The Evansville smoking ban could be reversed if a group of local tavern owners have their way.
Attorney Charlie Berger filed a case that said the smoking ban violated individual businesses from operating under equal protection of the law. The case went to trial and lost. Then Berger appealed the case and lost again.
He filed a transfer to get the case from the Court of Appeals to the Indiana Supreme Court and that court has agreed to hear the case. It's a small victory for several local businesses.
"We're losing probably at least $10,000 to $15,000 a month," says Jerry Blake with the VFW Post 1114.
Evansville's VFW Post 1114 has more than 2,000 members, the second largest in the world. But officials say the city smoking ban has cut revenues, making it harder to operate and to donate back to the community.
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