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GOODPASTER v. CITY OF INDIANAPOLIS

No. 13-1629.

736 F.3d 1060 (2013)

Wanda GOODPASTER et al., Plaintiffs-Appellants, v. CITY OF INDIANAPOLIS, City-County Council of the Consolidated City of Indianapolis, Marion County, Indiana, and Mayor of Indianapolis, Indiana, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided November 25, 2013.

Attorney(s) appearing for the Case

Paul K. Ogden, Attorney, Ogden Law Office, Mark Small, Attorney, Indianapolis, IN, for Plaintiff-Appellant.

Alexander P. Will, Attorney, Office of the Corporation Counsel, Indianapolis, IN, for Defendant-Appellee.

Before KANNE, ROVNER, and WILLIAMS, Circuit Judges.

KANNE, Circuit Judge.

Appellants, who own bars in Indianapolis-Marion County, Indiana, filed suit seeking injunctive and declaratory relief against enforcement of the 2012 Indianapolis-Marion County smoking ordinance. The district court denied the bar owners' motion for a preliminary and permanent injunction and entered judgment in favor of the City. The bar owners now appeal.

I. BACKGROUND

In 2005, the City-County Council of Indianapolis and Marion...

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