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Hall Drive-Ins, Inc. v. City of Fort Wayne
Citations: 747 N.E.2d 638; 2001 Ind. App. LEXIS 776; 2001 WL 493445Docket: No. 02A04-0005-CV-219
Court: Indiana Court of Appeals; May 10, 2001; Indiana; State Appellate Court
Hall Drive~Ins. Inc., operating as Don Hall's Guesthouse, is a restaurant-bar where minors are permitted in the restaurant but not in the bar area. The bar, while a separate room with floor-to-ceiling walls, does not have fully enclosed access due to open doorways to the rest of the restaurant. A City inspection officer issued a citation for allowing smoking in the bar area, citing a lack of 'separation doors' as required by the Anti-Smoking Ordinance of Fort Wayne. The trial court upheld the citation and imposed a $100 sanction against the Guesthouse. Guesthouse acknowledged its classification as a restaurant under the ordinance, which includes bars, and confirmed that food is served in both the bar and restaurant areas. However, it argued that smoking should not be prohibited in the bar area, referencing the first exemption provision of the ordinance, which allows designated areas not subject to smoking restrictions based on the presence of minors and alcoholic beverages. Despite this, Guesthouse did not claim that the bar met the requirements of the second exemption provision, which mandates complete enclosure and separate ventilation for smoking areas. To overturn the court's decision, Guesthouse needed to demonstrate that the bar fell within the first exception, which it successfully argued, as the ordinance specifies that areas where minors are prohibited from entering, like bars, are not subject to smoking restrictions. Minors are prohibited from entering the bar area of the Guesthouse but are allowed in the restaurant's non-bar sections, where smoking is not permitted. In contrast, smoking is allowed in the bar area because it is off-limits to minors, aligning with the first exception of the Anti-Smoking Ordinance. The Alcoholic Beverage Laws allow different uses within the same establishment, permitting alcohol service in areas restricted to adults and allowing smoking in those areas. The City contends that the bar must be fully enclosed, but the relevant laws do not mandate closed doors or windows for separation. Instead, a reasonable barrier suffices, provided the establishment meets specific food sales requirements. The City’s stance effectively suggests that if any part of the restaurant does not qualify under one of the four exceptions, smoking would be banned throughout the entire establishment, which misinterprets the Ordinance. The court concludes that Guesthouse is exempt from the enclosed requirement and falls under the exception for areas not subject to smoking restrictions. The judgment favoring Guesthouse is reversed, and the case is remanded for the motion to dismiss to be granted.