As I predicted in my earlier articles, this is an UN-CONSTITUTIONAL LAW and it would be challenged. Read Is Michigan's New Smoking Ban Constitutional??? and Smoke Free Michigan Takes Effect Today
The jurors have the power to ignore the court's instructions and bring in a not guilty verdict contrary to the law and the facts. Horning v. District of Columbia, 254 U.S. 135, 138 (1920).
Carole "CJ" Williams
September 1, 2010
Baraga American Legion refuses to surrender property rights
The Preamble to the Constitution of the American Legion states: “For God and Country we associate ourselves together for the following purposes: To uphold and defend the Constitution of the United States of America; to maintain law and order; to foster and perpetuate a one hundred percent Americanism; to preserve the memories and incidents of our associations in the Great Wars; to inculcate a sense of individual obligation to the community, state and nation; to combat the autocracy of both the classes and the masses; to make right the master of might; to promote peace and good will on earth; to safeguard and transmit to Posterity the principles of justice, freedom and democracy; to consecrate and sanctify our comradeship by our devotion to mutual helpfulness.”
While one might think that upholding all state laws would fit with the American Legion purposes, that isn’t the case with Foucault-Funke Post 444 in Michigan’s tiny Upper Peninsula (U.P.) community of Baraga.
On May 1, 2010 a new state law went into effect outlawing smoking in all business places that serve food and/or hire help, including bars, restaurants, private clubs and establishments owned by veteran oganizations. It was then that the Baraga American Legion drew a line in the sand and let it be known that Post 444 would allow its patrons to light up indoors until ordered by a court not to do so.
The Western Upper Peninsula Health Department (WUPHD) is charged with enforcing the no-smoking law in a five-county area. Because Post 444 has openly defied the smoking ban, an Order to Cease Food Operation was issued by WUPHD Executive Director Guy St. Germaine on July 20. It cited the Post as creating a substantial hazard to public health.
Post 444 countered by filing a lawsuit in Baraga County Circuit Court on Aug. 6 to strike down as unconstitutional the law banning indoor smoking. Guy St. Germain and WUPHD are named as defendants. FULL STORY