STATE v. MARINARO

No. A08-0972.

768 N.W.2d 393 (2009)

STATE of Minnesota, Respondent, v. Thomas Eugene MARINARO, Appellant.

Court of Appeals of Minnesota.

July 14, 2009.


Attorney(s) appearing for the Case

Lori Swanson, Attorney General, St. Paul, MN; and Michael K. Kearney, Colosimo, Patchin, Kearney & Brunfelt, Ltd., Virginia, MN, for respondent.

Mark W. Benjamin, Criminal Defense, P.A., Cambridge, MN, for appellant.

Considered and decided by PETERSON, Presiding Judge; CONNOLLY, Judge; and JOHNSON, Judge.


OPINION

JOHNSON, Judge.

The Minnesota Clean Indoor Air Act prohibits smoking in numerous indoor public places, including bars and restaurants. But the act makes an exception for actors and actresses while they are engaged in theatrical performances. Thomas Eugene Marinaro, the proprietor of Tank's Bar in the city of Babbitt, sought to invoke that exception by organizing an event at which participants smoked cigarettes in his bar. Police officers visited...

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