Babbitt bar owner plans to fight fine for 'theater night' smoking

Updated: March 16, 2008 - 11:18 PM

He proudly framed his citation for holding the event; his lawyer says he'll argue that the theatrical production clause in the law is unconstitutionally vague.

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BABBITT, MINN. - A bar owner in Babbitt who was cited for hosting a "theater night" to get around the statewide smoking ban says he'll fight the citation in court.

Tom Marinaro proudly framed his citation -- which his attorney says is the first one issued in connection with "theater night" -- and hung it on the wall at Tank's Bar.

Babbitt police gave Marinaro the $300 petty misdemeanor ticket on Friday.

Tank's Bar, like other bars in the state, has hosted "theater night" to get around a law that bans smoking in workplaces, including taverns and restaurants. A loophole in the law allows actors to smoke as part of a theatrical production, so several bar owners have hosted performances so patrons can smoke indoors.

Marinaro's attorney, Mark Benjamin, said he'll argue that the theatrical production clause in the law is unconstitutionally vague.

Marinaro said the smoking ban cut his business by 30 percent. Business has improved since Tank's Bar began holding performances of "Gunsmoke Monologues" starting at 3 p.m. every day.

The Minnesota Department of Health addressed theater nights on March 5, saying bars hosting such nights are violating the spirit of the ban.

ASSOCIATED PRESS