Bar violated smoking ban by misusing acting loophole

Categories: Notable MN
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Photo by Filipe Dâmaso Saraiva
A Babbitt, Minn. bar thought they were clever when they had bar patrons war "Actor" badges so they could smoke in the bar under the theatrical production loophole in the Minnesota smoking ban.

Unfortunately they were outsmarted and the Minnesota Court of Appeals says they violated the state's ban. Tank's Bar had "theater nights" so that "actors" could smoke during their "theatrical production".

More from the Associated Press:
But a St. Louis County judge ruled in May that wearing a badge that says "Actor" doesn't make it a theatrical production. On Tuesday, the appeals court agreed.

In its decision, the appeals court says "Gun SMOKE Monologues" was not real, but a sham.

Bar owner Tom Marinaro had wanted the court to offer a definition of "theatrical performance," but the court declined, saying it wouldn't discuss hypothetical situations.

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