Following judge's advice to exhaust administrative remedies
BARAGA -- It's been several months since a Baraga County judge dismissed the lawsuit over Michigan’s Smoke Free Air Act, but now American Legion Post 444 is taking a step to reignite the fight.
The Post has requested that the Michigan Department of Community Health make a declaratory ruling about the interpretation of the anti-smoking law, particularly the exception made for casinos. Members believe the bar area should be exempt because it includes a pull-tabs machine, and the Post is licensed to conduct gaming.
The State has 180 days to respond. The Post doesn't expect a quick resolution but says this is an attempt to follow the judge's advice and exhaust all administrative remedies before bringing the case back to court.
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