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HOUGHTON -- Attorney Matthew Tingstad made three statements on behalf of American Legion Post 444 Friday morning.

He argued that the court did have jurisdiction to continue hearing their case--that the Post and roughly 2000 other establishments statewide should be exempt from Michigan’s smoking ban--and if it came down to it, the State had no constitutional right to regulate private property.

"Say I’m driving on my private property and texting, not wearing a seatbelt and speeding.  You can't prosecute me,” says Tingstad.  “There's no protection.  The state has never crossed the line of private property until this no smoking act.  The legislature has crossed the line now."

But Assistant Attorney General Darrin Fowler rejected that argument saying the Post is indeed public and has been since it obtained a food license in 2002.  Most importantly, he asked that the judge dismiss the plaintiff's claims and order a permanent injunction, barring any future smoking on the premises.

Western U.P. Health Department representative, Paul Strom, supported Fowler's request saying that Tingstad's multi-pronged argument proved the Post was "grasping at straws."

"The law has been approved in a constitutional fashion, with respect, and it should be honored and affirmed,” says Strom.  “The position of the defense should be granted."

Before the hearing ended, the judge made each lawyer clarify whether they felt he could dismiss the case, but still order a permanent injunction.  He promised to take all of their arguments into consideration and issue a written decision in the next few weeks.