“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, October 23, 2012
Indianapolis' Smoking Ban Set For Evidentiary Hearing in Federal Court
October 24, 2012 (possibly continuing the next day)
Time:Beginning at 9 am.
Location:United States Courthouse, 46 E. Ohio St,
Indianapolis, IN, Room 349
ordinance banning smoking in city bars is set for an evidentiary hearing to
begin on Wednesday, October 24, 2012 in the courtroom of the Honorable Richard
Young, Federal Judge of the Southern District of Indiana.
the Plaintiffs will call several bar owners, a patron and others to testify
about the devastating impact the ban has had on the bars' business. Plaintiffs will also call Dr. John Dunn who will
testify that there has never been, under the rules of science, a link
established between secondhand smoke and health problems.Attorneys for the City of Indianapolis are
expected to counter with their own lay witnesses and medical experts.
evidentiary hearing, which is expected to last two days, is being held with
respect to the Plaintiffs' request for an injunction (and the City's request to
dismiss that request) against the enforcement of the city's smoking ban against
the Plaintiff bar owners, most of whom have small neighborhood bars that have
been hit hard by the smoking ban.
Ogden, one of the attorneys for the Plaintiffs, noted that, for many of the bar
owners, over 85% to 90% of their customers were smokers and that, since the smoking
ban was enacted on June 1st, these customers simply stopped going to bars that
previously allowed smoking.Ogden
stated:"It's sad what the City has
done to these people.Many invested
their life savings to buy a small bar in a working class neighborhood so they
could earn a living and socialize with friends.Now these smoking customers are gone and, despite what city officials
promised, the wave of new, nonsmoking customers going to these former smoking establishment,