MOUNT CLEMENS (AP) -- A judge says parts of Michigan's smoking ban are "confusing" and has tossed out a fine levied against a bar owner who claimed patrons should be allowed to smoke in his establishment as they can in Michigan's casinos.
Macomb County Circuit Court Judge Edward Servitto, however, denied the bid by Sporty O'Toole's owner, Boyd Cottrell, to have the smoking ban declared unconstitutional.
Servitto on Monday noted the "confusing language" of the law as a reason for throwing out the fine.
Cottrell says the ban is unfair because it prohibits people from lighting up at bars that offer Keno and other wagering games.
The county filed a complaint against Cottrell in November ordering him to pay a $500 fine, his second offense. The county says the ruling is a setback.
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