The court request says Indianapolis Mayor Greg Ballard's office was required by law to offer time for a response from the school.
Less than a third of students at the Indianapolis Project School passed ISTEP tests -- well below the state average of 71 percent.
Indy is putting together a bid for the 2018 Superbowl.
Some councilors say they haven't heard any evidence blacklisting happens.
Medical experts say studies show an Indianapolis smoking ban is likely to have an effect for both smokers and non-smokers.
The latest proposal would have exempted some private clubs from the ban.
The new ordinance would remove exemptions for bars and restaurants and allow them for private clubs.
Indianapolis dedicated its 9/11 memorial Sunday near the canal in downtown.
Mayor Ballard said he hopes upwards of 150,000 fans will spend up to two weeks in the circle city for the big event.