L'ANSE -- Smoking at the American Legion Post 444 will continue for now as a Baraga County judge decides whether or not to grant the state's request for a preliminary injunction.          

A hearing was held Wednesday afternoon but before any of the lawyers had a chance to speak post members and supporters were making their case outside the courthouse.    

The group stood in peaceful protest, not saying much, but their message was clear.

"We fought for this country so everyone has freedom, but where's ours?" asked Mike Whitty.

The group moved into the circuit courtroom as the hearing began with Assistant Attorney General Darrin Fowler comparing the smoke-free act to a change in a highway speed limit, calling the ban a new status quo.

"Law abiding citizens adjust their conduct to fit a change in the law," Fowler says.  "People know if you don't abide that change you'll be punished for a violation."

Attorney Paul Strom - representing the Western U.P. Health Department - supported the state's request and claim that the injunction should be granted to prevent "irreparable harm" to patrons.

"The battle, your Honor, as we see it from the Health Department, is to fight cancer," Strom says.  "The battle is to honor the law and work within the law to change the law, but not to violate the law."

The Post's attorney Matthew Tingstad had the last word saying simply there are no legal grounds to grant the preliminary injunction and requesting the judge not make any rulings before hearing the merits of their case.

"An unconstitutional law can't be violated," said Tingstad.  "A law that is void doesn't apply.  That's exactly what Post 444 is fighting here."

Fowler and Tingstad also argued whether or not the post should be exempt under the same exception made for Detroit casinos. 

The judge said he'd need more time to look over documents and will issue a written decision at a later date.