Acting Smokers

November 2, 2011

  • 149E Environmental Law
  • 149EXIV Criminal Responsibility
  • 149Ek738 Offenses
  • 149Ek744 k. Air Pollution.

149E Environmental LawCustomers of defendant’s bar were not smoking in the bar as part of a “theatrical performance,” and thus the theatrical-performance exception to the statutory prohibition of smoking in a public place did not apply so as to prevent a conviction for allowing smoking in a public place, even though defendant argued that his smoking customers, who wore name tags that stated, “Actor,” were engaged in a form of improvisational theater in which actors perform without a script; the alleged performance had no costumes or director, did not take place in an area set apart from the general bar area, and, except for the name tags, was indiscernible from the general activities in the bar before the smoking ban took effect.
State v. Marinaro, 768 N.W.2d 393 (Minn. Ct. App. 2009)
Suggested by Chris Harwood, Staff Attorney; Kentucky Court of Appeals; Burlington, KY