State sues bar over smoking ban loophole

The Minnesota Department of Health is going to court to stop a Scott County bar that's been permitting smoking under an apparent loophole in the state's smoking ban.

The health department wants the court to declare the "theater nights" being held at the Bullseye Saloon in Elko violate the smoking ban. And it wants the court to order the saloon to comply with the law. A hearing is set for April 30th.

Minnesota Health Commissioner Sanne Magnan said this is the department's first trip to court to enforce the smoking ban.

"Our philosophy has always been to inform and educate and work to seek compliance and over 99 percent, well over 99 percent, of establishments are complying with the law. But there are a couple of handfuls that are choosing not to comply with the law and this is the next step in enforcement for us," Magnan said.

The state's Freedom to Breathe Act contains an exception for actors in theatrical performances.

Several bars across the state have tried to take advantage of that. They maintain they're holding theatrical performances and that their patrons are actors and actresses and therefore entitled to smoke.

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