State says smoking ban applies to bar at White Earth

Monday, October 22, 2007  

The state of Minnesota says its smoking ban applies to a bar on the White Earth Ojibwe Reservation.

The bar is located in the city of Callaway, which sits entirely within reservation boundaries. But since the bar is not owned by the tribe or a tribal member, the state says it has jurisdiction.

The issue is somewhat complex. Minnesota is a Public Law 280 state, so the state has civil and criminal jurisdiction at White Earth.

But the courts have ruled that the state can only enforce laws of a "criminal/prohibitory" nature, not of a "civil/regulatory" nature. Added to the mix is the fact that the tribe has issued a tribal gaming license for the bar.

"It is almost a law school examination question, that the competing jurisdiction of the tribe and the state is highly unusual in this particular situation," Mark Jarboe of the Dorsey & Whitney law firm told the Associated Press.

Minnesota's Health Department plans to enforce the ban at the site. A formal opinion is being drafted by the state attorney general's office.

Get the Story:
Does state smoking ban apply to bar on tribal land? (AP 10/22)

$rl White Earth Tribal Council - http://www.whiteearth.com/home.html