By: Brad Linzy
On Tuesday, the Indiana Supreme Court found that Evansville’s smoking ban was unconstitutional on the grounds that its casino exemption violated the Indiana Constitution’s Equal Privileges and Immunities Clause. This clause prohibits giving any citizen or class of citizen privileges or immunities not extended to all citizens.
Since the ruling, some bar owners have issued statements via social media about their future intentions. Amy Word, owner of Lamasco Bar and Grill on Franklin Street said in a comment to patrons she aims to keep her bar smoke free. Mojo’s Boneyard on Evansville’s east side, which will also remain smoke free, went more in depth, issuing a statement saying, in part, they want to “protect [their] Employees, Musicians and patrons from the health effects of second-hand smoke.”
Several local musicians have also weighed in on the issue.
Fred Hunt, guitarist from Gonzo’s Toybox, says that while he prefers not playing in smoking environments he will still do so for a paycheck. “…if you want to work, especially in this economy and particular scene, you can’t be too choosy. I played a lot of years in smoky rooms…I can do it again.”
Asked if he will charge more to play smoky venues, Hunt said his band plans to charge the same as always.
Solo artist Lindsey Williams, who recently released a new CD, isn’t happy about the prospect of playing in smoky rooms again. “I will only play non smoking bars,” he said. “I have made rare exceptions and always pay a heavy price the next day. I charge more to such establishments because I know I will suffer and not be able to perform the next day or two.”
National blues guitar champion Boscoe France, who is himself a smoker and plays in both smoking and non-smoking venues here and around the country, says he prefers the non-smoking clubs. France’s bassist, John Gillespie, agreed, offering more thoughts on the ruling: “We work now in clubs that allow smoking. [It’s] common in KY. I prefer to play in non-smoking clubs, but we do it.
Personally I didn’t like the ordinance and think that it should be a club owners choice, as well as a client’s choice. I doubly thought it wrong that the casino was exempt. It defied the logic behind the ordinance.”
Local country blues guitarist and songwriter Paul Blake, who has become somewhat of a staple of the Evansville live music scene, weighed in saying, “I don’t smoke, and I wont support any bar in the area that switches back.”
Blake continued: “The type of places in the area that will please the few patrons that want to smoke don’t have much respect for the well being of their employees and patrons that don’t smoke in my opinion.”
Guitarist and singer Dave Flick of The Relics said that although he quit smoking about 10 years ago he did not mind the smoke and has continued to play both smoking and non-smoking venues the last two years. “Most places outside of Evansville have allowed smoking,” he pointed out.
Jason Breeze of the metal band Vykanthrope plays his original music to a mostly younger crowd at Lanhuck’s on East Columbia Street. He believes that venue could revert to smoking and welcomes the change: “More people at all original shows equals more money for Vykanthrope to record cool old school rock…”
Matt Camp, guitarist for Blame the Radio and the World Class Assassins isn’t so happy about the ordinance’s repeal. “It sucks that bar owners are forced to choose between possible increased revenue and the health of their non smoking patrons and employees,” he said. “I commend the few that will choose to stay non smoking but I suspect most won’t.”
Camp stopped short of boycotting smoking venues, however, saying, “I have no choice to book these venues…we have to book the take the gigs that are available to stay working.”
Mike Mitchell, bassist for 80s revue McFly, feels indifferent about the smoke. “Im old school.. I played smoky bars for years,” he said. “Just not a big deal to me.” One thing Mitchell was not indifferent about was government involvement. “I loathe Big Brother,” he said.
Thanks to all my musician friends for the good discussion.
“We only need to hear from one location before Franklin Street makes an announcement, but so far, all the locally, family owned venues and bars (and our two private clubs!!) have all opted to remain non-smoking.” – Amy Word, Franklin St. Events Assn.
Good article, well reported and well written.
“On Tuesday, the Indiana Supreme Court found that Evansville’s smoking ban was unconstitutional on the grounds that its casino exemption violated the Indiana Constitution’s Equal Privileges and Immunities Clause. This clause prohibits giving any citizen or class of citizen privileges or immunities not extended to all citizens.” (Brad Linzy; paragraph 1)
How about an article on how completely contrary to logic it would be to have a state constitution that includes an article that prohibits state discrimination against “any citizen or class of citizens” and at the same time have an amendment that prohibits gay marriage.
You beat me to it Bill. What a can of worms this “Marriage Amendment” is. Evansville has had a problem “growing up” for a long, long time. As you state, the issue of gay marriage is about rights and discrimination, pure and simple. The state cannot have it both ways.
Well said, and so true. The covers have finally come off this issue to reveal what an abomination it is for people to discriminate against fellow same-sex couple citizens seeking only to live privately, happily, equally and free in their marriage.
They don’t like being called bigots, but it is finally becoming clear to everyone discrimination against same-sex married couples is simple bigotry.
I could not agree more. This is what we end up with when we get schizophrenic generations forgetting foundational principles like equality, freedom, and property rights.
This is why elsewhere in the Constitution it codifies the right of the people to abolish this form of government and start over if they wish.
Because prior generations cared so much about equality?
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