MINNEAPOLIS, March 17, 2008—Minnesota issued its first two citations Sunday night to a Babbitt bar owner and a customer for smoking indoors at a so-called "smokers' theater" performance.

The men were cited for failing to comply with the Freedom to Breathe Act, which bans smoking in the workplace. The MMA was a strong proponent of the act.

According to a Duluth television report, the bar owner, Tom Marinaro, knew a citation was coming -- the Babbitt police chief phoned ahead and warned that officers were coming to his place.

The Minnesota Department of Health last week stated that the "theatrical" loophole was bogus and would not prevent enforcement of the law, which one poll shows is supported by 76 percent of the Minnesota population.

Unrepentant, Marinaro posted the citation on the wall, laminated, for all to see.

"I told the Chief we're going to keep doing it until our court date in April," he said.

The Babbitt police chief said the citation is only a petty misdemeanor and he does not expect the bar to lose its license.

WDIO-TV Eyewitness News story