MINNEAPOLIS, May 28, 2008—The Minnesota Department of Health has filed documents with Crow Wing County District Court in relation to a violation of the Freedom to Breathe Act at the Bird's Nest tavern in Garrison.

This is the third time the department has filed documents seeking an injunction against a bar that is allowing smoking as part of a so-called "theatrical performance."

The MDH requests the court to acknowledge that “theater nights” that have been held at the Bird's Nest violate the Freedom to Breathe Act. It also asks the court to order the bar to stop the smoking.

The MDH filed a similar injunction against the Bullseye Saloon in Elko, Minnesota. The judge in that case ruled in favor of the department's request for a temporary injunction.

Another request for a temporary injunction--against Bugg's Place in South St. Paul--will be heard in Dakota County Court on May 29.

The Minnesota Attorney General’s Office is representing the MDH in the lawsuits.

In the meantime, a spokesperson for the bar has said that it is no longer holding "theater night."