NEW COURT DATE TO COME: Smoking Ban court case of State of Minnesota v. Tom Marinaro no longer set for Monday, April 28, 2008 at 3:30 p.m..

MARK W. BENJAMIN
Criminal Defense, P.A.
237 Second Avenue SW, Suite 111
Cambridge, MN 55008
763-691-0900 (office)
763-670-9664 (mobile)


Press Release

NEW COURT DATE TO COME: Smoking Ban court case of State of Minnesota v. Tom Marinaro no longer set for Monday, April 28, 2008 at 3:30 p.m. at the St. Louis County Courthouse in Virginia, Minnesota.

The above-entitled case was originally set for oral argument on the legality of Minnesota’s smoking ban, specifically regarding the “theatrical productions” exception. Prior to such argument, stipulated facts were to be submitted to the court.

Unfortunately, the prosecution and defense have been unable to stipulate to the facts. For that reason a court trial will be necessary to establish what occurred at Tank’s Bar on the afternoon of March 14, 2008 in the City of Babbitt, Minnesota.

The St. Louis County clerk of court has directed the prosecution and defense to engage in a scheduling conference by telephone on April 30th at 8:10 a.m. A new court date will be assigned at that time.

At the court trial, the defense will seek to establish the necessary facts to show that Mr. Marinaro’s conduct fell within the “theatrical productions” exception to Minnesota’s smoking ban and, for that reason, he cannot be found guilty.

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