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Old 10-22-2010, 07:35 AM   #1
Herf God
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Location: Metairie, LA
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Baraga, Michigan: Judge Bans Smoking at American Legion

This link to the Upper Michigan Source has a poll, as well. We need to vote. Basically a judge in Baraga Michigan has banned smoking at the American Legion hall. See the article for details.

In a six-page order explaining his decision, Goodman finds the State is more likely to prove its case as "passed laws are presumed constitutional" and that the "Legislature has the authority to pass which limit people's exposure to health hazards."

The decision also required Goodman to weight the harm to the Post in granting the injunction versus the harm to the public in not granting the injunction.

Goodman decided there was more harm in not granting the injunction, because "harm to the public is presumed when a law, which has been properly enacted, is not followed," and what's more, not granting the injunction could cause more businesses or groups to violate the law.

Goodman's order is effective immediately.

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American Legion, anti-smoking, anti-tobacco legislation, Judgements, Judicial Fiat, Michigan, smoking ban, smoking bans, smoking indoors
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