Bar owner fights smoking ban

INDIANAPOLIS (WISH) - While a Marion County smoking ban is set to take effect Friday, some area tavern and bar owners are trying to stop it before it starts. At least one has filed a federal lawsuit claiming it's unconstitutional.

The owner of Riff Raff’s, an eastside Indianapolis bar, said her rights are being violated and her business will suffer if the law is allowed to go into effect three days from now.

Walk inside Riff Raff’s, and the smell of smoke fills the air. And if the Borem family, which bought the bar a year ago, has its way, it will stay that way.

"This is a smoking establishment. Everyone in here is over the age of 21 - old enough to make their own decisions. If you don't want to be in a smoking place, don't come in," said Phyllis Borem.

So convinced is the family that they have the right to let smokers smoke inside their bar, that last Friday they filed a federal lawsuit against the city of Indianapolis, Mayor Greg Ballard and members of the City County Ccouncil.

Simply put, Riff Raff's says since tobacco is legal, and the law exempts some businesses, like private clubs and casinos, from the smoking ban, it violates bar owners’ legal rights.

"I don't want my customers to be harassed,” Borem said. “I don't want them to not come in here because they can't smoke."

Joel Garcia, one of her loyal patrons, echoed her sentiments.

"t's a shame, because they lose money by losing their customers because we can't come in and smoke," he said.

While the city has not seen the lawsuit, a spokesman said legal action is not unusual when smoking bans are first implemented. And the city said the mayor, expects to prevail.

"It's one of those things that a year from now we'll wonder what all the hubbub was about. I think it will be mostly smooth implementation," Ballard said.

But Borem said she's not alone in the fight. She said other bar and tavern owners are filing lawsuits against the city as well and all will work together to try and stop the smoking ban before it begins. If she fails, she said she will obey the law.