Update from Shiela. ABC-20/20 visit ++++

If in hurry skip my comments in red and go to the black ink comments by Shiela and the color coded letters/comments. Greg Lang

Keeping a video camera handy is a good idea. Even if you have an audio recording device that helps. A digital still camera is nice but a disposable one will do.

I was aware of the upcoming ABC 20/20 visit for a while but wanted to let Shiela make the announcement. I dealt with ABC Prime Time in 2002 on a totally different matter with very good results. Congratulations to Shiela, Mark and the rest on the ABC Prime time project.

Note: I color coded the two letters for convenience since this get's a bit long. The Bullseyes letter makes a very good case for the people in "the trades" and others. Last summer I saw a plastic three drawer file cabinet in the trash. It's under my desk now (plastic top sagged, I cut it off since it was under the desk 'm working from now. It had the smell of "smoking in the house" but was easy to clean when I was washing the car. In a drawer there was a paycheck stub from a small local electrical contractor. I shredded the stub to protect the persons privacy) but I noticed that this persons pay was $26 per hour and there was significant overtime on that paycheck. The point is that many people in "the trades" make very good money and do smoke!

For a few technical points the lack of court action Friday was a routine waiver of a preliminary appearance. Nothing special. In the California case I dealt with there were teleconference "appearances" by a Minnesota defendant. This is common. Secondly, the existing so called "Freedom to Breath Act" would have to be reopened by the legislature and subject to a recorded separate vote. The "smoke shack" house provision is separate. Yes, it is very complicated but and the media might not get the short hand correct. There is still the distinct possibility of the courts ruling that "theater" as written, is the equivalent of "beauty is in the eye of the beholder". (Legally, this is called a "literal interpretation of the law".)

Sorry my "spiel" went on for so long. Be sure to read Shiela's report and the color coded letters. Don't forget the fundraising effort http://DefenseofRights.com or the great work by the Tavern League http://www.tavernleaguemn.org/ Want to express on opinion? Karaoke Tom started a discussion group at his http://freedomtoact.blogspot.com/2008/04/yesterday-i-registered-following-domain.html This also contains good links to legislative actions.

Thank you for reading. The website traffic and media coverage is far beyond what was expected. Be sure to read Shiela report below. Greg Lang

Hello Everyone,

Time for another update and there has been a lot going on. To begin with, it was an exciting weekend at Barnacles. ABC 20/20 was there for ~ 6 hours doing filming about theater nights for an upcoming segment with John Stossel on 20/20. Details of this segment have yet to be worked out and so they may back to do additional filming. The program is expected to air some time this summer. The filming included interviews with various bar owners such as my husband and I (owners of Barnacles in Aitkin), Tom & Marie (owners of Tank's Bar in Babbitt), Mike (owner of Sabin's Bar in Chisholm - Mike's wife Terri couldn't make it), Birdie and her manager Marlene (owner of Bird's Nest in Garrison), Lisa (owner of Mike's Uptown Liquor in Hill City) and Judy and her husband (owners of Dusty Eagle in Dalbo). Of course, Mark Benjamin was there to interview as well and to finally meet some of the people (Tom & Marie and Mike) that he is representing in the upcoming court cases. In addition, interviews were conducted with my bartender/waitress Amber, our chartable gambling person, Jeff, and many of the bar patrons. All in all, it went wonderfully. The producer will be staying in touch with us and would like to ask the bar owners to keep any type of a video recorder on hand to record any encounters with the MDH, local health authorities, police or any other persons offering up threats....they are extremely interested in this material as well. So, please have one ready on stand by.


Some other items of interest are listed below (Check out www.freedomtoact.com website often):

- Rumors are running rampant it seems and I would like to clear a few of these up. I have been told second hand that Friday morning, Channel 9 was saying that the the theater night "loop hole" has been closed. This is NOT true. The legislature has not reopened the statue for theater exemptions. Also, I heard second hand that on Friday evening, Channel 5 was saying that Mark Benjamin has his day in court and thus has signed off on theater nights and is no longer doing them. This also is NOT true. Mark never said this or even talked to Channel 5 on Friday. I also heard on KTLK radio station that the state was paying for these so called "smoke shacks" that the legislature just added to a bill in the House. Again, NOT true. So, if you hear of anything that doesn't sound quite right....please let me know and I'll find out the truth.

- I would like to ask that people do not use my copy lists to send out e-mails/replies of their own. From this point forward, I will be using "blind" copy so that this does not happen in the future. People get a lot of e-mails as it is and if everyone starts replying to "all" on the copy list it can be quite overwhelming for everybody. I have received requests from some people to be removed from the copy list and I have done this. If anyone else wants to be removed, please let me know. Karaoke Tom is starting up a website that contains a discussion forum where people can do this....it will also contain additional information as well. Greg Lang has posted information about this on the www.freedomtoact.com website. Tom is also working on a "store" where items such as bumper stickers, t-shirts, mugs, etc...can be purchased. He will donate the proceeds (beyond the initial expense) to the legal defense fund.


- Alert! I have talked to 2 different bar owners that have been getting phone calls from someone asking about theater nights. The callers ask if the bar is having theater night and when. The calls are "blocked" and
therefore there is no way of knowing who is calling. I would suggest you be careful and ask who is calling before answering any questions. Although we have nothing to hide, I find this behavior alarming.

- Theater Nights Continue
Bars are continuing with theater nights despite the threats. As a matter of fact, more bars have just started doing theater nights. These "new" bars are not going to be posted on the freedomtoact.com website. This is to prevent the harassment of the MDH and not make it so easy for them in their quest to intimidate.


-Look what the Danish are doing. Sounds like it could be fun! Perhaps we should consider something similar.
http://www.smokersclubinc.com/modules.php?name=News&file=article&sid=2978
Demonstration at Danish Cancer SocietyOn April 5, 2008, a group of dedicted smokers held a demonstration outside The Danish Cancer Society Headquarters, in Copenhagen, Denmark. The theme of the demonstration was “We are not quitting”. The demonstration was organised by the Danish Smokers Rights Organisation, DaRy (http://www.dary.dk) The Danish Cancer Society was chosen, because it is a prime source of misinformation about smoking and smokers. The goal is to induce the members of The Danish Cancer Society to stop the hate campaigns against smokers.If the Danish Cancer Society does not get off the backs of smokers, DaRy will proceed to demonstrate directly against the Danish Cancer Society. This demonstration was a first warning. The demonstration breaks new ground. Nobody has ever dared to demonstrate against an almighty Cancer Society. It is time for smokers to take action against their oppressors. DaRy hopes to inspire other smokers rights groups into taking similar actions.
Forces is an international organization and is following the theater nights here in Minnesota. Please check out their website.The link below is a pdf file of a letter that one bar owner received.
http://www.data-yard.net/10n3/ala.pdf


Response to Vickie (American Lung Association) from Robert Ripley (Bullseye Saloon)
(This response is to the letter received from a bar owner. This letter is on the freedomtoact website as well as the Forces website - see link above)

Vickie:-
My name is Robert Ripley and I am a non-smoker. I own a little bar about 25 miles south of Minneapolis, MN. Myself, my employees, my customers, and tens of thousands of hard-working Minnesotans would like to share some concerns:We respect you and your organization for trying to do what you think is good for all Minnesotans. It is your freedom and your right to do so. We only ask in return your respect for OUR freedom and OUR rights. The same wonderful freedom that allows you to choose to not smoke, or breathe second-hand smoke, is the same wonderful freedom that allows us the choice to smoke or breathe in second-hand smoke. I often wonder what makes a person like you feel that they should control other people's lives? Your goal is to "make America a healthier place to breathe for everyone." But, what if we do not want to be healthier? Why do you feel it is up to you to decide how long someone should live, or how healthy they should be? Some people want to live to 40, some want to live to 80,but what gives you the right to dictate that person's free will? Coffee is not good for you. Cooking over a BBQ grill is not good for you. Excessive amounts of fats and salts are not good for you. Vickie, how would you like it if I tried to make it so you could not drink coffee or eat a steak off the BBQ grill? That is the way your organization makes tens of thousands of us feel everyday. Us FREE Minnesotans do NOT want, or need someone telling us how healthy to be. It is not up to you, it is up to each person to decide how to live their life. Please, continue putting out ads to get people to quit smoking. Please continue to go after companies that target children. Continue to fight the good fight, but don't stomp on decent hard-working peoples' liberties in the process. Please stop supporting government legislation that prohibits smoking in bars and restaurants in MN. If the government has the right to control a person's health, then what true freedoms do we really have? Keep in mind, a government ordinance that can prohibit smoking is NO different that one the mandates smoking. Both are wrong.Thank you for your time,Robert Ripley Attached is a similar request made to John Stine of the MDH.




Letter to John Stine from Robert Ripley (Bullseye Saloon)
April 3, 2008
Mr. John Linc Stine,

Can you look tens of thousands of Minnesotans in the eye and explain to them why Indian casino patrons and actors have more rights than they do? Can you explain why you are trying to enforce this blatant discrimination. My name is Robert Ripley, and I own the Bullseye Saloon in Elko New Market, MN. Channel 5 News recently did a story on our theatre nights, and on the MDH actions, and inaction's regarding them. Here are a few things that myself, my employees, my customers, and tens of thousands of hard-working Minnesotans would like to tell you:
First, my customer base, like the majority of hometown bars across the state of MN, is composed primarily of blue-collar working people. These people go to work everyday to build the roads you drive on, fix the cars and airplanes you rely on, wire the house where you live so have electricity, and raise the crops you put on your dinner table. During the course of their daily lives they are exposed to herbicides, they risk injury building our bridges, and they might get electrocuted while fixing your air conditioning. They fight fires, they breathe in diesel fumes, they remove asbestos, and they cook over charcoal grills. When a “Day’s work” is complete they come to their local bar to have a beer and a cigarette and unwind. All of us are wondering how it is that they can breathe in carcinogens all day long as they fight fires, fix diesel trucks, remove asbestos, spray herbicide, and cook over a BBQ grills, but they cannot choose to have a cigarette at the bar after work?
Secondly, my employees are concerned about their right to choose the environment in which they work. There are implicit and explicit risks associated with ANY job. My construction worker customers have to worry about being hit by a passing motorist everyday. My farmer customers have to worry about getting their arm caught in the baler or the combine everyday. My firefighter customers have to worry about smoke inhalation and being burned to death everyday at work; and for some reason they choose to do those jobs anyway. Bartenders and servers are no different. These college students, customer friendly people, and single-mothers CHOOSE their work environment also. Just like the fire fighter and the BBQ chef, these Minnesotans choose to breathe second-hand smoke and carcinogens everyday at work. They know risks associated with their job, and they still choose to serve us.
Also, how many Minnesotans are you willing to put out of work to achieve a smoke-free Utopian society? Small businesses are the backbone of our economy. Running a small business is a difficult task, and small businesses “go under” everyday here in Minnesota. They go out-of-business for reasons like: bad bookkeeping, employee theft, poor marketing skills, bad personnel decisions, lack of customer service, or inability to change with the market. But, when these small business owners are somehow able to manage their business and avoid all of these potential pitfalls just to have unconstitutional legislation rob them of their life’s work, that is downright unethical and “Un-American.”
Finally, we have some concerns about the rights and freedoms that these working-class Minnesotans, and the Vets that fought to give them these rights. Before the unconstitutional Clean Indoor Air Act, everyone had equal rights under the law. People had the right to breathe clean indoor air by simply exercising their freedom to patronize an establishment that did not allow smoking. Similarly, people had the right to smoke and breathe second-hand smoke by patronizing establishments that allowed smoking indoors: A level and fair playing field, equal rights for everyone. Now, under the new Clean Indoor Air Act law, the rights of one group, was sacrificed for the rights of another group. This is not what America is all about. When women gained the right to vote, we did not take away the right to vote from men. Minnesota laws need to give equal rights to all of its citizens, not just the groups that the legislature deems politically correct. If you, John, walk into a restaurant and there are many screaming children, you have the right and the freedom to CHOOSE to cope with your surroundings, and you have the right and freedom to walk back out the door. If you, John, walk into a fast food joint and it smells like greasy french fries, you have the right and the freedom to CHOOSE to cope with your surroundings, and you have the right and freedom to walk back out the door. Why is this any different than walking into a “smokey” bar? Do you believe that the rights of Minnesota “non-smokers” should trump the rights of Minnesota “smokers” who choose to participate in the LEGAL activity of having a cigarette?
We Minnesotans are asking the MDH to stop regulating our personal rights, liberties, and freedoms. The Minnesota legislators that cast their vote for this Clean Indoor Air Act must have forgotten about all the hard-working blue-collar citizens that are represented by this letter. I, no, WE ask you John Stine, and our MN state legislators, to stop trying to regulate the amount of smoke that goes into the fire fighters lungs. Stop regulating how many carcinogens the line cook breathes in everyday. And stop trying to manage the risks of construction workers and bartenders. Just because something is “Not good for you,” does not mean it has to be illegal. Please keep this in mind today while you drink your coffee or your soda pop, and eat your fast food…. before unconstitutional laws take those “unhealthy” freedoms away from you.

Sincerely,

Robert Ripley,
My Employees,
My Customers,
And Tens of Thousands of Hard-Working Minnesotans


Slippery Slope

Below I have copied a couple of articles for your enjoyment (I'm being sarcastic here). I'm sure you have all heard of the phrase "slippery slope". The smoking ban issue is just the tip of the iceberg so to speak. There are many more things coming down the path such as obesity and alcohol issues. I read an article in The MLBA magazine about the official alcohol campaign kicking off in the UK in 2009. Even though prohibition wasn't ultimately successful, I can assure you that is not going to stop them from trying again. And in the current legislative session, they are considering monitoring children's BMI (among a host of other things) and keeping a database on this. Ask yourself this question....what do they need this data for and what are they going to do with it? They certainly aren't collecting it for the fun of it.


http://www.newsoftheworld.co.uk/0909_fat.shtml
3 KIDS IN CARE FOR BEING FAT
By Kevin Widdop
THREE children have been taken away from their parents and put into council care because they are TOO FAT, the News of the World can reveal.
Experts said they were dangerously overweight for their age and feared for their long-term health.
And social workers argued their parents were guilty of NEGLECT because they were unable or unwilling to help their kids to lose weight.
But the three cases may be just the tip of an iceberg because local authorities do not always list obesity as the reason children are taken into care. They are lumped in with figures for abuse and neglect.
The plight of the three overweight children was revealed after we made a request under the Freedom of Information Act. It follows the storm over Connor McCreaddie, eight, who was nearly taken into care earlier this year when he reached a staggering 14 stone.
After an outcry, Connor, from Wallsend, near Newcastle upon Tyne, was allowed to stay at home with mum Nicola.
But in the first six months of this year, social workers in Tower Hamlets, London, and Lincolnshire, DID take youngsters into care because of "issues relating to obesity".
Chubby
And in July, an eight-year-old girl was taken away from her parents by Cumbria County Council and made a ward of court because she was too fat.
Her mum, who cannot be named for legal reasons, said last night: "Our world has fallen apart. I'd do anything to get her back.
"Our daughter doesn't overeat. She has always been chubby but she's always out playing with other kids. The only bad thing we've given her is fizzy drinks."
Lambeth Council in London also revealed that it had placed a child on the "at risk register"—the stage before being taken into care—because of weight.
Britain's children are now the fattest in the world. There are around a million under-16s who are dangerously overweight—mostly because of bad diet and lack of exercise.
Dr Colin Waine, chairman of the National Obesity Forum, said care orders should be "absolutely the last resort".
He said: "What we should be doing is monitoring children from birth so we can detect any deviations from the norm and take early action. We should be able to work with the families to prevent a severe condition, like the child becoming obese.
"If the parents refuse to collaborate and the child does become obese I consider that a form of child abuse and taking them into care may be the last resort."
The councils concerned refused to discuss individual cases.






http://www.canada.com/windsorstar/news/story.html?id=d8d508ff-35b0-47ab-b943-01a51bfea940
Proposal to raise drinking age doesn't go down easy
Trevor Wilhelm, Windsor StarPublished: Wednesday, April 02, 2008
Raising the drinking age to 21 -- an idea being pushed by at least one Ontario health unit -- would make a criminal out of Christian Nambayan, along with most of his friends.
Health units from across Ontario will consider launching a campaign to raise the drinking age in June.
"I kinda don't like that," said Nambayan, 20, a St. Clair College student, who says he goes out drinking four times a month.
"If you raise the bar to 21, there will be a bigger rate of underage drinking. Already, a lot of people are drinking under age."
The Middlesex-London Health Unit has voted to lobby the province to raise the drinking age from 19 to 21. It's part of a six-point plan that also includes stricter advertising rules and reducing the drunk-driving blood alcohol concentration to 0.05 per cent from 0.08 per cent .
Boom Boom Room owner Remo Agostino said it would be a "catastrophe" for Windsor if the legal age for drinking was raised, given current economic woes and the decline in cross-border drinkers, who are attracted here largely by a drinking age that's lower than the 21-year requirement in Michigan and Ohio.
"You're going to see everybody go out of business," Agostino said.
"You'd be left with Starbucks downtown and that's it. You're dealing with such a depressed marketplace that anything like that would be a final blow. It's crazy."
But Mary Lou Albanese, manager of chronic disease and injury prevention at the London health unit, said raising the age is not crazy when you consider the effects of alcohol. She said the latest statistics from 2001 show 1,600 people in Canada between the ages of 15 and 24 died from injury. She said 45 per cent of those were related to car accidents, and 40 per cent of those crashes were caused by drinking.
"As a society we need to take a stand about drinking and its effects on our society and our youth," said Albanese. "In order to make an impact these are some of the things we need to do."
The London health unit will take its resolution to a conference of the Association of Local Public Health Agencies in June and ask all of Ontario's 36 health units to back them up.
Dr. Allen Heimann, Windsor's medical officer of health, said the local health unit hasn't considered launching such a campaign. He wouldn't comment on the London proposal because he hadn't seen it.
The drinking age was last changed, from 18 to 19, in the 1970s.
ALPHA executive director Linda Stewart said there has been renewed interest in the issue with the release of recent health studies.
"There is now a stronger known link between alcohol and cancer," she said. "We've been discussing those issues related to alcohol and what we want to be doing with those issues."
Stewart said her group won't take a stance until after the June meeting.
Premier Dalton McGuinty said Tuesday he won't consider raising the drinking age. That was good news to a lot of 19- and 20-year-olds.
"I think it's a horrible idea," said Meghann Rogers, 19. "I had to wait so long to turn 19 and have fun with my friends. Waiting two more years would be hellish. You're 19, you get to drink and have fun. Twenty-one is kind of pushing it."
ONLINE: windsorstar.com
Do you think the drinking age should be raised to 21?