Exemption from smoking ban snuffed out for off track betting facility

INDIANAPOLIS (WISH)  An off track betting facility in downtown Indianapolis will have to go smoke free, just like other Marion County restaurants and bars.

In a ruling released Wednesday by the Indiana Court of Appeals, the court found the exception to the no smoking law for the OTB site is unconstitutional.

The court said, ” because it treats satellite facilities differently than bars and restaurants and this disparate treatment is not reasonably related to the inherent differences between the two entities. Therefore, we sever the exception from the Indianapolis No Smoking Ordinance.”

Several bars and tavern owners have been fighting to overturn the Marion County law since it was passed in 2012.  Ironically, the court ruled that the smoking ban for the bars and taverns is constitutional.

24-Hour News 8 contacted the attorney for the bars and tavern owners, who said he didn’t know yet if they would appeal Wednesday’s decision.

Centaur Gaming, parent company of Hoosier Park Racing & Casino and Indiana Grand Racing & Casino and owner of the Indianapolis Offtrack Betting site, released this statement:

“Centaur Gaming maintains that the Winner’s Circle Pub, Grille, & OTB smoking exemption to the Indianapolis smoking ordinance is constitutional and will be considering all further legal options in response to this latest decision. Given that this matter is still pending before the courts, we will reserve any further comment at this time.”