Statewide smoking ban takes effect Sunday

FORT WAYNE, Ind. (WANE) - The Indiana statewide smoking ban took effect Sunday.  The new law applies to certain types of businesses across the state, but not all.

Businesses exempt from the smoking ban include bars, retail tobacco stores, private clubs, and casinos.  Any business choosing to allow smoking can no longer serve anyone under the age of 18.  For some types of businesses, the minimum age is 21.

The Willows Restaurant & Lounge in Huntertown was not exempt from the new law and had to make changes.

“We had to setup some temporary picnic tables out on the side,” said Charles Caldwell, the owner of the Willows Restaurant & Lounge. “Then in the front, we have a couple tables they can smoke out here.  Hopefully in the next few months, we'll build an addition onto here where they can smoke on a patio or deck, but it's a big expense."

Caldwell said the new law will hurt his business because his smoking customers can go across town to smoke.

"Right now, we have probably eight people in there," he said.  "Normally, it's probably 20 or 30 people.  “It's really sending a lot of business towards other bars that don't have family rooms or anyone under the age of 18, and it's really going to hurt our business."

Not far from The Willows, customers are still allowed to smoke at Pepperchini's Pizza, Pub & Grub where everyone must be 21 or older to enter.

A bartender at Pepperchini's said the new law will improve business there.

“I think it will increase our business,” said Neuhaus.  “It is going to hurt the other area bars."

Indiana lawmakers said they wanted the smoking ban to protect the health of employees of businesses where smoking was allowed.

“I feel that all bars should be exempt from the smoking ban,” said Neuhaus. “As far as bars, you're 21 and over, you should be allowed to smoke.  I am thankful we can work in a place where we can still have the freedom to smoke."

One organizations has already challenged the new statewide ban.  In June, American Legion Post 243 in Ligonier filed a lawsuit in court, asking a federal judge to stop the ban.

Under the smoking ban, a city or county may pass a more strict smoking ban.  Fort Wayne's current smoking ban has been in place since 2008.