Judge rules on 'theater night' at Bullseye Saloon
Jump to full article: Saint Paul (MN) Pioneer Press, 2008-05-16
Author: Jason Hoppin
Intro: The show must not go on.
Questioning their validity and citing the risk of harmful cigarette smoke, a Scott County judge has halted an Elko bar's ongoing "theatrical performances," which exploited a loophole in a statewide ban on smoking in bars and restaurants.
"The narrow exception (in the Minnesota Clean Indoor Air Act) to allow indoor smoking in Minnesota does not inhibit expression of protected speech, nor does the statute grant authority to bar staff and customers an excuse for smoking in the bar," District Judge Jerome Abrams wrote in a 21-page order released Thursday.
Brought by the state Health Department against the Bullseye Saloon, the case was the first of its kind in Minnesota. But whether the ruling persuades all bars to end the so-called smoking "performances" remains to be seen. . . .
But he also seized on a footnote in the ruling speculating that some performances may fit within the statewide ban and that they may be considered on a case-by-case basis.
"I think we're going to start writing our own scripts," Ripley said.
Jump to full article » |