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HOUGHTON -- There'll be no more smoking at American Legion Post 444--at least until an amended complaint can be filed and heard before the court.

A last minute clarity hearing was held Thursday morning in a Houghton courtroom, and that's when the post's lawyer made that promise to the judge.

"There’ll be no more smoking at the Legion until further order of this court," said Attorney Matthew Tingstad.

It wasn't the outcome Post 444 or Tingstad had hoped for.

He began the hearing by telling Judge Charles Goodman that the post's gaming area was clearly exempt from the smoking ban under the same excemption made for Detroit casinos.

Goodman immediately interrupted this claim, asking, “If that’s true, why are we here?”

"When I read the motion for clarification, I was under the impression that you didn't understand the order,” said Goodman.  “You do understand the order, but you're saying, ‘Judge, the law doesn't apply to us.’"

Opposing counsel, Paul Strom, called the casino defense 'ridiculous' as he spoke on behalf of the Western U.P. Health Department.  And Assistant Attorney General Darrin Fowler, who appeared by phone, said they were being generous by not requesting the post be held in contempt of court.

But Post Commander Rick Geroux wasn't feeling much gratitude.

"Personally, I’m not a smoker, but I feel the property issue is what's at stake here,” said Geroux.  “I sort of feel like a citizen of Nazi Germany because that's where they started with stopping smoking."

For now, the cigarettes are going out, and both sides are gearing up for a good fight.

"Come early December, we'll be back in court in Baraga to bring forth a sure winner for Post 444 to continue smoking," Tingstad said.

"We’re pleased with the court's ruling that they must comply with the law,” said Strom.  “They're not allowed to continually disobey it."