American Legion Post 243 in Ligonier asked a federal judge Wednesday to dismiss its lawsuit targeting the states new smoking ban.
In its lawsuit, filed in June against the Indiana Alcohol and Tobacco Commission, Indiana Department of Health and Noble County Prosecutor Steve Clouse, the Legion post asked the federal court to prohibit enforcement of the statewide smoking ban.
The ban has an exemption for nonprivate clubs, such as the American Legion, but prohibits children from being allowed in the clubs smoking rooms.
The lawsuit argued that the states new rule doesnt prohibit smoking in casinos, so there is no reason to single out fraternal clubs.
But after a recent trial before U.S. District Chief Judge Philip Simon, the state of Indiana sent a letter to the plaintiffs saying that the Legion would be a public place only when the public was invited or permitted to be in the club.
The veterans of Post 243 are satisfied with the states acknowledgement and understanding that the smoking ban does not apply when the post is operating as a private club, wrote Scott Barnhart, the attorney for the American Legion Post, in a statement issued Wednesday.
In court documents, also filed Wednesday, Barnhart said dismissal of the suit would allow the court to devote its time and resources to other matters.
The deputy state attorney general assigned to the case said she did not oppose the dismissal of the lawsuit, according to court documents.