The Indianapolis Star from Indianapolis, Indiana • Page 1

business, ci COMING WEDNESDAY INDY TAILORS THREAD A 100-YEAR LEGACY RELIVE THE REGGIE YEARS Special section celebrates retiring Pacer's 18-year career. rrn Star MBIANAPOL "Where the Spirit of the Lord is, there is Liberty" II Cor. 3:17 ZSSSS2 1 TUESDAY, MAY 24, 2005 I GSSSZ A GANNETT NEWSPAPER INDYSTAR.COM CITY FINAL 50 CENTS rs) If 0r 17 A JV NEW RULES, $100 FINE TO TAKE EFFECT NEXT MARCH PUT IT OUT: Starting March 1, 2006, smoking would be banned in workplaces, Laun dromats, lobbies, restrooms and other public areas. Restaurants and bars are covered by the vate clubs and cigar bars will be excused. Offenders individuals or businesses could face a $100 fine per violation.

Through a spokesman, Mayor Bart Peterson said he would sign the measure. For proponents, the approval was the culmination of a years-long struggle and a prickly debate that at times seemed destined to end in defeat. Public testimony on the ban far outweighed what has been heard on any other issue in years. See Smoking, Page A9 By John Frltze john.fritzeindystar.com Indianapolis officials approved a controversial workplace smoking ban Monday ending years of debate and bringing the city in step with hundreds of communities nationwide. On an 18-9 bipartisan vote, the City-County Council endorsed a plan to prohibit smoking in most restaurants, some bars and a laundry list of public spaces from hotel lobbies to taxis to elevators.

For Amy Dawson, 25, who was catching a show at Downtown's Slippery Noo dle Inn minutes after the council's vote, approval of the ban was welcome news. "I used to work in a bar Downtown, and I was sick all the Dawson said. Brad Alexander, who was tending bar at Houlihan's, 111 W. Maryland predicted trouble. "That's going to absolutely kill us," he said.

"People want to come in and have a smoke and some drinks and dinner. They'll have to run outside for a smoke." Under the ban, most restaurants will become smoke-free March Bars that don't admit patrons younger than 18, pri ban unless they prohibit customers younger than 18, in which case they are exempted. GO AHEAD, LIGHT UP: Excused from the ban: bowling alleys, private clubs, HU cigar bars, retail tobacco stores, designated hotel smoking rooms, and family-owned businesses in which all employees are related and the business is closed to the public. RACE WEEK Flawed device: Guidant knew but didn't tell I DANT Guidant is one of the nation's largest makers of medical devices, with $3.8 billion in sales last year -almost half of that from implantable defibrillators. Merger: In December, Johnson Johnson announced plans to acquire Guidant for $25.4 billion.

The deal is expected to be completed in the third quarter. Headquarters: For now, Guidant headquarters will be in the Bank One Tower on Monument Circle. History: Guidant was spun off by parent Eli Lilly and Co. in June 1994. Stock: Shares rose 32 cents, or 0.43 percent, to close Monday at $74.23 on the New York Stock Exchange.

In the past year, it has traded in a range from $49.95 to $75.15. Star and new services 1 1 1 Death of a patient whose defibrillator shorted out brings problem to light. By Barry Meier The New York Times Guidant a medical device maker based in Indianapolis, did not tell doctors or patients for three years that a unit implanted in 24,000 people that is designed to shock a faltering heart contains a flaw that has caused a small number of the units to short-circuit and malfunction. The matter has come to light after the death in March of a 21-year-old college student from Minnesota, Joshua Oukrop, with a genetic heart disease. Guidant acknowledges that his device, which is known as a defibrillator, short-circuited.

The young man was in Moab, Utah, on a spring break bicycling trip with his girlfriend when he got off his bicycle complaining of fatigue. He then fell to the ground and died of cardiac arrest. The young man's death is the only known one involving the device. After Oukrop's death, Guidant told his doctors that it was aware of 25 other cases in 4J 'Cart JJL Matt Datrich The Star Center of attention: Driver Danica Patrick (right) checks out the skyline of Times Square during a daylong promotional tour in New York City. Patrick, the fourth-fastest qualifier for Sunday's Indianapolis 500, granted 27 television interviews during the day.

A BIG APPLE BLITZ which the defibrillator, a Ven-tak Prizm 2 Model 1861, had been affected or disabled by the same electrical flaw. Gui- See Guidant, Page A8 1 1 I INSIDE Start your video players Fourteen race movies to get you in the mood. El Field trip to the track Thousands of kids are doing schoolwork at the Speedway. B1 Open-wheel reunion? Serious talks appear to be under way to reunite the IRL and Champ Car World Series. D1 Dave on racing.

Deal limits filibusters, allows vote on nominees 1 I. 2r Indy drivers take New York lap to hype race By Phil Richards phil.richardsindystar.com NEW YORK Thirty-three drivers marched out of the Marriott Marquis at midday Monday and paraded through the Midtown Manhattan bustle and onto Times Square. Each wore a racer's vivid fire suit. Each carried a colorful helmet. They turned some heads.

Not all. "New York is such a crazy city, we walked by some people, and they didn't even notice us," marveled Larry Foyt, who will start 30th when the 89th Indianapolis 500 goes off Sunday at Indianapolis Motor Speedway. "One guy asked me how fast my bike went. "I said, Maybe it was just that so much of the attention was commanded by Danica Patrick, a 23-year-old rookie who resides in Phoenix. See Blitz, Page A8 Analysis: Deal is a minor win for Bush; more tests ahead.

A4 Pace setter: Colin Powell, who will drive the pace car Sunday, stands with the starting field during a pause in the media tour. 0. What's the fastest you've driven? "150 mph on the autobahn. I was passed by a A HIGH POST FOR REGGIE: GRAND MARSHAL Retiring Indiana Pacers guard Reggie Miller will serve as grand marshal for Saturday's IPL By Jill Zuckman Chicago Tribune WASHINGTON Pulling the Senate back from a bitter showdown over judicial nominees, a bipartisan group of 14 senators struck a deal Monday night to allow votes on three appellate court nominees and to limit filibusters for use only under "extraordinary circumstances." Sea John McCain, who helped lead the seven Republicans and seven Democrats, said the deal would "pull the institution back from the precipice that would have had lasting damage." The compromise, which would prevent any changes to Senate rules for the remainder of the 109th Congress, appeared to have caught the leaders of both parties by surprise. But Senate Democratic Leader Harry Reid, quickly embraced the agree- See Deal, Page A9 station wagon with a family of six coming home from church." More D1 and with Danica On "Late Night," Danica Patrick explains why racing is in her genes.

AS 500 Festival Parade. More than 300,000 spectators are expected for the parade, which will begin at noon and follow a two-mile route through Downtown Indianapolis. "This is a great, great honor for me," Miller said in a statement SO 50 Increasing clouds and cooler. Full forecast, B6 Look for profiles of top grads today and the weeks ahead in Metro State and in suburban editions. Scoreboard 07 Star Classifieds Fl-8 Stocks C2-6 Television Advice 3 For the Record Buzz B3 Lotteries A2 Comics E4, 6 Obituaries B4, 5 Editorials AW Puzzles E6 INDEX Copyright 2005 The Star WEATHER Low 50 High 69 ill llqrji DV'53201 FAtTIT 1H f- a ruKUivi Add strength to your portfolio with a Liquid IRA i versify' CREDIT UNION (317)558-6299 www.forumcu.com 5a; Amtotp rrtd (APti Uwd Lfi 4 chvwKi rw fc (mww nay M.nmMtudU 00O Mlmwr 9 mnj fri ISti t1 mfM1" 000 itepol loan, fte rm juTwnt kmn Baa Actwm tm rm ml tea Ue OBw mmj SUyO to rfwngi nrtre Th rmft Iwtony nad hy Nwnmd Cm Unre fcmnmn.