Legal Alert Warning: Indiana is Going Smoke Free

Authored By THEODORE T. STORER

The Change

Effective July 1, 2012, Indiana law prohibits smoking inside public places and places of employment.  The ban extends to areas within eight (8) feet of an entrance.

This Change applies to the entire State, but it is subordinate to any existing city or county ordinances that are more restrictive.

Are There Exceptions?

Yes, there are numerous exceptions to the law, including but not limited to:

  • most gambling or gaming facilities;
  • private, tax exempt clubs that have a separate smoking room and do not allow anyone under 18 years of age into the smoking room;
  • retail tobacco stores;
  • bars or taverns;
  • cigar stores, but they must prohibit cigarette smoking;
  • businesses that are also a residence, as long as there are no outside employees

For a full list of exceptions please see the House Enrolled Act no. 1149, available at:  //www.breatheindiana.com/HE1149.1[1].pdf

Action Items

  • Employers must inform their employees that smoking is prohibited in the place of employment.
  • An employer or an official in charge is responsible for posting signs at each public entrance that read “State Law Prohibits Smoking within 8 Feet of this Entrance”

Where to Find More Information

Go to //www.breatheindiana.com/ to request a “toolkit” that contains the necessary postings for a place of employment and to learn the necessary changes an employer is required to take in order to comply with the new law.


The Legal Alert is for general information purposes only, and is not intended as legal, tax or accounting advice or as recommendations to engage in any specific transaction and does not purport to be comprehensive.  Under no circumstances should any information contained in this Legal Alert be used or considered as an offer or commitment, or a solicitation of an offer or commitment, to participate in any particular transaction or strategy.  Any reliance upon any such information is solely and exclusively at your own risk.  Please consult your own counsel, accountant or other advisor regarding your specific situation.   Rothberg Logan & Warsco LLP will not be responsible for any consequences of reliance upon any opinion or statement contained here, or any omission.