Arguments in Smoke-Free Act Lawsuit Denied by Court;
Suit Against Health Department Dismissed

 

In a ruling issued December 23rd Judge Charles Goodman, Judge for Circuit Court in Baraga County, denied the request of the Baraga American Legion Post for summary disposition in their favor, and granted the request of Western U.P. Health Department and Michigan Department of Community Health for summary disposition of the case.  Additionally, the court issued an injunction requiring the Legion to comply with the provisions of Michigan’s Smoke-Free Air Act.

 

In August, the Baraga American Legion filed suit against Western U.P. Health Department and Guy St. Germain, its health officer and executive officer, alleging that the health department’s enforcement actions and the Smoke Free Air Act itself were unconstitutional.  Michigan Department of Community Health entered the proceedings as co-defendant because of the state-wide implications of the case.  The court issued an injunction requiring the legion to obey the law in October.

 

At a hearing in December, the legion brought up a new claim, arguing that they are exempt from the law under the casino exemption.  They stated they qualify as a casino because they have a pull-tab machine.

 

In the ruling, Judge Goodman said that the casino exemption issue is not yet applicable for the court, since the legion is required to first seek an administrative ruling from Michigan Department of Community Health on their assertion, thus denying the request to find in their favor.

 

Guy St. Germain stated that the ruling and the injunction is a victory for the health department and for people in the state.  “In issuing his injunction, the judge supported the concept that the Smoke Free Act is a proper function of public health laws, aiming to minimize the public’s exposure to a harmful substance”, he said.  “This ruling is one more step in support of the concept public health has long asserted: that indoor smoking bans are not about limiting a smoker’s private habit, but about preventing second-hand smoke from harming others,” he said.