Whistle Stop Inn, Inc. v. City of Indianapolis

BAKER, Judge.

[1] In this case we consider whether an exception to the Indianapolis No-Sfioking Ordinance is constitutional. The Indianapolis No-Smoking Ordinance generally prohibits smoking in public places, but it also contains several exceptions to this rule. For example, tobacco retail stores and fraternal clubs whose members vote to allow smoking are permitted to allow smoking on the premises. Here, we are determining whether an exception that allows smoking in satellite facilities — specifically, Hoosier Park Winner’s Circle — violates the Equal Privileges and Immunities Clause of the…