Collected updates on the "Smoking Theater"

My comments: (Greg Lang) The "bar smoking theater" has been deemed legal by a variety of opinions from the MN Attorney General to in this case, allegedly the head of the MN State Highway Patrol. If we are to take "Mankato Mike's" comments at face value the MN Department of Health has stated an intent to use "selective enforcement" by using extraordinary code and perhaps building code scrutiny as retaliatory actions when they do not have a specific legal violation. If the esteemed Senator Kathy Sheran is pressuring government agencies to use "selective enforcement" as "Mankato Mike" implies this presents a number of potential legal and ethical violations. At this point, the MN Highway Patrol response seems appropriate but if they "just happen" to concentrate enforcement around Barnacles or other bars during "Smoking Theater" nights there could be legal repercussions, especially since, according to "Mankato Mike" they have potentially discussed the possibility of such actions with him. I just retired after 32 years, ten months civil service. I have have a good understanding of Minnesota governmental public record disclosure laws. Virtually all records are public. Also, if there is any potential impropriety those public officials involves are subject to depositions under oath. If asked they will be will be forced to turn over all communications records and cannot protect the identity of "Mankato Mike". With "Mankato Mike" claiming to allegedly be a "close personal friend" of esteemed Senator Kathy Sheran there is more opportunity for deposition under oath.

So far, it appears no "trigger" has been pulled yet. let's hope it stays that way.

As for the idea of protecting the employees this requires that the employees are unaware of the risks, this requires deception or cohersion. You would be hard pressed to find any bar employee who is not aware of the claims of alleged danger from second hand smoke. Also, I know of no instance of bar employees being forced to work on "smoking theater nights". Just my opinion but bars with "smoking theater nights" should openly offer their employees an option of not working on "smoking theater nights" but I doubt there would be a requests. If so these requests should be honored. I would hope that non employee "actors" and other attendees would have their knowledge of geography raised to the awareness that "Tipping is not a city in China" but there does not appear to be a problem here.

People like "Mankato Mike" appear to allegedly claim that bar employees are either being intimidated, denied information, or "brainwashed". I have seen no evidence of intimidation, all bar employees had access to the bar smoking ban information and should have had good access to information. As for being "brainwashed" I (ahem!) tend to be one of the most knowledgeable people on this subject. I run the only website actively reporting news on the Symbionese Liberation Army http://soliah.com . University human behavior courses regularly cite the "Patty Hearst syndrome" (and usually get it wrong) in their curriculum. So called "Brainwashing Theory" tend to be based the "bible" of this, Dr. Robert Lifton's "Thought Control". One basic premise is that so-called "brainwashing" doesn't work if the person has even one dissenter supporting them. Lifton labeled the so-call "brainwashing" "Cohersive Persuasion with Totalism". If there is one thing that bar employees don't have it is "totalism". They have a far greater access to a diversity of social interaction than the rest of us have.

With "Mankato Mike's" claim of alleged ongoing collusion/conspiracy I plan to contact the ACLu and also some similar groups on the "right" I have dealt with before to ask them to monitor this bar smoking ban. As for now no "trigger" has yet been pulled in "Mankato Mike's" alleged threats but if they are seems right up the ACLU's alley. Bar smoking theater is, by a number of opinions legal. If it appears (through public employee work logs, or example) that that government officials are are doing the targets will have a "field day". Bar smoking theater would appear to fit the definition of "politically protected free speech". If there appears to be selective enforcements for protected legal free speech with special protection for speech of a political nature where government retaliation is a possibility.

The State of Minnesota has the option of passing legislation that closes the "bar theater" loophole. This is commonly done when a loophole in a law is found. As an example Symbionese Liberation Army former fugitive Kathleen Ann Soliah/Sara Jane Olson voted twice under her married name/alias. Te "old law" stated "married name" and this was changed by legislative vote to "legal name". Non controversial, as most "loophole fixes" are but the voting pattern of legislators on this is a public record. Any vote of an ammending of the "bar smoking theater" loophole will also be a public record.

Trust me on this. I know about public records.

(so much for my "spiel") Please read the latest update below in it's entirety. Good stuff, Maynard!!!!


Sent: Friday, February 22, 2008 11:47 AM
is prosecuted
Subject: 2-22-08 Update on Theatre Night (Mark Benjamin & Sheila Kromer)

An update for you all. After this weekend there will be much to come.

1) Beware of Mankato Mike's ranting on the blogs. There is absolutely NO truth to this as we have checked it out first hand. I have posted some of his comments in red below. He seems to be posting comments like this on several different blogs. These comments below are from a Feb 11th blog. Do not let him cause you undo stress.

I have just spoken to my good friend the much esteemed Senator Kathy Sheran. Both of us are dismayed by this total skirting of the ban and plan on asking the governor of our great state to send the state patrol to explore this matter. I have been assured that this “protest” will not be tolerated and that the Freedom to Breathe Act will be strengthen in the upcoming session. New legislation that will outlaw indoor theatrical smoking, outdoor smoking in public spaces, and smoking in apartment building / attached homes will be on the agenda. I personally will be traveling with Senator Sheran and the State Patrol to Barnacle's Resort this upcoming Saturday to make sure this ignominy does not happen again. Senator Sheran has also notified the Minnesota Department of Health about this matter and they will be sending people to investigate. These law breakers shall feel the justice systems vehemence and any tavern that tries this will be shuttered by the state. Insubordinance of the Freedom to Breathe Act will not be tolerated!

The legal loophole will be closed soon and both the great senator and I will be visiting Barnacle's tomorrow along with the Minnesota Department of Health. I hope there bar is all clean and tidy because it will be shut down for any and all health violations. This treasonous act of circumventing the Freedom to Breathe Act will not be tolerated. We can not have helpless employees subjected to deadly second-hand smoke. We can not have the families of these employees subjected to third-hand smoke either. This business will cease and desist their “theatric productions” or be closed!

I have personally talked to Chief Mark Dunaski of the Minnesota State Patrol. He has informed me that there is nothing he can do at this time. I have been assured by Senator Sheran and Commissioner Dr. Sanne Magnan of the MDH that that this business will be visited by the MDH tomorrow and any violation will lead to an immediate closer of this business. The Freedom to Breathe law will be enhanced so this sort of loophole will be eliminated!


2) See the latest links to newspaper articles and some playbills that we have collected so far at the website: http://freedomtoact.blogspot.com/

3) See the new video of Barnacles theatre night : http://millelacsmessenger.com/main.asp?SectionID=1&SubSectionID=1&ArticleID=17871


4) See e-mail below from Doug to Mark Benjamin:

MARK- GOT THE OK FROM VIRGINIA'S CITY ATTORNEY TODAY. WE ARE HAVING NIGHTLY PERFORMANCES STARTING THURSDAY, FEB 21. THANKS FOR THE HELP. DOUGQUEEN CITY SPORTS PALACEVIRGINIA

5) See e-mail below from the Rock Night Club who had their 1st performance this past Tuesday:

Mark & Sheila -Everything went well. 400 People came out to our debut of "Before the Ban." This was a great event and a great story in the paper. The response was overwellming from our "performers" as they wish to come out and "act" again soon. We have also already today been contact by the Milacs Press and the Star Tribune. We will be having another performance next Tuesday for sure. Possibly more this weekend. Thats TBD.Thanks again to both of you coming out. It was very cool to see both of you.Brian BaumanGeneral ManagerThe Rock Nightclub - "We Are Rock""The Metro's Premier Live Music Venue"2029 Woodlynn Ave.Maplewood, MN 55109651-770-7822http://www.blogger.com/brian@therocknightclub.com



6) Initial & Partial Listing of Bars having performances this weekend or within the week (there are many more but this gives you an idea)

Mike's Uptown - Hill City (having 2nd performance)
Barnacles - Aitkin (having 3rd performance)
Buggs Bar - So. St. Paul
Birds Nest - Garrison
Dusty Eagle - Dalbo
Queen City Sports Palace - Virginia
Bernie's Main Dry - Keewatin
Brady's Bar - Little Canada
Gladiator Bar - Gilbert
The Rock Night Club - Maplewood (having 2nd performance)

02-22-08 Friday Minneapolis Star-Tribune on bar theater.

02-22-08 Friday Minneapolis Star-Tribune on bar theater. click here

In my opinion a well balanced and informative article. When I lookedat 6AM Friday, 2nd most viewed article on the Star-Tribune website.

Gladiator Bar Directions and playbill

Gladiator Bar

307 N Broadway Ave

Gilbert, MN 55741

(218) 741-0914

Get Directions

*** PLAYBILL ***
Tobacco Road
Live at the Gladiator Bar!
Mon – Sat, February 25 -March 1 from 5 p. m. – 1 a.m.
A Theatrical Performance and Satire Regarding the Minnesota Legislature and the Freedom to Breathe Act
Note: There will be some smoking during tonight’s performance.
Friends, tonight you get to participate in the first “Theatre Night” at the Gladiator Bar. In addition to our Acts, YOU will get a chance to perform in our play.
Look around you. You are already on the stage. If you want to be part of the play tonight, check in with either Terri Gordon or Norm Anderson (your friendly bartenders) for a casting call. If you make the cut, please pay for your “Act Now!” button and wear it proudly. As a performer, you will be allowed to smoke on the stage. That’s right – indoors! Again, look around you – you are already on stage and in the play.

Ladies And Gentlemen
Buggs Saloon Presents
The Theatrical Debut Of
“SMOKE EM’ IF YOU GOT EM”
Program:
A glimpse into the past, A reminder of a time when things were simpler, the government was less controlling, and the bars were a little hazier
This play will feature an ensemble cast of first time actors to seasoned veterans. This improvisational theatrical production will begin Friday at 6 PM with the final curtain call a little after 2 AM. This will be followed with a Saturday matinee from 12 PM to a little after 2 AM.
Crystal as……………………….The Manager/Director
Tim as…………………………..Security/Bartender
Summer as………………………Bartender/Assistant Director
Cris as…………………………...Bartender
Roxy as………………………….Bartender
Meagan as……………………….Bartender
Sara as…………………………...Bartender
John as…………………………...Bartender
Melissa as………………………..Bartender
Jesse & Blake as…………………Security/Stage Hand
Jerry as…………………………..The Radio DJ
Throughout tonight’s performance there will be numerous uncredited actors in the role of bar patrons.
WE WOULD LIKE TO INFORM AUDIENCE MEMBERS THAT DURING THE PERFORMANCE SOME OF THE ACTORS WILL BE SMOKING IN THE THEATER.

-----------------------------------------------------------------------------------

Subject: Re: Theatre Night Information and Website Links (Pass on)
Thank you so much for contacting me. I'm the manager at Buggs bar in South Saint Paul, MN. My father has owned the bar for over 20 years and I hopefully will be owning the bar within the next 10 years. I bartend every Friday and Saturday night and I have lost about $100.00 per week in tips. The people aren't coming out anymore, our buisness has dropped about 25%. We have pull tabs in the bar (charitable gambling) and that has dropped as well. So the charity is losing out as well. The website for the bar is www.myspace.com/buggsbar. Please keep me updated on what is happening. We would love to take part in this. We are also having a play this Friday and Saturday. Attached is our program. Thank you,Crystal

Subject: Re: Theatre Night Information and Website Links (Pass on)

Subject: Re: Theatre Night Information and Website Links (Pass on)
Thank you so much for contacting me. I'm the manager at Buggs bar in South Saint Paul, MN. My father has owned the bar for over 20 years and I hopefully will be owning the bar within the next 10 years. I bartend every Friday and Saturday night and I have lost about $100.00 per week in tips. The people aren't coming out anymore, our buisness has dropped about 25%. We have pull tabs in the bar (charitable gambling) and that has dropped as well. So the charity is losing out as well. The website for the bar is www.myspace.com/buggsbar. Please keep me updated on what is happening. We would love to take part in this. We are also having a play this Friday and Saturday. Attached is our program. Thank you, Crystal

Playbill, Rock Maplewood click image for larger version.

Minneapolis Star Tribune netlets (letter from reader)

http://www.startribune.com/opinion/letters/15809982.html?page=1&c=y
Barroom theater and the legal loophole Many bar owners have lost more than 50 percent of their business since the statewide smoking ban took effect. However, thanks to a poorly written legislation and the keen eye of attorney Mark Benjamin, these same bar owners may once again taking center stage and lighting up the their cash registers ("To smoke or not to smoke? Barroom thespians find the play's the thing," Feb. 15).
If you're a smoker, take a walk down to your local pub to join the Guiness Troupe. Learn to act and remember, this role will require smoking. If you're a nonsmoker, odds are you will not be selected for a role. Don't take the rejection personally; just because you are not selected to perform, doesn't mean you have a right to stop the production.
JEREMY ARCHIBALD, ST. PAUL

Report from the Rock nightclub smoking theater.

Your awesome Greg!! It looks great on the website! I went to the Rock last night....it started off slow but then really picked up ~ 9:30pm. When I left at 10:45, they were up over their average by 75 people and the guy at the door said he expects there will be a lot more coming....they are open until 2:00 am.
Thank you....Thank you....so Much for your help in our endeavor!!!!! Sheila

First Twin Cities Smoking Theater.

02-19-08 http://therocknightclub.com/
(Maplewood, MN-Twin Cites East Metro)
MAJOR ANNOUNCEMENT:
This Tuesday...Live Performance of "Before The Ban." A Production where your the performer. **Performers will be Smoking Indoors during the Performance.
A Message from Pablo - Click Link Below:
http://therocknightclub.com/doc/93X_tues_spot.mp3
Minnesota Lawmakers say... it's ok for performers to smoke during "Theatrical Performances".... That's why Tuesday The Rock presents the new Theatrical Performance of "Before The Ban." And the best part is...Your the Performer. "Before The Ban" is a production that brings you back to a much happier place in time.
LEGAL NOTICE: According to the Minnesota Freedom to Breathe Act... The Rock Nightclub must inform you that smoking will take place indoors by some of the cast members during the Theatrical Performance of "Before The Ban."