Date: June 13, 2012
Location: Federal Courthouse (steps on southeast side of building)
Contact Person: Paul K. Ogden
Today, Attorney Mark Small, on behalf of 43 plaintiffs, including Indianapolis bar owners and bar patrons, filed an amended complaint in Federal District Court. Mr. Small will be holding a press conference on the steps of the Federal Courthouse (southeast side) at approximately 3 pm to answer any questions members of the media may have about the lawsuit.
The amended complaint names Mayor Greg Ballard, the City of Indianapolis, County of Marion, and the Indianapolis City-County Council as defendants. The amendment is a step toward consolidating the numerous lawsuits filed in the wake of Mayor Ballard signing the smoking ban ordinance as well as adding additional legal theories.
The amended complaint alleges the smoking ban infringes on the Plaintiffs' due process rights, violates the equal protection clause by unfairly targeting their businesses while allowing other businesses to permit smoking, amounts to a taking without compensation under the United States and Indiana constitutions, violates the Plaintiffs' free association rights, and infringes on the liberty rights of the Plaintiffs as guaranteed by the Constitution.
In filing the lawsuit, Attorney Small noted: "The right of an owner of a private business on private property to allow patrons or customers to engage in otherwise legal conduct is among those rights not specifically enumerated in the Constitution or Bill of Rights, but would have been a right the Framers would have believed unnecessary to specifically protect as they convened over mugs of ale and pipes of tobacco during that summer of 1787 in Philadelphia."
The lawsuit requests that the Federal District Court declare the smoking ban to be unconstitutional and the City be enjoined from enforcing the ordinance.
Mr. Small has a hearing early this afternoon and will not be available to answer questions before the press conference. Following the press conference, Mr. Small can be reached at his office at 252-4800.
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