Judge Florey ruled against Tom Marinaro.

Hi All --I heard from the Duluth News Tribune this morning that Judge Florey ruled against Tom Marinaro. I haven't seen his order and memorandum of law yet, but here is the Tribune article:http://www.duluthnewstribune.com/articles/index.cfm?id=67468I will review his decision and then determine what legal issues will be ripe for appeal.Our show goes on.-- Mark Benjamin

http://www.duluthnewstribune.com/articles/index.cfm?id=67468&section=News
Judge: Babbitt smoking 'plays' don't exempt bar from lawJanna Goerdt Duluth News TribunePublished Thursday, May 29, 2008 The acting going on in a Babbitt bar this winter wasn’t of the caliber to exempt the actors from the state smoking ban, according to a Sixth Judicial District judge.
Chief Judge James Florey ruled Wednesday that Tank’s Bar owner, Thomas Marinaro, violated the state’s Freedom to Breathe act when he allowed bar patrons to smoke during nightly productions of the “Gun SMOKE Monologues.”
It was the first criminal trial in Minnesota for the controversial theatrical productions that many bar owners started staging, taking advantage of a loophole in Minnesota’s smoking ban legislation. Patrons would wear nametags or other items identifying themselves as “actors” and were allowed to smoke indoors during certain hours.