Paul Stieler Enters., Inc. v. City of EvansvilleAnnotate this Case
In 2012, the Common Council of the City of Evansville enacted an ordinance (“the Amending Ordinance”) that amended an existing smoking ban (“the Smoking Ban”). The Amending Ordinance extended the Smoking Ban to bars, taverns, and eating establishments but exempted riverboat casinos from the Smoking Ban. Various bars and private clubs brought actions against the City and its Council, claiming that the Amending Ordinance was unconstitutional. The trial court upheld the constitutionality of the Amending Ordinance, and the court of appeals affirmed. The Supreme Court reversed, holding (1) on its face, the Amending Ordinance violates the Equal Privileges and Immunities Clause of the Indiana Constitution because the disparate treatment is not reasonably related to the inherent differences between divergently-related classes; and (2) the Amending Ordinance must be stricken in its entirety.