Baraga judge bans smoking at Post 444

Posted: 10.18.2010 at 1:08 PM

Decisions cites harm to the public in not granting injunction

BARAGA -- Smoking has been officially banned at the Baraga American Legion.

Judge Charles Goodman granted the preliminary injunction late Monday morning requiring Post 444 to comply with the State's Smoke Free Air Act pending the outcome of their legal proceedings.

In a six-page order explaining his decision, Goodman finds the State is more likely to prove its case as "passed laws are presumed constitutional" and that the "Legislature has the authority to pass which limit people's exposure to health hazards."

The decision also required Goodman to weight the harm to the Post in granting the injunction versus the harm to the public in not granting the injunction.

Goodman decided there was more harm in not granting the injunction, because "harm to the public is presumed when a law, which has been properly enacted, is not followed," and what's more, not granting the injunction could cause more businesses or groups to violate the law.

Goodman's order is effective immediately.

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