A judge has issued a temporary injunction prohibiting an Elko saloon from staging more "theater nights" to exploit a loophole in the statewide smoking ban.

Scott County District Judge Jerome Abrams granted the ruling at the request of the Minnesota Department of Health. A hearing will be held soon on the department’s request for a permanent injunction against the Bullseye Saloon.

The state’s Freedom to Breathe Act includes an exemption allowing smoking by actors as part of theatrical performances. Some bar owners have exploited that by holding "theater nights" when they declare that all their patrons and employees are actors and therefore entitled to smoke.

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On the Net:

The judge’s ruling is at: http://www.health.state.mn.us/news/pressrel/tobaccoruling051508.pdf