MINNEAPOLIS, June 2, 2008—St. Louis County Judge James Florey has ruled  that Tank's Bar in Babbitt broke the law when it allowed customers to smoke under a loophole in the Freedom to Breathe Act passed last October.

The law does allow the use of tobacco in genuine theatrical productions, but Judge Florey ruled that that loophole does not give bar owners the right to put on phony plays to permit customer smoking.

The judge fined Tank's Bar owner Tom Marinaro $300.

Marinaro's attorney, Mark Benjamin, says he may appeal the decision, but in the meantime the theatrical sideline at Tank's will cease.

Earlier this month, a Scott County judge issued a temporary injunction prohibiting an Elko saloon from staging more "theater nights."

A third case, involving a tavern in Garrison, is yet to be decided.