MINNEAPOLIS, May 15, 2008—The State of Minnesota has won a temporary injunction in its court case against the Bullseye Saloon of Elko, one of several taverns statewide that sought to sidestep the state's Freedom to Breathe law by staging 'smokers' theater' presentations.

The First District Court ruled that Bullseye Saloon's "theater" events do not qualify as legitimate exceptions to the law. And it has ordered the tavern, its agents, patrons, employees and anyone else involved to stop smoking indoors in violation of the law.

The ruling follows a hearing before Judge Abrams on May 8 at which attorneys from the Minnesota Attorney General’s Office, representing MDH, argued that theater nights were an attempt to circumvent the state’s Freedom to Breathe Act. Another hearing will be held soon on the department’s request for a permanent injunction.

The injunction constitutes a major direct victory for the Minnesota Department of Health and for Commissioner Sanne Magnan, M.D., as well as for the MMA and other health organizations that have been strong proponents of the law, and advocates for the health of employees and customers of businesses across the state.

The order was handed down by District Judge Jerome B. Abrams.