IS IT TRUE: March 13, 2012
IS IT TRUE that the ink is barely dry on the “almost†comprehensive smoking ban that was passed by the Evansville City Council and there are already two legal challenges being brought against the City of Evansville and the City Council?…that the basis for the suits that has real merit is the exemption that was carved out for the gaming floor at Casino Aztar?…that of course both suits have other claims of “freedom of assembly†and “right to smoke†to cloud the air but those kinds of suits have been struck down by courts all over the country so many times that the precedents are on the side of the City and its Council?…that the City County Observer predicted this would happen on the basis of the alleged “capricious and arbitrary†granting of an exemption based on the magnitude of tax dollars that Aztar pays to the city?…that the only real cognitive argument that the City of Evansville will have that may have legs is that their decision on the Aztar exemption was not â€capricious and arbitraryâ€?…that the tobacco games are about to begin in Evansville so get your popcorn and enjoy the show?…that as the little Koala Bear says in “Rescuers Down Under†“THIS OUGHTA BE RICHâ€?
IS IT TRUE that Louisville tried the whole give and exemption to a legacy business that howled that they would go broke if smoking were banned thing and lost in court?…that Louisville carved out an exemption for Churchill Downs and were sued on the basis of “unequal protection†and lost the case?…that the eventual result was a non-smoking Churchill Downs along with the other businesses in town?…that the Evansville City Council knew this full well when they embarked on a trip down the same path?…that even though two members of the City Council voted against the smoking ordinance that the precedent of Louisville never came up in the discussions and neither did equal protection?…that there is no justification for the City Council having gotten itself into this predicament?…that what has to happen now to get the equal protection dilemma relieved is either Evansville will return to its old ways of not protecting workers and will once again be a smoker’s paradise or the next step will be taken to go comprehensive with the smoking ban with no exemptions?
IS IT TRUE that won’t happen so fast because the Indiana State Legislature in all of its wisdom has passed an even more watered down version of a smoking ban that allegedly prevents cities from banning smoking on a casino floor?…that the reality of this situation is that the State of Indiana may have just passed an unconstitutional smoking ban to complement the one that Evansville is being challenged for?…that the City of Evansville may have painted itself into a corner that only leaves it an “all or nothing†option except that the all would violate Indiana’s weak ban?…that would leave Evansville by virtue of the timing and the exemptions with a NOTHING option unless they learned attorney for the City of Evansville can prevail over the “capricious and arbitrary†assertion?…that the days, months, and years that follow will be most interesting in this place that seldom has the courage do what they knew or should have known to be the only defensible action available?
IS IT TRUE that even in the now 24th year of a statewide comprehensive smoking ban in the State of California that gaming floors in casinos allow smoking?…that back in 1988 when the ban was passed there were no casinos in California?…that the way that this happened is because only Indian Reservations can host gambling houses?…that Indian Reservations are considered for these purposes to be sovereign nations and get to make their own rules with respect to smoking just like the states?…that the tribes by choice or to appease market forces only allow smoking where the gaming is taking place and not in the common areas of their facilities?…that maybe that is a solution for Indiana if the state and its cities can’t muster the courage to choose as many other states have already done?
As I have been saying for months, the City Council should’ve left the Aztar gaming decks out in the county jurisdiction where they belong, because that is probably where they float. Too late now!
The Evansville/Vanderburgh County smoking ordinance needs to be amended to allow gambling facilities, private clubs, fraternal clubs, taverns and bars, similar to the recently passed Indiana legislation. Evansville will lose this battle. Mark it down. Weaver and Mosby looks pretty good on this deal.
I can’t imagine a scenario where either of these two … let alone TOGETHER … look good.
Regarding exemptions and “special legislation” … It happens all the time. Speed Limit 65 (except for trucks, it’s 55). You can open your business on Sundays (unless you sell liquor or cars). You’ve got to pay taxes on your home and businesses (unless you’re a non-profit). Tuition at universities is X-dollars per credit hour (unless you’re out of state .. Or, unless you’re out of state but in a neighboring county, and therefore you count as IN STATE even though you live in Kentucky or Illinois…)…. Like I said. It happens all the time.
Good points.
It has to apply equally to all trucks over a certain weight or all non for profits…you can not pick and choose, which is how the current ordinance is written. Based on what I have read, local communities can pass more stringent smoke ordinances, but has to apply equally to all. In other words don’t exempt Aztar.
Exempting JUST the gambling deck of AZTAR is about as NARROW a designation as one can make and is quite different in the number of “businesses” effected.
The narrowness of the exemption is enough to kill it. It is special legislation and you know it, and I know it, and the legal community knows it. Only the ethically challenged would see it any other way.
__
The exemptions are “special legislation†which is forbidden by Indiana’s Constitution.
__
Q. What is Earthcare Energy LLC putting up as collateral for their $5. million loan from the City of Evansville
A. ?
__
We posted the loan documents yesterday. If you find reference to any collateral please let us know.
I found some collateral . . . damage
Comments are closed.