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Hall Drive-Ins, Inc. v. City of Fort Wayne
Citations: 747 N.E.2d 643; 2001 WL 493280Docket: No. 02A03-0005-CV-189
Court: Indiana Court of Appeals; May 10, 2001; Indiana; State Appellate Court
Triangle Park, a restaurant-bar, was cited by a City inspection officer for violating the City Anti-Smoking Ordinance by not removing an ashtray from its bar area, which is restricted to minors. The case parallels Hall Drive, Ins, Inc. v. City of Fort Wayne, with similar facts. The bar area is separate from the restaurant, with access through a swinging door and a passageway for servers. The trial court's judgment was reversed in favor of Triangle Park based on the precedent set in the Guesthouse case, which found that the bar area was compliant with the smoking ordinance. The opinion notes that while minors are not allowed in the bar, reasonable deterrence is sufficient, and physical barriers do not need to be complete, as long as they are at least 72 inches high. The evidence indicated that the walls were higher than this requirement. Judge Sharpnack dissented with a separate opinion.