Scott County saloon asked to butt out

Associated Press

Last update: April 11, 2008 - 11:22 PM

The Minnesota Department of Health on Friday asked for a court injunction against a Scott County bar that is using a smoking ban loophole to allow patrons to puff away by posing as actors.

The case is the first the department has brought over a statewide prohibition against smoking in bars, restaurants and other businesses. The agency wants a district judge to declare the "theater nights" being held at the Bullseye Saloon in Elko violate the smoking ban.

The law, which took effect in October, contains an exception for actors in theatrical performances. Several bars across the state have tried to take advantage of that by staging mock plays in which patrons and employees were deemed actors.

"We're down to a couple handfuls of establishments that are choosing not to comply with the law despite being given numerous opportunities to," Health Commissioner Sanne Magnan said.

The law gives the health department power to fine rogue businesses up to $10,000.

Owner Robert Ripley said Friday that his bar is merely "taking advantage of an exception they created," referring to legislators who wrote the law.

A hearing is set for April 30.

ASSOCIATED PRESS