“Throughout history, it has been the inaction of those who could have acted; the indifference of those who should have known better; the silence of the voice of justice when it mattered most; that has made it possible for evil to triumph.”
Tuesday, July 17, 2012
Press Release: Indianapolis Bar Owners File for Preliminary Injunction Against Enforcement of Smoking Ban
yesterday evening, an attorney for ten Indianapolis bar owners filed a Motion
for Preliminary Injunction to stop the enforcement of Indianapolis' smoking ban
while the case is being litigated in the federal district court in
preliminary injunction is an injunction issued prior to the court's full
consideration of the merits of a plaintiff's claims.It is designed to prevent irreparable harm to
the plaintiffs while the case is being litigated.If granted, the preliminary injunction would prevent
the City of Indianapolis from enforcing the smoking ban until such time as the
district court can fully consider the merits of the lawsuit.
filing the motion, Mark Small, lead counsel for the bar owners, noted that
several of the bar owners he represents have lost as much as 60% of their business
since the ban took effect on June 1st.They have had to lay off or cut the hours of bar employees.Revenue from pool tables, juke boxes, and
dart boards in the bars is also sharply off, according to Small.
is no doubt that, contrary to what the proponents of the ban claimed, many Indianapolis'
bars have been harmed by the smoking ban.Small continues, "All of my clients' bars are small, neighborhood taverns.Many of the owners have put their life
savings into their bars and now they fact the very real possibility that the City's
ban will put them out of business."
bar owners' filing contains a lengthy and detailed attack on the credibility of
the studies relied upon by the City to conclude that second hand smoke is
dangerous to bar employees, the stated justification for the adoption of the
smoking ban."The ordinance rests
on a shaky foundation of flawed studies and junk science," Small said.The United States Supreme Court in Daubert v. Merrell Dow Pharmaceuticals, Inc.
has held that junk science is not acceptable evidence in a courtroom."
of the Motion for Preliminary Injunction and Memorandum are available upon