On February 13th, the Evansville City Council passed a smoking ban that included restaurants, bars and clubs which is scheduled to take effect April 1. It was determined the gaming floor at Casino Aztar would be exempt from the ban which had many crying foul. Local attorneys, Les Shively and Charlie Berger filed challenges against the city of Evansville and the Evansville City Council earlier this week against the ban and the hearing on those challenges is scheduled for March 27th. Shively is representing the private clubs including the VFW, American Legion, Germania Maennerchor and the Riverbend Association, while Berger is representing local bar and tavern owners.

According to Shively and Berger, the just passed smoking ban violates key points in both the U.S. and state constitutions, an argument that was successfully used in a similar case involving a Louisville, KY ban that exempted Churchill Downs, home of the Kentucky Derby.

Louisville wound passing a more comprehensive smoking ban that did include Churchill Downs. All eyes will remain on this case until it is resolved.