From People v. Marinaro (Minn. Ct. App.) (some paragraph breaks added):
The Minnesota Clean Indoor Air Act prohibits smoking in numerous indoor public places, including bars and restaurants. But the act makes an exception for actors and actresses while they are engaged in theatrical performances. Thomas Eugene Marinaro, the proprietor of Tank’s Bar in the city of Babbitt, sought to invoke that exception by organizing an event at which participants smoked cigarettes in his bar….
On March 14, 2008, the Babbitt Police Department conducted an investigation of reports of unlawful smoking at Tank’s Bar after receiving complaints. Police Chief Terrance Switajewski sent Officer Trevor Lionberger to the bar in plain clothes to investigate. Officer Lionberger arrived at the bar at approximately 1:00 p.m. He saw a sign on the door stating that a theatrical performance of Gun SMOKE Monologues would occur every day, beginning at 3:00 p.m. and continuing until closing time. The sign described Gun SMOKE Monologues as a