Smoking ban foes await ruling

03/23/2005

Anthony Lonetree, Star Tribune
March 23, 2005

A judge Tuesday promised quick action on a challenge to smoking bans set to begin March 31 in Minneapolis, Bloomington and Hennepin County.

After a 70-minute-plus hearing, Hennepin County District Judge John Q. McShane said he would act “expeditiously” on a temporary restraining order sought by a coalition of bars and private clubs.

Ryan Pacyga, an attorney for the establishments, which include Stub & Herb’s in Minneapolis and VFW and American Legion posts in Bloomington, said the state Legislature did not specifically authorize local governments to enact more stringent anti-smoking requirements than provided for under the Minnesota Clean Indoor Air Act of 1975.

McShane noted, however, that the state attorney general’s office has issued an opinion that state law allows for tougher local measures.

Under state law, restaurants must designate at least 30 percent of their space for nonsmoking patrons; bars that seat fewer than 50 people can allow smoking throughout their establishments.

A smoking ban also takes effect March 31 in Ramsey County, but it allows establishments that make more than 50 percent of their income from alcohol sales to seek exemptions.

During Tuesday’s hearing, Bloomington City Attorney David Ornstein, referring to the 1959 Platters hit “Smoke Gets In Your Eyes,” said that while at one time smoke evoked romance, it was clear today that the need to reduce the public health dangers of second-hand smoke outweighed any concern over potential business losses.

Pacyga said private clubs could be hit hard. VFW Post 1296 in Bloomington could lose its bingo operator to another establishment that allows smoking, erasing more than $100,000 in gambling revenues and jeopardizing the club’s future, he said.

Tuesday’s hearing was attended by more than 40 people, many of them veterans, but only attorneys for the clubs, cities and county spoke.