Give Now

Indianapolis Smoking Ban Fight Goes To Court Wednesday

An attorney for Indianapolis bar owners claims studies showing harm from secondhand smoke are baseless.

cigarette

Photo: Raul Lieberwirth (Flickr)

Indianapolis' smoking ban is more restrictive than the statewide ban which went into effect July 1.

A pre-trial hearing in the case against Indianapolis’ smoking ban is set for Wednesday morning in U.S. District Court.

Attorney Mark Small says studies citing the dangers of second-hand smoke are completely without merit. Small represents eleven Indianapolis bars seeking a stay against the city’s recently-expanded smoking ban. The city is asking the court to dismiss the entire case.

The city of Evansville currently faces a similar charge from business owners there.

Network Indiana

Network Indiana Indiana's Only Audio News Network. Network Indiana is dedicated to providing the state of Indiana important and useful information.

View all posts by this author »

  • Faizan Raza

     nice post

  • smokefree1988

    The upcoming cases in Indianapolis and Evansville are another waste of the taxpayer’s dollars.  

    Smokefree ordinances have stood up to every constitutional challenge throughout the entire country for good reason. These ordinances were a result of local and state legislatures which are not beholden to the tobacco industry and have carried out their responsibilities to protect the health and safety of their constituents.

    In other words, they were doing their job! Indiana has been a steady tobacco industry stronghold, the last bastion in the Midwestern states, so it is understandable why they are relentless in fighting the change.

  • Steve Kelly

    The anti-prohibition effort Mark Small represents is waged by local business owners and private citizens fighting a mindless and baseless tyranny. These people have nothing to do with the big tobacco industry. The industry should have fought prohibitionist fanaticism more wisely than it did. The vicious hate campaign against tobacco consumers will end when enough citizens stand up and denounce it for what it is. God bless every effort against anti-tobacco fanatics. Such efforts are expanding world-wide, and thank God, for that. 

  • harleyrider1978

    The justification for the statewide ban is whats on trial and it has been before in Federal court where it was tossed as JUNK SCIENCE!A law while duly enacted maybe legal,but when fraud was perpetuated to bring about the law along with Illegal Lobbying thru non-profit Federal Grants and 501-3c tax excempt status groups we find a whole history of fraudulent acts that created a law! This is what is being investigated in Washington DC by the Inspector Generals office and has already found mass illegal acts in the grant lobbying laws of many of these groups nationwide who pushed the smokefree law thru in Indiana.Forth comming Federal Indictments will be the wave of the future as these smokefree pundits are brought to justice!

  • harleyrider1978

    Federal Grants May Have Illegally Funded Lobbying ActivitiesFederal funds may have illegally supported state and local lobbying efforts as part of a “prevention and wellness” program by the Department of Health and Human Services, according to HHS’s Inspector General.The IG noted that possibility in a letter to Sen. Susan Collins (R-ME), who first raised concerns about the program. “Grantees may have violated a series of anti-lobbying statutes,” the IG found. Statements by the Centers for Disease Control and Prevention, which administered the program, “appear to authorize, or even encourage, grantees to use grant funds for impermissible lobbying,” the IG added.The CDC program awards grants to states to reduce smoking and obesity. Those grants cannot be used to lobby state or local legislatures, but the IG’s office found “numerous examples of activities that, on their face, may violate anti-lobbying provisions.”The IG notes that while state and local efforts may have included lobbying, federal funds did not necessarily go towards those specific activities. But descriptions of some of the state and local activities at issue suggest at least an intention to misuse federal funds (if unwittingly).Google the title for the rest of the story!

  • harleyrider1978

    OSHA / NIOSH RESEARCH
    In 1991 NIOSH { OSHA’ research group} Looked into ETS although at the time they recommended reducing ETS exposure they found the studies lacking.
    NIOSH recognizes that these recent epidemiological studies have several shortcomings: lack of objective measures for charachterizing and quantifying exposures,failures to adjust for all confounding variables,potential misclassification of ex-smokers as non-smokers,unavailability of comparison groups that have not been exposed to ETS, and low statistical power.
    Research is needed to investigate the following issues:
    1. More acurate quantification of the increased risk of lung cancer associated with ETS exposure,including determination of other contributing factors[e.g.,occupational exposures]that may accentuate the risk.
    2.Determination of the concentration and distributuion of ETS components in the workplace to help quantify the risk for the U.S. working population.
    a.The association of ETS exposure with cancer other than lung cancerb.The relationship between ETS exposure and cardiovascular diseasec.The relationship between ETS exposure and nonmalignant resporatory diseases such asthma,bronchitis and emphysema, andthe effects of ETS on lung function and respiratory systemsc. Possible mechanisms of ETS damage to the cardiovascular system,such as platelet aggravation,increased COHb leading to oxygen depravation,or damage to endotheliumd.Effects of workplace smoking restrictions on the ETS exposure of nonsmokersand ETS-related health effects in nonsmokers
    After ten years of no conclusive research and lack of studies that didn’t eliminate the bias OSHA decided that the studies did not have substance and here is there present policy.
    Environmental Tobacco Smoke (ETS)
    Because the organic material in tobacco doesn’t burn completely, cigarette smoke contains more than 4,700 chemical compounds. Although OSHA has no regulation that addresses tobacco smoke as a whole, 29 CFR 1910.1000 Air contaminants, limits employee exposure to several of the main chemical components found in tobacco smoke. In normal situations, exposures would not exceed these permissible exposure limits (PELs), and, as a matter of prosecutorial discretion, OSHA will not apply the General Duty Clause to ETS.
                                                                                                                                                                                                                                        

  • harleyrider1978

    OSHA / NIOSH RESEARCH
    In 1991 NIOSH { OSHA’ research group} Looked into ETS although at the time they recommended reducing ETS exposure they found the studies lacking.
    NIOSH recognizes that these recent epidemiological studies have several shortcomings: lack of objective measures for charachterizing and quantifying exposures,failures to adjust for all confounding variables,potential misclassification of ex-smokers as non-smokers,unavailability of comparison groups that have not been exposed to ETS, and low statistical power.
    Research is needed to investigate the following issues:
    1. More acurate quantification of the increased risk of lung cancer associated with ETS exposure,including determination of other contributing factors[e.g.,occupational exposures]that may accentuate the risk.
                                                                                                                                                             

  • harleyrider1978

    2.Determination of the concentration and distributuion of ETS components in the workplace to help quantify the risk for the U.S. working population.
    a.The association of ETS exposure with cancer other than lung cancerb.The relationship between ETS exposure and cardiovascular diseasec.The relationship between ETS exposure and nonmalignant resporatory diseases such asthma,bronchitis and emphysema, andthe effects of ETS on lung function and respiratory systemsc. Possible mechanisms of ETS damage to the cardiovascular system,such as platelet aggravation,increased COHb leading to oxygen depravation,or damage to endotheliumd.Effects of workplace smoking restrictions on the ETS exposure of nonsmokersand ETS-related health effects in nonsmokers
     
    After ten years of no conclusive research and lack of studies that didn’t eliminate the bias OSHA decided that the studies did not have substance and here is there present policy.
     
    Environmental Tobacco Smoke (ETS)
    Because the organic material in tobacco doesn’t burn completely, cigarette smoke contains more than 4,700 chemical compounds. Although OSHA has no regulation that addresses tobacco smoke as a whole, 29 CFR 1910.1000 Air contaminants, limits employee exposure to several of the main chemical components found in tobacco smoke. In normal situations, exposures would not exceed these permissible exposure limits (PELs), and, as a matter of prosecutorial discretion, OSHA will not apply the General Duty Clause to ETS.
                                                                               

  • Kinesis

     Finally we’re standing up for what is right. It is not only our right to fight unjust laws, but it is our duty! ETS is a joke, and the people of America have been lied to. I hope the bars win, so they can keep their businesses open!

What is RSS? RSS makes it possible to subscribe to a website's updates instead of visiting it by delivering new posts to your RSS reader automatically. Choose to receive some or all of the updates from Indiana Public Media News:

Support For Indiana Public Media Comes From

Search News

Stay Connected

RSS e-mail itunes Facebook Twitter Flickr YouTube

Follow us on Twitter

What is RSS? RSS makes it possible to subscribe to a website's updates instead of visiting it by delivering new posts to your RSS reader automatically. Choose to receive some or all of the updates from Indiana Public Media News:

Recent Health Stories

Recent Videos

Find Us on Facebook