While the Commissioners have the power to enact a general ordinance governing the use of e-cigarettes in county buildings under the Home Rule Act, the Commissioners do not have the authority to regulate the use of e-cigarettes in the county jail because that power is entrusted in the Sheriffs Office pursuant to the Take Care Provision (Indiana Code 36-2-13-5(a)(7)). The case is Jordan Brewer, Mark Timmons, and John Uitts, in Their Official Capacities as Commissioners of Clinton County v
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The smoke itself is an irritant, worsening the condition for both smokers and those exposed to secondhand smoke
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