FORT WAYNE, Ind. (AP) -- An American Legion post in northeastern Indiana has filed a federal lawsuit challenging the constitutionality of a statewide smoking ban set to take effect on July 1.
An attorney for American Legion Post 243 in Ligonier, 40 miles northwest of Fort Wayne, filed a lawsuit in U.S. District Court on Thursday arguing the statewide ban is unconstitutional because it is too vague, violates the equal protection clause and violates the state constitution's freedom of conscience provision. The lawsuit seeks a preliminary and permanent injunction to prevent the law from being enforced.
The new ban exempts private clubs like the post, but it also says facilities that permit smoking can't host events at which children will be present. The lawsuit says about 20 children are present at the post a week.