Hanging up a playbill and calling your customers actors in order to puff a few cigarettes might not be the loophole some bar owners believed it to be.

The Minnesota Department of Health announced Wednesday that "theater nights" being held in bars do not fall within the theatrical production exemption of the Freedom to Breathe Act.

The Freedom to Breathe Act bans indoor smoking in workplaces, including bars and restaurants. The bill, which went into effect October 2007, includes an exemption allowing smoking by actors and actresses as part of a theatrical performance. Some bar owners have claimed the right to declare that all activity in their establishments is part of a "theatrical performance," declaring employees and patrons are "actors and actresses."

After seeking legal advice, MDH determined "theater nights" are not protected by the exemption and the department has the authority to take enforcement action if the activity is an attempt to allow smoking in violation of the law.

"These bars are attempting to circumvent the Freedom to Breathe Act," Minnesota Commissioner of Health Dr. Sanne Magnan said. "The law was enacted to protect Minnesotans from serious health effects of secondhand smoke. We expect all establishments to comply with the law. It is time for the curtain to fall on these theatrics so that employees, and all Minnesotans, are protected from secondhand smoke."

MDH is responsible for ensuring compliance with the Minnesota Clean Indoor Air act. The department has the authority to levy fines up to $10,000 on establishments that fail to comply with the law.