Post 444 still believes they should fall under gambling exemption
BARAGA -- The Baraga American Legion hasn't wasted any time making its next move.
A motion for a clarity hearing was filed in response to Monday’s order granting a preliminary injunction to ban smoking for the duration of its lawsuit.
While numerous no smoking signs are now posted on entrances and exits leading to the building’s back hall and kitchen areas, smoking continues by the bar.
The Post still believes this area - which includes a gambling machine - is exempt under the same exception made for Detroit casinos.
Until the judge says otherwise they aren't putting away all of the ash trays.
“Courts give the legislature wide, wide discretion in how to adopt laws, even laws the courts may think are foolish,” says Post 444 spokesman Joseph O’Leary. “We still think we have a good argument. We lost one battle but the war goes on.”
The clarity hearing was originally scheduled to take place Wednesday at noon but because of the short notice it will be rescheduled for a later date.
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