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MARK W. BENJAMINCriminal Defense, P.A.
237 Second Avenue SW,
Suite 111Cambridge, MN 55008
763-691-0900 (office)
763-670-9664 (mobile)
Press Release
Smoking Ban on Trial: Court case of State of Minnesota v. Tom Marinaro set for Monday, April 28, 2008 at 3:30 p.m. at the St. Louis County Courthouse in Virginia, Minnesota.
On Friday afternoon, March 14, 2008, Babbitt Chief of Police Terry Switajewski issued a citation to Thomas Marinaro for allowing smoking in his establishment, Tank’s Bar. At the time, Mr. Marinaro was presiding over and directing an improvisational theatrical production entitled “The Gunsmoke Monologues”.
Minnesota’s smoking ban specifically permits smoking by actors and actresses in theatrical productions as long as performance programs notify patrons that there will be some smoking during the play. Mr. Marinaro had posters prominently displayed and playbills circulated in his establishment providing just such notice.
Mr. Marinaro was supposed to appear in court for his arraignment on Friday, April 4, 2008. However, his attorney, Mark W. Benjamin, wrote to the court and waived the appearance. The City Attorney for Babbitt, Mike Kearney, and Mr. Benjamin have worked with the St. Louis County Court Administrator’s Office in Virginia, Minnesota to set a new court date – Monday, April 28, 2008 at 3:30 p.m.
Both sides do not disagree over the facts of the case and, for that reason, there will be no testimony. Instead, Mr. Kearney and Mr. Benjamin will argue the law to the presiding judge.
Mr. Benjamin will file his legal brief by Monday, April 14th; Mr. Kearney will file his by Monday, April 21st.
Mr. Benjamin will argue that the “theatrical productions” phrase in the state’s smoking ban is unconstitutionally vague and is therefore unenforceable.
The Minnesota Department of Health has taken the position that theatrical productions in bars violate the state’s smoking ban. This brings up an interesting scenario.
Assume Mr. Marinaro is an aficionado of the performing arts, that he regularly attends performances at the Guthrie, that he is a multi-millionaire and gives generously to the Guthrie. Assume further that he calls upon the Guthrie to do an on-the-road production of “12 Angry Men” (which features lots of smoking) at Tank’s Bar in Babbitt, that he will pay for the performers, the props, the transportation, food and lodging – and the Guthrie agrees.
According to the Minnesota Department of Health, such a theatrical production would violate the state’s smoking ban because … it’s in a bar. Really.
Our show goes on.
Press Release
Smoking Ban on Trial: Court case of State of Minnesota v. Tom Marinaro set for Monday, April 28, 2008 at 3:30 p.m. at the St. Louis County Courthouse in Virginia, Minnesota.
On Friday afternoon, March 14, 2008, Babbitt Chief of Police Terry Switajewski issued a citation to Thomas Marinaro for allowing smoking in his establishment, Tank’s Bar. At the time, Mr. Marinaro was presiding over and directing an improvisational theatrical production entitled “The Gunsmoke Monologues”.
Minnesota’s smoking ban specifically permits smoking by actors and actresses in theatrical productions as long as performance programs notify patrons that there will be some smoking during the play. Mr. Marinaro had posters prominently displayed and playbills circulated in his establishment providing just such notice.
Mr. Marinaro was supposed to appear in court for his arraignment on Friday, April 4, 2008. However, his attorney, Mark W. Benjamin, wrote to the court and waived the appearance. The City Attorney for Babbitt, Mike Kearney, and Mr. Benjamin have worked with the St. Louis County Court Administrator’s Office in Virginia, Minnesota to set a new court date – Monday, April 28, 2008 at 3:30 p.m.
Both sides do not disagree over the facts of the case and, for that reason, there will be no testimony. Instead, Mr. Kearney and Mr. Benjamin will argue the law to the presiding judge.
Mr. Benjamin will file his legal brief by Monday, April 14th; Mr. Kearney will file his by Monday, April 21st.
Mr. Benjamin will argue that the “theatrical productions” phrase in the state’s smoking ban is unconstitutionally vague and is therefore unenforceable.
The Minnesota Department of Health has taken the position that theatrical productions in bars violate the state’s smoking ban. This brings up an interesting scenario.
Assume Mr. Marinaro is an aficionado of the performing arts, that he regularly attends performances at the Guthrie, that he is a multi-millionaire and gives generously to the Guthrie. Assume further that he calls upon the Guthrie to do an on-the-road production of “12 Angry Men” (which features lots of smoking) at Tank’s Bar in Babbitt, that he will pay for the performers, the props, the transportation, food and lodging – and the Guthrie agrees.
According to the Minnesota Department of Health, such a theatrical production would violate the state’s smoking ban because … it’s in a bar. Really.
Our show goes on.
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