MOUNT CLEMENS (AP) – A judge says parts of Michigan’s smoking ban are “confusing” and has tossed out a fine levied against a bar owner who claimed patrons should be allowed to smoke in his establishment as they can in Michigan’s casinos.

Macomb County Circuit Court Judge Edward Servitto, however, denied the bid by Sporty O’Toole’s owner Boyd Cottrell to have the smoking ban declared unconstitutional.

Servitto on Monday noted the “confusing language” of the law as a reason for throwing out the fine.

Cottrell says the ban is unfair because it prohibits people from lighting up at bars that offer Keno and other wagering games.

The county filed a complaint against Cottrell in November ordering him to pay a $500 fine – his second offense. The county says the ruling is a setback.

(Copyright 2011 by The Associated Press.  All Rights Reserved.)

Comments (4)
  1. manny orozco says:

    I support the ban only if it applies to the casino’s also.The closest competition is Windsor not the Indian casinos.How can you say a private club like the Elks or VFW can’t smoke but a public place that benefits state and city government can.Total ban or done at all is constitutional under equal protection amendment.

  2. LugNut says:

    It should be left totally up to the owner of the establishment. The only mandate should be that if an establishment allows smoking; that it be posted as such at the entrance of the business.

  3. Richard Robb says:

    I support LugNuts opinion. The only reason the casinio’s got away with it, was because of money. Plain and simple. Think about it.

  4. marcy says:

    you can complain about it, or take a different stance and find a place to celebrate!1 like Got Rocks tomorrow afternoon –

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