The Volokh Conspiracy - "All The World's A Stage, And All the Men and Women Merely Players":

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 "Theatrical Performance and Satire Regarding the Minnesota Legislature and the Freedom to Breathe Act" and stated that smoking would occur during the performances. Officer Lionberger entered the bar, did not see anyone smoking, and left after a short time.

Officer Lionberger returned to the bar at approximately 2:55 p.m. After a few minutes, he saw that several customers were smoking cigarettes and wearing name tags that said, "Actor." Although the barroom includes a stage, none of the smokers was on the stage. Officer Lionberger did not see any indicia of a typical theatrical performance. Officer Lionberger testified that the customers wearing "Actor" name tags appeared to behave no differently than bar customers ordinarily behave except for the fact that they were smoking cigarettes....

The district court concluded that no "theatrical performance" occurred on March 14, 2008, notwithstanding the labels attached by Marinaro to his customers' conduct, and notwithstanding some superficial similarities between the customers' conduct and a genuine theatrical performance. The district court's conclusion is consistent with common definitions of key words in the act. The word "performance" is defined as a "presentation before an audience," The American Heritage College Dictionary 1034 (4th ed. 2007), or the "execution in a set or formal manner or with technical or artistic skill," Webster's New Int'l Dictionary 1818 (2d ed. 1946). The word "theatrical" is defined as "[of], relating to, or suitable for dramatic performance or the theater," The American Heritage College Dictionary 1428 (4th ed. 2007), or pertaining to "dramatic representations," Webster's New Int'l Dictionary 2617 (2d ed. 1946). In light of its findings of fact, the district court did not err in its interpretation of the theatrical-performance exception to the act's smoking ban.

The particular facts of this case do not present a close question because Gun SMOKE Monologues, in its objective manifestations, had little resemblance to a genuine theatrical performance....

For more, including the district court's reasoning (which the court of appeals largely endorses), see the opinion.

	[Eugene Volokh, July 14, 2009 at 7:06pm] Trackbacks "All The World's A Stage, And All the Men and Women Merely Players": 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 "Theatrical Performance and Satire Regarding the Minnesota Legislature and the Freedom to Breathe Act" and stated that smoking would occur during the performances. Officer Lionberger entered the bar, did not see anyone smoking, and left after a short time. Officer Lionberger returned to the bar at approximately 2:55 p.m. After a few minutes, he saw that several customers were smoking cigarettes and wearing name tags that said, "Actor." Although the barroom includes a stage, none of the smokers was on the stage. Officer Lionberger did not see any indicia of a typical theatrical performance. Officer Lionberger testified that the customers wearing "Actor" name tags appeared to behave no differently than bar customers ordinarily behave except for the fact that they were smoking cigarettes.... The district court concluded that no "theatrical performance" occurred on March 14, 2008, notwithstanding the labels attached by Marinaro to his customers' conduct, and notwithstanding some superficial similarities between the customers' conduct and a genuine theatrical performance. The district court's conclusion is consistent with common definitions of key words in the act. The word "performance" is defined as a "presentation before an audience," The American Heritage College Dictionary 1034 (4th ed. 2007), or the "execution in a set or formal manner or with technical or artistic skill," Webster's New Int'l Dictionary 1818 (2d ed. 1946). The word "theatrical" is defined as "[of], relating to, or suitable for dramatic performance or the theater," The American Heritage College Dictionary 1428 (4th ed. 2007), or pertaining to "dramatic representations," Webster's New Int'l Dictionary 2617 (2d ed. 1946). In light of its findings of fact, the district court did not err in its interpretation of the theatrical-performance exception to the act's smoking ban. The particular facts of this case do not present a close question because Gun SMOKE Monologues, in its objective manifestations, had little resemblance to a genuine theatrical performance.... For more, including the district court's reasoning (which the court of appeals largely endorses), see the opinion.