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BARAGA -- Since 80 percent of Michigan's population does not smoke, many were thrilled with the passing of the state's smoke-free act in May.  The law bans smoking at restaurants and bars.

But American Legion Post 444 in Baraga says taking away their cigarettes is taking away their freedom.

"Smoking is a legal activity," said Legion member Joseph O'Leary.  "Like it or not, tobacco is not heroin.  It is allowed as a legal activity and to prohibit it on private property, we think it's unconstitutional."

So what are they doing about it?  Well, they're ignoring it.  Members were lighting up at the post earlier today.  After years of battling for freedom, these veterans intend to continue doing just that.

"They're taking too many rights away nowadays, and the more they take away, the more they get away with it," said Legion member Paul Adams.

"They're just chipping away at so many things that we're not going to recognize America in another generation," added Legion member Michael Mleko.

In response, the health department has issued them a notice, and they're running out of patience.

"We respect their right to challenge it," said health officer Guy St. Germain.  "I do disagree, however, that this particular law is where they want to draw the line.  I think this law is clearly appropriate, and it's got positive aspects for everyone."

But the health department is taking it a step further since the Legion refuses to comply with the smoking ban.  They've ordered the Legion to stop serving food and beverage.

The Legion has also ignored that order, and they continue to provide full service and plan to take legal action.  But the health department is determined to put cigarettes out for good.  They've referred the issue to the state attorney general.