Thursday, July 14, 2011

Governor Dayton caves?

I posted on http://www.powerlineblog.com/archives/2011/07/dayton-caves.php


Minnesota expects to receive nearly $320 million in tobacco payments in FY 2012-13.
http://www.tcdailyplanet.n​et/blog/scott-russell/toba​cco-bonding-would-borrow-o​ur-future

Gov Dayton proposes "borrowing" $700 million from future tobaccos settlement revenue. If it is a true loan the interest rate will be relatively good but that will add to the potential liability of the state of MN. 

If sold as a future "securitization" with no future liability to MN (a "clean sale") the rate of return will be fairly low. (think of selling bad debt). The future payments depend on mostly "big tobacco" remaining solvent businesses and people continuing to smoke primarily "big tobacco" brands.

Maybe, maybe not. Off brand and "bootleg" cig sales are growing as part of market share, abet slowly. The original master settlement had some odd provisions. In one non-settlement ("small") tobacco could join. If they didn't they would need to escrow 150% of the payment in case their are any future claims against them. The original tobacco litigation is based on the idea that cig sellers deceived the public about the dangers of smoking. It's hard to see how new ("small") tobacco is doing this.

Of course, if new/small tobacco doesn't have the settlement surcharge they potentially have a price advantage over "big tobacco". It is slow but legal challenges are slowly making their way up the court ladder. Basically, the tobacco settlement is not the best future revenue stream.

If you in the mood to read here is an explanation of tobacco securitization Iwrote two years ago.
http://freedomtoact.blogsp​ot.com/2009/02/redrant-pro​posed-minnesota-tobacco.ht​ml

Monday, July 19, 2010

Government Wants Your Individual Obesity Rating By 2014

Redrant: A blatant strategy to tax the middle class: Basically the government under Obamacare will establish a "ideal BMI" or "fat rating and add a surcharge to Obamacare health care based on means testing or "ability to pay". Anything from a "income tax" to an "asset tax" surcharge based on your weight. If your low income, have no assets or depend on "welfare" or social security minimum there will be at most token surcharges, maybe a couple of dollars a month. If your middle class, a property owner and of higher income but happen to be fat you will get a large "means tested" surcharge on Obamacare mandatory medical services. It is a way to strip wealth from those with assets. Obamacare will be mandatory so you cannot opt out of coverage. Past health and not needing medical care (a key factor in statistically predicting the future medical use) will not be allowed as factors due to "community ratings". Basically a socialist ploy to strip wealth from the middle class who worked and saved. Greg Lang

Government Wants Your Individual Obesity Rating By 2014


Submitted by KC Kelly Ph.D. on 2010-07-16

All Americans, by 2014 will be required to have an individual obesity rating electronically recorded. It has been determined that under the new health stimulus law passed by President Barack Obama recently, that all Americans, by 2014, will be required to have electronic health records which will include their height, weight and body mass index (BMI).

BMI is a formula that calculates ones body measurements, including height and weight, in order to come up with an individual obesity rating. Calculation of BMI is the preferred method of the Centers for Disease Control and Prevention (CDC) for measuring obesity and coming up with an obesity rating, which is the measure of a person’s body fat percentage.

Regina Benjamin, the U.S. Surgeon Genera stated that according to the CDC, “BMI provides a reliable indicator of body fatness for most people and is used to screen for weight categories that may lead to health problems.”

America has been criticized for being a nation that actually promotes obesity and hence leads American's to have health issues. The new health regulation also stipulates that the electronic records, including BMI will be able to quickly send individual health records as public health data to state and federal health agencies such as the HHS and the CDC.

The new obesity-rating regulation will be enforced in every American's electronic health record. The regulation states that it must, “Calculate body mass index. Automatically calculate and display body mass index (BMI) based on a patient’s height and weight.” In addition, these electronic health records will be available for viewing on a national exchange. Seems a bit invasive, say many, but there will be security measures in place on these electronic records to try to help with privacy.

The 2009 economic stimulus law, already in place, has made some additions. The most major; this new regulation and requirement for obesity ratings within electronic records. This is the government's first step towards adopting a new universal requirement for electronic health records (EHRs) by 2014.

Secretary Kathleen Sebelius and Dr. David Blumenthal, the National Coordinator for HealthInformation Technology for Health and Human Services (HHS), shared on Tuesday that under the stimulus law, health care providers, including doctors and hospitals, must establish "meaningful use" of EHRs by 2014 in order to qualify for federal subsidies. If they do not comply, they will risk getting penalized in the form of diminished Medicare and Medicaid payments.

As outlined in Section 3001 of the stimulus law, it reads, "The National Coordinator shall, in consultation with other appropriate Federal agencies (including the National Institute of Standards and Technology), update the Federal Health IT Strategic Plan (developed as of June 3, 2008) to include specific objectives, milestones, and metrics with respect to the following: (i) The electronic exchange and use of health information and the enterprise integration of such information.‘‘(ii) The utilization of an electronic health record for each person in the United States by 2014."

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Monday, May 31, 2010

Comments on Milwaukee getting a bar smoking ban.


Redrant: I am Greg Lang of Minneapolis, Minnesota. I started the website http://FreedomToAct.com as part of an effort to revise the Minnesota Statewide bar smoking ban using the "smoking in theater performances" clause. Before that I made a futile effort against the Minneapolis smoking ban. Financially, I have no axe to grind here.

I will be 60 in a few months and quit smoking when I was around 20. You might say that like Garth Brooks, "I have friends in low places". I tended to frequent bars that, before the ban tended to have a large percentage of smokers. Cheap drinks and working class people. I did find second hand smoke mildly annoying but only mildly so.

My father, who died a month short of eighty-five smoked a pack a day of Pall Mall straights since he was a teenager. This annoyed me more than the bar smoking. He liked going to restaurants with me and lighting up in the smoking section. This did make me uncomfortable because the restaurant smoking was imposing on other people.

At the time of the smoking ban my regular bar was the Poodle Club in Minneapolis. In my zip code but not the closest bar. (The Poodle became McMahons, where the tragic upstairs fire not related to the bar killed six on Good Friday of this year.)

Before the Minneapolis 2005 ban the Poodle had a thriving subculture. They opened a couple of hours before alcohol sales were allowed for breakfast. Lots of City and trades trucks. Not slacking or drinking but gathering for breakfast and planning the day. If someone needed some "trades" work they could often find it there in the AM.

Midday, the retirees would come in for the food specials, often "blue-hairs with their husbands". Usually this would not involve alcohol. It was a chance for local pensioners to get out at low cost.

Next there was the "happy hour" with a free buffet. This was something like a downscale "Cheers". At the Poodle it was a bit like Chumley's of "86" fame where you would have a wide variety of people come in for happy hour. During the nighttime there were drink specials, Karaoke and bands depending on the night. It did get smoky with good weekend bands but I could tolerate that. On September 11, 2001, after the World Trade Center attack the Tuesday Karaoke had a full house. Like myself, everyone there had watched too much TV and wanted to get around other people. Not exactly rational. There were a lot of rumors that the "other foot" would be attacks on Americans in crowds. This was a real concern in Minneapolis which had/has the largest Islamic refugee immigrant population in the US. There were a number of police calls about these people we were celebrating the 911 attacks but these never made it from the police blotter to the news. Not "Politically correct".

Anyway, the 2005 Minneapolis bar smoking ban was like a tsunami to this subculture. You could still smoke in St. Paul and other counties for a while so there was border crossing by the hard smokers. More importantly, even with the Minneapolis ban starting in summer, it broke the pattern with the smokers having to go outside to smoke.

Before the Autumn 2008 stock market crash everything connected with the building "trades" was booming. People in the "trades" were making very good money with lots of overtime. Blue collar/neighborhood bars like the old Poodle Club catered to them and dirty clothes usually meant they had money to spend.

The Minneapolis situation was complicated by the ban being only local to Minneapolis and Hennepin County. The 2005 Minneapolis ban started in the springtime. We had a long warm autumn lasting into early December 2005. Then a very nasty cold spell. This causes a dramatic drop in business at many "blue collar" bars, especially those without smoking shelter set ups. A prime example was Whiskey Junction on the Minneapolis West Bank. Basically a "biker bar" with music but adjacent to a station for the then new Minneapolis light rail. Whiskey Junction was around 80% smokers. Once the cold spell hit business went down almost to zero. I talked to a number of former patrons and they all said it was lack of a smoking shelter. The Joint/Cabooze next door had this set up.

When charitable gambling "pull-tabs" started in Minnesota at least a decade before the ban City Pages weekly had an article that said "Where the bathrooms smell really bad, the pull-tab business will be very good". Somewhat overstated but "pull-tabs" and similar charitable gambling in bars tends to be in bars with a high percentage of smokers. (Again, I want to emphasize that especially before the October 2008 crash, many smokers had a high disposable income, especially with construction booming then.) As part of the Minnesota statewide smoking ban a study of the effect on charitable gambling was ordered. For areas first covered by the statewide ban there was a decrease of 15% to almost 20% in charitable gambling business. This effected actual money raised significantly. These "pull-tab booths" are primarily one person operations so it's hard to reduce fixed costs. The study in .PDF format is available at http://www.gcb.state.mn.us/PDF_Files/Smoking%20ban%20study.pdf Here is a good print article. http://www.abcnewspapers.com/index.php?option=com_content&task=view&id=5704&Itemid=26

The "bars that serve pizza" analogy in the article is somewhat misleading. A compact counter-top oven can easily cook a frozen pizza. Many bars without kitchens can make a frozen pizza. Also, many bars with kitchens can make a frozen pizza after the kitchen is closed. What I believe was meant was the restaurant versus bar difference. In the case of pizza, it would be the difference between a pre-made pizza or one made from "scratch" where you could specify your toppings. The old Poodle bar, in it's heyday had a kitchen that could do a wide variety but price was the main draw.

Most bars with a lot of smokers before the Minnesota ban had what you might call a "short order" kitchen at most. As you became more "upscale" the focus was more towards food with alcohol. As you went up the scale there were a lot fewer smokers and a lot less impact.

In the article one owner claimed that the smoking ban resulted in a lower employee turnover rate. Probably true but a high percentage of bar/hospitality workers are smokers to begin with or are not seriously bothered by the smoke. After smoking bans are enacted there is a significant drop in bar/restaurant business so the labor market tightens. If you work in this field and other hospitality people start asking you "are they hiring" you appreciated the existing job more?

The higher end restaurant with alcohol tends to be far more impersonal and less "fun" to work at, especially if your single and a bit "vagabond". There was/is this dynamic balance between a hospitality job that is "fun" and one that pays the bills. The "fun" jobs are like the show "Cheers" where "Everyone knows your name".

The anti-smoking zealots are "prohibitionists" who will always push for more until there is a backlash. So far smokers have been relatively passive being demonized as only a step above child molesters. (addicts in denial I heard a lot.) I haven't smoked in 40 years but am passionate about this. (I actually prefer smoke free air but smoke is a minor nuisance to me.) It should be framed in terms of personal liberties and personal responsibility. Prohibitionists don't debate so learn the facts. A weak point with most funded anti-smoking group is nepotism (friends and family hiring), excess compensation and potential conflict of interest with pharmaceutical selling anti-smoking products. It's rather strange that if someone ever took even a penny from big tobacco (disclosure: I have not. Everything is on my own time, my own dime.) but there is no such requirement with money from "big drug" pushing their anti-smoking products. Why not?

The likely rate of adult smoking will likely bottom out at around 20%. It is a very diverse group and many have a good income. The "trades" are slow now with the dearth of construction but a lot of people chose this work so they could smoke (Minnesota passed the first indoor smoking ban in the 1970's. This got a lot of people to chose jobs where they could smoke.). This will continue.

We have a proposals for "smoking bars" with very good signage and strong restrictions for elaborate kitchens, no bands or live entertainment with smoking and a strong ventilation system. This would give the smokers a place to go. The prohibitionists would see this an claim there were denied the right to visit it "smoke free" though they had no interest in visiting the establishment before. Ironically, the greatest support for this was outstate where there are few "social hubs" and the Minnesota smoking ban took the greatest toll. In the cities, where there are a lot of "hospitality" options the "political" opposition is greatest even though close to a quarter of workers are "infrastructure support" and likely smokers. So far they are politically passive but prohibitionists keep pushing and invite a backlash. People could easily avoid smoking bars but the zealot prohibitionist still object.

Thursday, November 12, 2009

Gopher Football: Losing coach Brewser and no "brew" at the games.

Long time since a Redrant, perhaps five months so here goes: In my garage I have an old sign from Charlie's Cafe Exceptional in Minneapolis. It has a football drawing and text saying that they would have buses "to the game". No explanation was necessary.

Charlie's Cafe, just south of the downtown Minneapolis "courthouse row" but when the sign was made the Twin Cites were devoid of pro-sports. As a U of MN student I recall attending a few football games at the old "brick house". Pretty dead back then with pro sports here. Admittedly the dome didn't help but basically the market and times have changed.

The new Gopher stadium is a structural masterpiece. My dentist of 25 years has an office next to it so I have followed the construction saga. I have no complaints against the building itself.

That said, the alcohol policy there, especially in terms of how it relates to students borders of "gestapo tactics". Our modern day "prohibitionists" have considered the U of MN campus a "market free environment". They impose ever stronger restrictions on tobacco and alcohol.

Student drinking at games has long been considered a "cat and mouse game" (think Madison, WI). The prohibitionists at the U of MN seem to have crossed the line with breathalyser tests of students. There is a long history of turning drunks away from games but this is documentation and the prohibitionist with their "gestapo tactics" want this recorded on a students record. That is very scary.

Most modern students are computer savvy and they realize the ramifications this might have. They interact with the less savvy out of state students (part of the university life). The threat of punitive action and the "crossing the line" of documentation is very scary to all.

The most vocal prohibitionists are "politically correct" Marxists who hate everything about the USA: http://Cloward-Piven.com

The logic of the early game low student turnout seems to be that all the U of MN students are recovering from hangovers from Friday night. Hmm! This after decades of the prohibitionists combating student drinking? Hmm!! It was several decades back but I live in Dinkeytown, adjacent to the U of MN campus for 12 years. Students weren't all Friday night drunks back then and they aren't now.

If someone wants to go after the prohibitionists a student boycott of the new Gopher stadium would seem a good target. In the 1970's it was tried but failed. The sports grip was too strong. Nowadays we have far more options and the Big 10 Network was badly over-marketed even before the economic crash.

The old economic boycott strategy might work here. If it starts student section attendance might be closely monitored. If you build it and the students don't come this will be the focal point. If the powers that be try a "switcharoo" I'm sure our many student journalist will find out about it and report.

Greg Lang

Tuesday, July 14, 2009

Response to MN Court of Appeals ruling on Theater Night

MARK W. BENJAMIN

Criminal Defense, P.A.

237 Second Avenue SW, Suite 111

Cambridge, MN 55008

763-691-0900 (office)

763-670-9664 (mobile)

markbenjamin@msn.com

www.markwbenjamin.com

Press Release

MN Court of Appeals rules against Theater Night; No standards provided; Appeal to follow

The Minnesota Court of Appeals ruled today against Tom Marinaro, owner of Tank’s Bar in Babbitt, Minnesota. Mr. Marinaro was issued a ticket in March 2008 for allowing patrons to smoke in his bar. Two months later, he went to court and alleged that his patrons were performing in his improvisational play, The Gunsmoke Monologues. Under Minnesota law, it is legal for actors to smoke indoors during a “theatrical performance”.

The district court judge ruled that Mr. Marinaro’s play was a sham because his patrons did not perform on stage, did not wear costumes and did not read scripts.

Today the Court of Appeals ruled that the district court judge did not abuse his discretion in determining that Mr. Marinaro’s play was not a play. Unfortunately, the Court declined to provide any standards by which Minnesota bar owners might comport their conduct so as to not run afoul of the law. The Court said it would not issue “advisory opinions concerning hypothetical situations” and that it was “neither necessary nor prudent … to attempt to set forth an all-purpose definition of the term ‘theatrical performance’”.

But the continuing economic distress of some Minnesota bar owners is anything but hypothetical as they continue to cut hours, lay off employees and go out of business. The legislature declined to provide clarification of the “theatrical performance” exception and now, sadly, the Court of Appeals has done the same.

It is for that reason that Mr. Benjamin and Mr. Marinaro will seek review by the Minnesota Supreme Court.

Our show goes on.

Wednesday, May 20, 2009

Greg, Here is the Wisconsin Tavern League Letter in response to the passage of their smoking ban.

Quick "redrant".   It seems a bad idea to consort with zealots.  Success just encourages zealots to push for more extreme actions.

As in politics if side "B" tries to be "side A lite" it demoralises those on the "B" side and reduces public support for "B".

Also, other states except for Minnesota and Wisconsin seem to be able to restrict smoking at tribal casinos.  The inability here seems based very much in the intense lobbying and large political contributions of the tribal casino industries.  I've been following this for almost a year and a half and the there has not been one word of criticism from the anti-smoking groups about the large expansion of smoking sections in Minnesota Tribal Casino's.  Perhaps "money talks (or silences)  Greg Lang

May 15, 2009

 Dear (Wisconsin) Tavern League Member:

 As you already know, Senate Bill 181, a Statewide Smoking Ban, has passed the Senate and the Assembly and awaits the Governor’s signature.  This bill was a result of negotiations between our association and Smoke Free Wisconsin, The American Cancer Society and thirty other groups they were representing.

 This was not an easy decision.  The Tavern League of Wisconsin Board of Directors, consisting of thirty-eight fellow TLW Members debated long and hard before reaching a unanimous decision to support a compromise very similar to the one that was agreed on.  It was a gut wrenching decision for all involved, but one we felt was in the best interest of our membership.

 The necessity to compromise was a result of actions taken by Governor Jim Doyle.  We found ourselves stuck between a rock and a hard place.  The governor, a strong proponent of the smoking ban, placed his extreme version of a ban in the State budget and forced Senate leadership into a vote on May 13th.  Faced with the probability of the budget being passed with a very strict Smoking Ban, we felt compelled to act.  The Governor’s Bill would have included excessive fines, an immediate start-up date and no restrictions placed on municipalities regarding their ability to pass stronger bans locally along with other components placing even heavier burdens on your business.

 The hardest thing I’ve had to do to date as your president was to sit and negotiate an agreement with the very same people we have been fighting the past several years.  This was especially difficult given the amount of time, effort, money and emotion that our members have poured into the fight.  No one, including myself, is satisfied with how this battle ended however this was our only option.

 Please understand this was not an easy decision and one that was not taken lightly.  We had to reconcile the interests of members in the growing number of communities with smoking bans with the interests of members without bans.  We also knew the issue was not going to go away which factored in to our decision to act and get pre-emption, phase in and lower penalties.

 If you want to blame the TLW for agreeing to this deal that is your prerogative, however please remember the position we found ourselves in and that we only did what we believed was in the best interest of our Membership.  Had Governor Doyle not made this one of his top priorities and included it in his budget bill we would have fared much better. 

 It is my hope that you continue to support the Tavern League of Wisconsin.  Like you, I operate a small business and see the many values of the Tavern League of Wisconsin.  We were the only group fighting this ban and we did the best job we could.  Thank you for taking the time to read this letter and I hope you have a better understanding of why and how things happened.

 Sincerely,

 Rob Swearingen

 

 

Frequently Asked Questions

 

1.                  I thought the powerful Tavern League of Wisconsin could have defeated the smoking ban again this year.  Why did the TLW compromise if they could have killed the bill again?

 

We could not have killed the bill.  Last session there were 18 authors of the bill this year there were 34 authors.  Unlike last session, Governor Doyle took the unprecedented step of including an extreme smoking ban in his state budget bill.  He had us in a very difficult position – either compromise or risk passage of his smoking ban in the budget.  Governor Doyle’s bill would have taken effect August 1st and allowed local governments to ban outdoor smoking and fine business owners up to $500 for violations.  Based on that information the TLW Board of Directors unanimously agreed to seek a compromise which would include three main provisions.  1.  A year long phase in, 2.  Pre-emption of local smoking ordinances, and 3.  Lower fines.  The compromise accomplished that objective.  Some members have said we should have fought to the bitter end.  Our objective was to defeat the smoking ban and when that became unachievable we tried as best we could to do what was in the best interest of the Membership. 

 

2.                  What does pre-emption mean and how will it affect me?

 

This is one of the most important elements of the bill.  We felt it was so important to achieve pre-emption or we would be fighting battles in municipalities to ban smoking outdoors.  This provision of the bill prohibits local municipalities from enacting any ordinances restricting smoking outside of a licensed establishment.  In addition, the pre-emption language eliminates any existing local smoking ordinance and local fines on July 5, 2010 and replaces them with the state law.  Pre-emption provides you certainty that you can create an outdoor smoking area which will not be jeopardized by a local ordinance.  It also reduces fines in communities with an existing smoking ban.

 

3.                  What are the penalties in the bill?

 

The penalties of the bill do not go into effect until July 5, 2010.  The bill requires a warning be issued to the licensee holder or a person in charge of a licensed establishment for a first violation.  Subsequent violations shall be $100 for all violations occurring on a single day.  A person smoking on the premise would face a fine of at least $100 but nor more than $250.  The bill eliminates any municipal fines that may currently exist in communities with smoking bans effective July 5, 2010.  Very importantly, the bill provides that neither a municipality nor the Department of Revenue may use any smoking violations to revoke, suspend or refuse to renew a liquor license or permit.

 

4.                  Why aren’t the casinos covered by the bill?

 

According to the legislative staff attorneys the state does not have the authority to impose a smoking ban on a tribal casino or have the ability to enforce a smoking ban if it were imposed. 


5.                  When is Jim Doyle up for re-election?

November 2, 2010.

 You are receiving this email as a member of the Tavern League of Wisconsin.  Because parts of this email may be categorized as commercial you may want them discontinued.  If you would like these emails discontinued, please reply to this message and ask for removal from our list.  You can also email info@tlw.org or call 608/270-8591 and ask that your email address be taken off of our list

Friday, May 8, 2009

More apartments are snuffing out smoking

Lighting up is now prohibited in about 2 percent of the rental properties in Minnesota, according to Live Smoke Free.


RedRant:  First off the comment I posted in the Star Tribune discussion section.  

"according to Live Smoke Free, a program of the Association for Nonsmokers-Minnesota funded by a Minnesota Department of Health grant."

Hmm! A political advocacy group funded by public money? Hello!!!! This got it's start in California specifically San Francisco and Berkeley. A few problems. In the Bay Area they have very high housing costs so rental tenure is somewhat akin to property ownership. If the "lifer tenant" leaves the landlord can get far higher rent and rent to a friend. Also, in CA they have the idea that marijuana is "medicine". If "Dr. Feelgood" can give prescriptions for pot here will smoke free building have to allow people smoking pot but not smoking cigarettes? The next buildings at the SW corner of the Lake Street Bridge are smoke free. You often see slacker guys smoking on the front stoops. Hmm! Something tells me they are not leaseholders.

posted by bikemiles on May. 8, 09 at 2:04 AM 

First off, "follow the money".  First off, these anti-smoking organisations seemed to get the bulk of their funding from public money grants or pharmaceutical companies pushing anti-smoking "medications".  The MN DOH has done good work on the recent flu pandemic.  That said should they be in the business of funding political advocacy.  This is a pattern which goes way back to "Smoke Free Minnesota" having almost unlimited public money to complain about the non-existant "big tobacco funding".  

The tobacco settlement money was public.  The Minnesota case was brought in the name of the public so the money is public despite any sleigh-of-hand in fund designation. 

I don't have a problem with private market rental housing having a nonsmoking provision.  The complex at the south west corner of the Lake Street bridge opened a few years back smoke free.  No one was displaced.  It is rental and I have seen no big "apartment available" signs so it must be working.  

What is funny to watch is the smokers on the stoops.  Especially, on Saturday and Sunday morning it's the "twenty-something" "slacker" type males on the stoop smoking.  I live in the neighborhood and use the Lake Street Bridge often so I do a "stoop census".  I can't recall a twenty-something women smoking on the stoop.  

Go figure!   Sounds like "twentysomething" single women who embraced the smoke free lifestyle are "picking up" smoking males.