Freedom to Act

http://www.grandrapidsmn.com/articles/2008/03/07/news/doc47d1c326e66a0964158316.txt

Bar owners defend theater nightsBy Britta ArendtGrand Rapids Herald-ReviewPublished: Friday, March 7, 2008 10:50 PM CSTClosing the curtain on a show that packs the house is just plain bad business practice, so say some small town bar owners in northern Minnesota.
Those like Lisa Anderson, owner of Mike’s Uptown Liquor in Hill City, maintain they are not breaking the law - just taking advantage of a loophole in the state’s Freedom to Breathe Act - by allowing smoking in their establishments during special “theater nights.”
However, the Minnesota Department of Health disagrees and released a directive this week meant to clarify the provision in the law related to theatrical productions that allows actors and actresses to smoke with cigarettes viewed as props.
“These bars are attempting to circumvent the Freedom to Breathe Act,” said Minnesota Commissioner of Health Dr. Sanne Magnan. “The law was enacted to protect Minnesotans from the 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.”
The Freedom to Breathe Act, banning indoor smoking in workplaces, including bars and restaurants, was signed by Governor Tim Pawlenty last May and made effective Oct. 1, 2007.
According Anderson and others such as Kathy Eastman, owner of 9-Mile bar and restaurant in rural Grand Rapids, business dropped off considerably for small bars that make most of their money through liquor sales since the law took effect.
So, when Cambridge, Minn., lawyer Mark Benjamin pitched the idea of challenging the law using the theatrical productions provision, Anderson and several other bar owners throughout the state saw an opportunity to save their livelihoods simply by using some creative thinking.
Anderson staged Mike’s first “play” on Saturday, Feb. 16, advertising it as, “A period piece depicting life prior to Oct. 1, 2007.” The production proved to be a success, drawing a crowd of patrons - both smokers and curious non-smokers alike. And this was just what Anderson said she needed, just a couple of weeks out from having to shut the doors of Mike’s Uptown Liquor for good.
Once word of Mike’s theater nights spread, the reaction was mixed. Many criticized Anderson, saying she should not be sacrificing the health of her patrons in the name of business. Others applauded her for standing up to government action that impedes on the rights of private business owners. There were some who viewed the theater nights as a step toward compromise, paving the way toward possibly amending the law to allow smoking in certain establishments or on certain nights when posted. For Anderson, the theater nights have been a saving grace and a shout out to legislators for help.
“At least they’re looking at it - that’s all I ask,” said Anderson.
“Our sales are down $12,000 a month since October,” said Eastman who has supported Anderson and Mike’s theater nights but says she and her husband have decided not to hold theater nights at 9-mile for fear of threats from the state. “It’s going to have to change, it’s more than just bar owners it’s affecting - it’s warehouses, truckers, sales reps and more. And it’s not fair to people, like us, who do business with lending institutions. I’ve had to cancel my family’s health insurance because I have to pay my mortgage. The state doesn’t realize what it’s doing to people like us.”
Business at Mike’s has increased four-fold with the theater nights, according to Anderson.
“It has been wonderfully successful. We’ve seen people come in who haven’t since the law started,” she continued. “People are even going to costume shops before coming in. I’ve had calls from people all over the state, telling me they’re proud of me; that we have to stand up for our rights.”
“People should have a choices; they can decide not to work in a bar that allows smoking,” said Eastman.
Within the directive released by MDH, the agency emphasizes its responsibility for ensuring compliance with the Minnesota Clean Indoor Air Act and its authority to levy fines of up to $10,000 on establishments that fail to comply with the law. MDH asserts that numerous surveys attest that the vast majority of Minnesotans have said they support comprehensive measures to protect the public from exposure to secondhand smoke.
Anderson feels there may be more who support freedom of choice, “I’ve heard more positives, than negative for what we’re doing.” She thinks the MDH directive is a scare tactic and the agency is simply re-stating what is written in the law, including the provision for theatrical productions.
“If the attorney general’s office did not advise or prompt MDH, then all MDH is saying is what is in the statute,” said Anderson. “As far as we know, we haven’t broken any laws.”
Prior to holding the first theater night at Mikes, Anderson checked with the city of Hill City and local law enforcement who reviewed the law and found the bar to be in compliance with the provision which only requires that patrons be notified prior to a production that smoking will take place.
MDH says those who have concerns about a facility’s compliance with the law can find information at www.health.state.mn.us/freedomtobreathe. Minnesotans can also contact their local public health department or send an e-mail to MDH at mciaa@health.state.mn.us.

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