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UP judge dismisses Legion post smoke ban challenge

Baraga, Michigan (AP) January 2011

An Upper Peninsula judge has dismissed a suit by an American Legion post challenging enforcement of Michigan’s ban on smoking at its bar.

Baraga County Circuit Judge Charles Goodman issued the ruling last week against the Foucault-Funke Post 444 in Baraga. The post says it should be exempt under a casino exemption because its patrons play pull tab games.

The judge also made permanent an injunction he issued in October giving the state Department of Community Health power to enforce the ban at the post.

Post Commander Rick Geroux has said the ban will seriously harm the post by sending smoking customers to competing taverns owned by Indian tribes exempt from the ban.



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