36 N.E.3d 1118
Ind. Ct. App.2015Background
- Indianapolis No-Smoking Ordinance 616-201, as amended in 2012, lists several exemptions including satellite facilities with licenses.
- Hoosier Park Winner’s Circle operated as the sole satellite facility licensed under IC 4-31-5.5 by April 1, 2012.
- Whistle Stop Inn and Touise Tiford (Thirsty Turtle) challenged the satellite facility exemption as unconstitutional under the Indiana Equal Privileges and Immunities Clause.
- The trial court granted summary judgment for the City and Hoosier Park, denied judgment on the pleadings, and allowed Hoosier Park to intervene as of right.
- The appellate court held the satellite facility exception unconstitutional, severed it from the ordinance, and remanded for further proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does satellite facility exception violate Equal Privileges and Immunities Clause? | Whistle Stop argues disparate treatment is irrational. | City/Hoosier Park contend no constitutional violation; distinction is related to satellite facilities. | Yes; exception unconstitutional and severable. |
| Is the res judicata defense applicable to bar this suit? | N/A (not necessary for plaintiffs) | Goodpaster precludes identical claim. | Not barred; Goodpaster addressed a different exception. |
| Was Hoosier Park's intervention as of right proper? | Hoosier Park lacks direct, immediate interest. | Hoosier Park has an immediate, direct interest and the City cannot adequately represent it. | Yes; intervention as of right proper. |
| Did Stieler control the judgment on the pleadings regarding the satellite facility exception? | Stieler dispositive; Evansville-like disparity invalid. | Stieler is informative but not controlling here. | No; Stieler not controlling; case distinguished. |
Key Cases Cited
- Goodpaster v. City of Indianapolis, 736 F.3d 1060 (7th Cir.2013) (upheld ordinance; disparate treatment permissible for bars vs. tobacco/specialty venues)
- Paul Stieler Enterprises, Inc. v. City of Evansville, 2 N.E.3d 1269 (Ind.2014) (amended Evansville ordinance unconstitutional; riverboats exception not reasonably related)
- Collins v. Day, 644 N.E.2d 72 (Ind.1994) (two-tier test for equal privileges and immunities; substantial distinctions required)
- Dorchy v. Kansas, 264 U.S. 286 (U.S.1924) (severability framework for bad portions of statute)
- State v. Barker, 809 N.E.2d 312 (Ind.2004) (severability and legislative intent considerations)