(I'll try to "fix" later and add "fixed" version below original--Greg Lang)
Sent: Saturday, March 08, 2008 11:25 AM
Subject: [PHISH] PRESS RELEASE: Theater Nights Are Exempt From MN Smoking Ban
MARK W. BENJAMINCriminal Defense, P.A.237 Second Avenue SW, Suite 111Cambridge, MN 55008763-691-0900 (office)763-670-9664 (mobile)
Press Release
Minnesota bars that host Theater Nights are engaged in legal activity and are exempt from the Freedom to Breathe Act
Minnesota bars that host Theater Nights are engaged in legal activity that falls squarely within the theatrical production exception of the Freedom to Breathe Act.
When the smoking ban was debated last spring, veterans of Minnesota’s Legion and VFW clubs and small bar owners across the state asked for exceptions, like providing separate ventilated rooms or proof of economic hardship. They got nothing.
But a funny thing happened during the closing days of the legislative session. Rep. Tom Huntley (DFL – Duluth) took a call from the Guthrie Theater. They were worried their actors and actresses wouldn’t be able to smoke real tobacco cigarettes on stage and that this would somehow sully the performance. They demanded a favor from him for their “theatrical productions” and Mr. Huntley slipped the exception into the conference committee bill with little or no public debate.
But Mr. Huntley – who is, in fact, the creator of Theater Night – didn’t define “theatrical productions”. Now he complains that bars across the state are violating the “spirit” of the law. But America is a nation of laws, not spirits. And Minnesota bars that host Theater Nights are following the letter of the law. Thus, they are engaged in legal activity. How can that be?
Because of the “void for vagueness” doctrine – best defined in Wikipedia as:
a legal concept in American constitutional law, whereby a civil statute or, more commonly, a criminal statute is adjudged unconstitutional when it is so vague that persons "of common intelligence must necessarily guess at its meaning and differ as to its application," as the United States Supreme Court articulated in Connally v General Construction Co., 269 U.S. 385, 391 (1926). A statute is void for vagueness when:
1) It is unclear what persons fall within its scope; 2) What conduct is forbidden; and/or 3) What punishment may be imposed.
Due process requires that a law be reasonably definite as to what persons and conduct are covered as well as the punishment for any violation. In determining whether a law is void for vagueness, courts have imposed the following tests:
1) Does the law give fair notice to those persons subject to it?
2) Does the law guard against arbitrary and discriminatory enforcement? And
3) Can it be enforced with sufficient “breathing room” for First Amendment rights?
Two questions – Does the MN Department of Health want to be in the business of defining:
1) Who is and who is not an “actor” or “actress”; and
2) What is and what is not a “theatrical production”?
That said, the Freedom to Breathe Act – as enforced by the Minnesota Department of Health – does not pass the “void for vagueness” doctrine because:
1) The smoking ban does not give “fair notice” to owners and patrons of bars that Theater Night might be an illegal activity.
2) The smoking ban – as the Minnesota Department of Health proposes to enforce it – does not prevent “arbitrary and discriminatory enforcement”.
Indeed, the MDH Press Release this past Wednesday illustrates exactly our concerns regarding fair notice and arbitrary and discriminatory enforcement. The Release baldly states in the first sentence:
“theater nights” being held in bars do not fall within the theatrical production exemption of the Freedom to Breathe Act
without explaining why. The Minnesota Department of Health simply believes that “theatrical productions” cannot legally exist in a bar. To which we reply that the stage for the popular TV sitcom “Cheers” was … a bar.
After our first theatrical production at Barnacle’s Resort and Campground on February 9th, the Minnesota Department of Health fended off media inquiries about how they were going to respond to the Theater Night phenomenon sweeping across the state. They claimed they were consulting with the Attorney General who was “studying” the matter. We were led to believe that the Attorney General would soon issue an opinion on the legality of Theater Night.
So we were surprised that the Minnesota Department of Health issued a legal opinion on Wednesday:
http://www.health.state.mn.us/news/pressrel/ftb030508.html
without providing any foundation for their determination that Theater Night is illegal.
It’s a lame opinion at that. They state they have “determined after seeking legal advice” that Theater Nights in bars are illegal. They just won’t say how they reached that determination or who helped them reach it. They refuse to produce the written legal opinion that would more fully inform Minnesota bar owners why Theater Night is supposedly illegal. And they haven’t even updated their website FAQ regarding “Smoking as Part of Theatrical Productions” since … August 2007:
http://www.health.state.mn.us/divs/eh/indoorair/mciaa/ftb/docs/F2BTheater.pdf
Wednesday’s Press Release was not intended to inform Minnesota bar owners; it was intended to scare them. Thus, they state:
The department has the authority to levy fines of up to $10,000 on establishments that fail to comply with the law (emphasis added.)
But they refuse to explain what “fail to comply with the law” means. This creates uncertainty and confusion – which creates fear and intimidation. And that is exactly what the Minnesota Department of Health intended this past Wednesday. Fear is their only weapon left because the law is not on their side – and they know it.
It was four weeks ago today that a Minnesota bar hosted the first Theater Night. Since then, scores of bars have followed suit – without a single ticket issued or fine levied. Frankly, we had hoped to test the legality of Theater Night in a court of law. But that hasn’t happened and the bluff and bluster from the Minnesota Department of Health continues unabated.
No more.
If the Minnesota Department of Health will not do battle with us in a court of law, then I challenge them to engage with me in a live, unscripted televised debate. They can pick their champion, the place, the date and the time. My little Geo Metro and I will buzz on down to the Cities and we will hash this out once and for all. In the end, Minnesota bar owners will see that Theater Night is a completely legal activity – and their fear will be gone.
It takes courage to fight for freedom and I am not afraid of the Minnesota Department of Health. Are they afraid of me?
Saturday, March 8, 2008
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.
Copyright © 2008 - Herald Review - Grand Rapids, MN
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.
Copyright © 2008 - Herald Review - Grand Rapids, MN
Friday, March 7, 2008
From: Sheila Kromer (of Barnacles) Subject: Vet Story - This actually happened.
Sent: Friday, March 07, 2008 8:12 AM
Subject: Vet Story - This actually happened.
One day this week, as bar owner Lisa (Mike's Uptown Bar) was tending bar during the day, this little old man walked into the bar. He was wearing a VFW hat with little pins all over it. Lisa immedately thought, "oh no now what". You see, a few people do not like her idea of having smoking theater performances. Well, this guy was from Wisconsin and traveling through town. He approached Lisa and said, "I stopped in to say how proud I am of what you are doing. Would you be offended if I took a picture of the outside of your bar? This is what we fought for...thank you so much." Then he left.
This story is true and can be verified thru Lisa.
Sheila
Subject: Vet Story - This actually happened.
One day this week, as bar owner Lisa (Mike's Uptown Bar) was tending bar during the day, this little old man walked into the bar. He was wearing a VFW hat with little pins all over it. Lisa immedately thought, "oh no now what". You see, a few people do not like her idea of having smoking theater performances. Well, this guy was from Wisconsin and traveling through town. He approached Lisa and said, "I stopped in to say how proud I am of what you are doing. Would you be offended if I took a picture of the outside of your bar? This is what we fought for...thank you so much." Then he left.
This story is true and can be verified thru Lisa.
Sheila
Thursday, March 6, 2008
Lawyer Mark W. Bejamin's response to the MN Dept of Health Press Release.
You want my reaction? How about laughter? I mean, for THREE WEEKS they've been telling reporters that they have been "conferring" and "consulting" with the MN Attorney General about the legality of Theater Night and my oh my whatever shall we DO????
So forgive me if I was waiting with baited breath for a press release to come from the ATTORNEY GENERAL, not those pink-lunged bozos at the MN Department of Health.
Really, it took them THREE WEEKS to discover that they have the legal authority to regulate Theater Nights? Of course they do. It's right there in the statute. And so any theater that doesn't provide notice to its patrons on the posters and playbills that there will be some smoking during the performance will rightly get a ticket.
I'm calling the MN Bar Ass'n tomorrow. The Dept of Health is practicing law without a license. What? Will the Atty General be giving flu shots tomorrow? Why can't these idiots get their act together?
-- Mark Benjamin
So forgive me if I was waiting with baited breath for a press release to come from the ATTORNEY GENERAL, not those pink-lunged bozos at the MN Department of Health.
Really, it took them THREE WEEKS to discover that they have the legal authority to regulate Theater Nights? Of course they do. It's right there in the statute. And so any theater that doesn't provide notice to its patrons on the posters and playbills that there will be some smoking during the performance will rightly get a ticket.
I'm calling the MN Bar Ass'n tomorrow. The Dept of Health is practicing law without a license. What? Will the Atty General be giving flu shots tomorrow? Why can't these idiots get their act together?
-- Mark Benjamin
Wednesday, March 5, 2008
Minnesota Department of Health ruling and comments.
Generally a ruling from the Attorney General's office is required on the interpretation of a written statute. In the recent past the MN Attorney General's Office has refused to rule that the "bar smoking theater" violated the letter of the so-called "Freedom to Breate Act". This DOH ruling appears to be ripe for a legal challenge. What is notable about the press-release is the lack of specifics on what the "legal advice" is.
The MN State Legislature, which is curently in session is free to reopen the so called "Freedom To Breath", ammend it in what ever way desire and put the ammended law to a recorded vote just as the original so called "Freedom to Breath" law was passed.
I am not a lawyer and do not intend this to be legal advice but it has been my observation that Minnesota Court of Appeals and Minnesota Supreme Court put great weight on the arguement that a law, if flawed can be ammended by the state legislative and executive branches.
Just my "blogger opinion" that seems "ripe" for a court challenge. Here is a link to the MN DOH press release followed by the text of the press release as it now exists.
http://www.health.state.mn.us/news/pressrel/ftb030508.html
Minnesota Department of Health
News Release
March 5, 2008
Contact information
'Theater nights' in bars are not exempt from Freedom to Breathe ActThe Minnesota Department of Health (MDH) has determined after seeking legal advice that “theater nights” being held in bars do not fall within the theatrical production exemption of the Freedom to Breathe Act.The Freedom to Breathe Act bans indoor smoking in workplaces, including bars and restaurants. It was signed by Governor Pawlenty in May 2007 and took effect October 1, 2007. The bill included an exemption allowing smoking by actors and actresses as part of a theatrical performance. Some bar owners have claimed the right to declare that all activity in their establishments is part of a “theatrical performance,” declaring employees and patrons are “actors and actresses.” In reviewing the law, MDH has determined that it has the authority to address “theater nights” and take enforcement action if the activity is an attempt to allow smoking in violation of the act. Minnesota Commissioner of Health Dr. Sanne Magnan said MDH will work together with local health agencies to bring establishments into compliance if they violate the law.“These bars are attempting to circumvent the Freedom to Breathe Act,” Magnan said. “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 U.S. Surgeon General has estimated that exposure to secondhand smoke killed more than 3,000 adult nonsmokers from lung cancer and approximately 46,000 from coronary heart disease in 2005. This does not include the health consequences to people with asthma and other conditions worsened by exposure to secondhand smoke. In numerous surveys, the vast majority of Minnesotans have said they support comprehensive measures to protect the public from exposure to secondhand smoke.MDH is responsible for ensuring compliance with the Minnesota Clean Indoor Air Act. The department has the authority to levy fines of up to $10,000 on establishments that fail to comply with the law. MDH’s mission is to protect, maintain, and improve the health of all Minnesotans. Minnesotans who have concerns about a facility’s compliance with the law can find information at www.health.state.mn.us/freedomtobreathe. The Web site includes fact sheets, suggested letters that encourage compliance and other information about Freedom to Breathe. Minnesotans can also contact their local public health department or send an e-mail to MDH at mciaa@health.state.mn.us for more information.
-MDH-
For more information, contact:
John Stieger MDH Communications651-201-4998
The MN State Legislature, which is curently in session is free to reopen the so called "Freedom To Breath", ammend it in what ever way desire and put the ammended law to a recorded vote just as the original so called "Freedom to Breath" law was passed.
I am not a lawyer and do not intend this to be legal advice but it has been my observation that Minnesota Court of Appeals and Minnesota Supreme Court put great weight on the arguement that a law, if flawed can be ammended by the state legislative and executive branches.
Just my "blogger opinion" that seems "ripe" for a court challenge. Here is a link to the MN DOH press release followed by the text of the press release as it now exists.
http://www.health.state.mn.us/news/pressrel/ftb030508.html
Minnesota Department of Health
News Release
March 5, 2008
Contact information
'Theater nights' in bars are not exempt from Freedom to Breathe ActThe Minnesota Department of Health (MDH) has determined after seeking legal advice that “theater nights” being held in bars do not fall within the theatrical production exemption of the Freedom to Breathe Act.The Freedom to Breathe Act bans indoor smoking in workplaces, including bars and restaurants. It was signed by Governor Pawlenty in May 2007 and took effect October 1, 2007. The bill included an exemption allowing smoking by actors and actresses as part of a theatrical performance. Some bar owners have claimed the right to declare that all activity in their establishments is part of a “theatrical performance,” declaring employees and patrons are “actors and actresses.” In reviewing the law, MDH has determined that it has the authority to address “theater nights” and take enforcement action if the activity is an attempt to allow smoking in violation of the act. Minnesota Commissioner of Health Dr. Sanne Magnan said MDH will work together with local health agencies to bring establishments into compliance if they violate the law.“These bars are attempting to circumvent the Freedom to Breathe Act,” Magnan said. “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 U.S. Surgeon General has estimated that exposure to secondhand smoke killed more than 3,000 adult nonsmokers from lung cancer and approximately 46,000 from coronary heart disease in 2005. This does not include the health consequences to people with asthma and other conditions worsened by exposure to secondhand smoke. In numerous surveys, the vast majority of Minnesotans have said they support comprehensive measures to protect the public from exposure to secondhand smoke.MDH is responsible for ensuring compliance with the Minnesota Clean Indoor Air Act. The department has the authority to levy fines of up to $10,000 on establishments that fail to comply with the law. MDH’s mission is to protect, maintain, and improve the health of all Minnesotans. Minnesotans who have concerns about a facility’s compliance with the law can find information at www.health.state.mn.us/freedomtobreathe. The Web site includes fact sheets, suggested letters that encourage compliance and other information about Freedom to Breathe. Minnesotans can also contact their local public health department or send an e-mail to MDH at mciaa@health.state.mn.us for more information.
-MDH-
For more information, contact:
John Stieger MDH Communications651-201-4998
Nine mile bar, economic impact story
Hey Greg - It's been a busy morning. I got this story this morning...Kathy called me. Can we post?
Thanks
Sheila
----- Original Message -----
From: Sheila Kromer
To: sheiladk@comcast.net
Sent: Wednesday, March 05, 2008 8:43 AM
Subject: Nine Mile Bar Story
Nine Mile Bar is located in Grand Rapids, MN. It was established in 1893 and the current owner (Kathy) is a third generation bar owner. Since the smoking ban was enacted her profits have been cut in half (~30,000 down to ~15,000). She has had to cut hours of employees and lay some off. Her one employee of 28 years was cut from 26 hours to 10 hours a week. Her cook went from 4 days a week down to 2 days a week. She had to lay off both of her waitresses and now has no waitresses. She also laid off her janitor. Her 70 year old mom and 16 year old son volunteer to help...they work for tips only.
One of her distributors (Dick Distributing-Bud) said that liquor sales to bars are down 50% in the area but that the White Oak Casino (Deer River) has tripled their liquor sales since Oct. 1. The Coke & Pepsi sales reps no longer come around because they got laid off...all Kathy' s orders must be phoned in now. Another one of Kathy's distributors (Miller rep) said they used to have 2 trucks each carrying 700 cases a beer deliver to the area pre-ban and now they only have 1 truck carrying 100-200 cases of beer.
In Kathy's words, "I have been around a long time but I have never seen anything like this".
Thanks
Sheila
----- Original Message -----
From: Sheila Kromer
To: sheiladk@comcast.net
Sent: Wednesday, March 05, 2008 8:43 AM
Subject: Nine Mile Bar Story
Nine Mile Bar is located in Grand Rapids, MN. It was established in 1893 and the current owner (Kathy) is a third generation bar owner. Since the smoking ban was enacted her profits have been cut in half (~30,000 down to ~15,000). She has had to cut hours of employees and lay some off. Her one employee of 28 years was cut from 26 hours to 10 hours a week. Her cook went from 4 days a week down to 2 days a week. She had to lay off both of her waitresses and now has no waitresses. She also laid off her janitor. Her 70 year old mom and 16 year old son volunteer to help...they work for tips only.
One of her distributors (Dick Distributing-Bud) said that liquor sales to bars are down 50% in the area but that the White Oak Casino (Deer River) has tripled their liquor sales since Oct. 1. The Coke & Pepsi sales reps no longer come around because they got laid off...all Kathy' s orders must be phoned in now. Another one of Kathy's distributors (Miller rep) said they used to have 2 trucks each carrying 700 cases a beer deliver to the area pre-ban and now they only have 1 truck carrying 100-200 cases of beer.
In Kathy's words, "I have been around a long time but I have never seen anything like this".
Buttom mail order option
Hey Greg - Can we post Karie's information about buttons on the web site? Seems like she is having hard times also....maybe we can help a little bit.
Sheila
----- Original Message -----
From: Karie Lynn
To: Sheila Kromer
Sent: Wednesday, March 05, 2008 7:58 AM
Subject: Re: Buttons
Hey there Sheila! Thanks!!
They are 3 inches and 100-499 cost is .70 and anything over 500 is .55. Thanks and if they go to www.livenights.org they can pay for them under a buy it now or they can call me to order them. Thanks again!!
Karie Lynn
218-851-7082Sheila Kromer <sheiladk@comcast.net> wrote:
Hey Karie - I can have this posted on the web site. How big are your buttons and what is the cost? Let me know and then we will go ahead and post on the website.
Sheila
----- Original Message -----
From: Karie Lynn
To: sheiladk@comcast.net
Sent: Tuesday, March 04, 2008 6:46 PM
Subject: Buttons
Hey there Sheila! My name is Karie Lynn and I got your info from Birdie Johnson. She said she would let you know that I would be getting in touch with you. I own and operate Karie Lynn Karaoke and Dj's and I make buttons as well as many other things. As you know I am sure, things are very slow in the bar areas right now, and so I could use the extra buttons sales. Birdie said that you could get my info on the web site for buttons. Anyway, I am looking forward to hearing from you. Thank you so much for your time.....
Karie Lynn
218-851-7082
www.karielynn.com
www.livenights.org
Sheila
----- Original Message -----
From: Karie Lynn
To: Sheila Kromer
Sent: Wednesday, March 05, 2008 7:58 AM
Subject: Re: Buttons
Hey there Sheila! Thanks!!
They are 3 inches and 100-499 cost is .70 and anything over 500 is .55. Thanks and if they go to www.livenights.org they can pay for them under a buy it now or they can call me to order them. Thanks again!!
Karie Lynn
218-851-7082Sheila Kromer <sheiladk@comcast.net> wrote:
Hey Karie - I can have this posted on the web site. How big are your buttons and what is the cost? Let me know and then we will go ahead and post on the website.
Sheila
----- Original Message -----
From: Karie Lynn
To: sheiladk@comcast.net
Sent: Tuesday, March 04, 2008 6:46 PM
Subject: Buttons
Hey there Sheila! My name is Karie Lynn and I got your info from Birdie Johnson. She said she would let you know that I would be getting in touch with you. I own and operate Karie Lynn Karaoke and Dj's and I make buttons as well as many other things. As you know I am sure, things are very slow in the bar areas right now, and so I could use the extra buttons sales. Birdie said that you could get my info on the web site for buttons. Anyway, I am looking forward to hearing from you. Thank you so much for your time.....
Karie Lynn
218-851-7082
www.karielynn.com
www.livenights.org
New bill just introduced in the legislature. "Note Increase tobacco impact fees" In my book that is a tax increase.
Thissen from the Committee on Health and Human Services to which was referred:
H. F. No. 3390, A bill for an act relating to public health; establishing a public health access fund; establishing a
program to monitor BMI in children; establishing a statewide health improvement program; increasing the tobacco impact fees; appropriating money; amending Minnesota Statutes 2006, sections 16A.725, subdivision 1; 256.9658,
subdivisions 3, 9; Minnesota Statutes 2007 Supplement, section 120B.021, subdivision 1; proposing coding for new
law in Minnesota Statutes, chapters 16A; 120B; 145.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1. Minnesota Statutes 2007 Supplement, section 120B.021, subdivision 1, is amended to read:
Subdivision 1. Required academic standards. (a) The following subject areas are required for statewide
accountability:
(1) language arts;
(2) mathematics;
84TH DAY] MONDAY, MARCH 3, 2008 8017
(3) science;
(4) social studies, including history, geography, economics, and government and citizenship;
(5) health, nutrition, and physical education, for which locally developed academic standards apply; and
(6) the arts, for which statewide or locally developed academic standards apply, as determined by the school
district. Public elementary and middle schools must offer at least three and require at least two of the following four
arts areas: dance; music; theater; and visual arts. Public high schools must offer at least three and require at least
one of the following five arts areas: media arts; dance; music; theater; and visual arts.
(b) The commissioner must submit proposed standards in science and social studies to the legislature by
February 1, 2004.
For purposes of applicable federal law, the academic standards for language arts, mathematics, and science apply to
all public school students, except the very few students with extreme cognitive or physical impairments for whom an
individualized education plan team has determined that the required academic standards are inappropriate. An
individualized education plan team that makes this determination must establish alternative standards.
(c) A school district, no later than the 2007-2008 school year, must adopt graduation requirements that meet or
exceed state graduation requirements established in law or rule. A school district that incorporates these state
graduation requirements before the 2007-2008 school year must provide students who enter the 9th grade in or
before the 2003-2004 school year the opportunity to earn a diploma based on existing locally established graduation
requirements in effect when the students entered the 9th grade. District efforts to develop, implement, or improve
instruction or curriculum as a result of the provisions of this section must be consistent with sections 120B.10,
120B.11, and 120B.20.
(d) The commissioner must include the contributions of Minnesota American Indian tribes and communities as
they relate to the academic standards during the review and revision of the required academic standards.
EFFECTIVE DATE. This section is effective for the 2008-2009 school year and later.
Sec. 2. [120B.0215] BMI MONITORING IN CHILDREN AND YOUTH.
By July 1, 2009, the commissioners of education and health shall collaboratively establish and implement a costeffective
program to monitor rates of overweight and obese children in the state by collecting and analyzing Body
Mass Index (BMI) data. To the extent possible, in establishing this BMI monitoring program, the commissioners
shall use existing child and youth monitoring systems or surveys. The BMI data collected must be used to measure
progress in reducing the percentage of overweight and obese children in the state, and must be used to accurately
target intervention and prevention services throughout the state. To the extent necessary for implementation and
analysis, the Departments of Education and Health may share data collected under this program, consistent with the
requirements in chapter 13. Analysis of the data collected and trends in overweight and obese children in the state
must be reported according to section 3.195 to the legislature every other year, starting January 15, 2010. By
January 1, 2009, the commissioners must report to the legislature on the proposed design of the BMI monitoring
program, and any local or statewide cost considerations.
Sec. 3. [145.986] STATEWIDE HEALTH IMPROVEMENT PROGRAM.
Subdivision 1. Goals. The initial goals of the public health improvement program are to reduce the percentage
of Minnesotans who are obese or overweight to less than half by the year 2020 and to reduce tobacco smoking by
two percent annually starting in 2011. By 2011, and considering available funding, the commissioner of health, in
consultation with the State Community Health Advisory Committee established in section 145A.10, subdivision 10,
and other stakeholders, may make recommendations as to future goals related to alcohol use and illegal drug use.
8018 JOURNAL OF THE HOUSE [84TH DAY
Subd. 2. Funding local communities. Beginning January 1, 2009, the commissioner of health must provide
funding to community health boards to convene, coordinate, and lead locally developed programs targeted at
achieving measurable health improvement goals. Funding to each community health board will be distributed based
on a per capita formula, with a base allocation of $50,000 to each community health board that receives funding. By
January 15, 2011, the commissioner of health must recommend whether additional funding should be distributed to
community health boards based on health disparities demonstrated in the populations served.
Subd. 3. Outcomes. (a) The commissioner of health must set performance measures and annually review the
progress of local communities in improving the performance measures. The commissioner may provide technical
assistance and corrective action plans to ensure that local communities are making sufficient progress.
(b) The commissioner must measure current public health data, using existing measures and data collection
systems when available, to determine baseline data against which progress shall be monitored.
Subd. 4. Media campaign. The commissioner of health must conduct a statewide marketing campaign using
public media to reinforce local efforts at addressing health improvement goals. The commissioner must develop the
statewide campaigns and determine the timing of these campaigns in consultation with local public health
representatives.
H. F. No. 3390, A bill for an act relating to public health; establishing a public health access fund; establishing a
program to monitor BMI in children; establishing a statewide health improvement program; increasing the tobacco impact fees; appropriating money; amending Minnesota Statutes 2006, sections 16A.725, subdivision 1; 256.9658,
subdivisions 3, 9; Minnesota Statutes 2007 Supplement, section 120B.021, subdivision 1; proposing coding for new
law in Minnesota Statutes, chapters 16A; 120B; 145.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1. Minnesota Statutes 2007 Supplement, section 120B.021, subdivision 1, is amended to read:
Subdivision 1. Required academic standards. (a) The following subject areas are required for statewide
accountability:
(1) language arts;
(2) mathematics;
84TH DAY] MONDAY, MARCH 3, 2008 8017
(3) science;
(4) social studies, including history, geography, economics, and government and citizenship;
(5) health, nutrition, and physical education, for which locally developed academic standards apply; and
(6) the arts, for which statewide or locally developed academic standards apply, as determined by the school
district. Public elementary and middle schools must offer at least three and require at least two of the following four
arts areas: dance; music; theater; and visual arts. Public high schools must offer at least three and require at least
one of the following five arts areas: media arts; dance; music; theater; and visual arts.
(b) The commissioner must submit proposed standards in science and social studies to the legislature by
February 1, 2004.
For purposes of applicable federal law, the academic standards for language arts, mathematics, and science apply to
all public school students, except the very few students with extreme cognitive or physical impairments for whom an
individualized education plan team has determined that the required academic standards are inappropriate. An
individualized education plan team that makes this determination must establish alternative standards.
(c) A school district, no later than the 2007-2008 school year, must adopt graduation requirements that meet or
exceed state graduation requirements established in law or rule. A school district that incorporates these state
graduation requirements before the 2007-2008 school year must provide students who enter the 9th grade in or
before the 2003-2004 school year the opportunity to earn a diploma based on existing locally established graduation
requirements in effect when the students entered the 9th grade. District efforts to develop, implement, or improve
instruction or curriculum as a result of the provisions of this section must be consistent with sections 120B.10,
120B.11, and 120B.20.
(d) The commissioner must include the contributions of Minnesota American Indian tribes and communities as
they relate to the academic standards during the review and revision of the required academic standards.
EFFECTIVE DATE. This section is effective for the 2008-2009 school year and later.
Sec. 2. [120B.0215] BMI MONITORING IN CHILDREN AND YOUTH.
By July 1, 2009, the commissioners of education and health shall collaboratively establish and implement a costeffective
program to monitor rates of overweight and obese children in the state by collecting and analyzing Body
Mass Index (BMI) data. To the extent possible, in establishing this BMI monitoring program, the commissioners
shall use existing child and youth monitoring systems or surveys. The BMI data collected must be used to measure
progress in reducing the percentage of overweight and obese children in the state, and must be used to accurately
target intervention and prevention services throughout the state. To the extent necessary for implementation and
analysis, the Departments of Education and Health may share data collected under this program, consistent with the
requirements in chapter 13. Analysis of the data collected and trends in overweight and obese children in the state
must be reported according to section 3.195 to the legislature every other year, starting January 15, 2010. By
January 1, 2009, the commissioners must report to the legislature on the proposed design of the BMI monitoring
program, and any local or statewide cost considerations.
Sec. 3. [145.986] STATEWIDE HEALTH IMPROVEMENT PROGRAM.
Subdivision 1. Goals. The initial goals of the public health improvement program are to reduce the percentage
of Minnesotans who are obese or overweight to less than half by the year 2020 and to reduce tobacco smoking by
two percent annually starting in 2011. By 2011, and considering available funding, the commissioner of health, in
consultation with the State Community Health Advisory Committee established in section 145A.10, subdivision 10,
and other stakeholders, may make recommendations as to future goals related to alcohol use and illegal drug use.
8018 JOURNAL OF THE HOUSE [84TH DAY
Subd. 2. Funding local communities. Beginning January 1, 2009, the commissioner of health must provide
funding to community health boards to convene, coordinate, and lead locally developed programs targeted at
achieving measurable health improvement goals. Funding to each community health board will be distributed based
on a per capita formula, with a base allocation of $50,000 to each community health board that receives funding. By
January 15, 2011, the commissioner of health must recommend whether additional funding should be distributed to
community health boards based on health disparities demonstrated in the populations served.
Subd. 3. Outcomes. (a) The commissioner of health must set performance measures and annually review the
progress of local communities in improving the performance measures. The commissioner may provide technical
assistance and corrective action plans to ensure that local communities are making sufficient progress.
(b) The commissioner must measure current public health data, using existing measures and data collection
systems when available, to determine baseline data against which progress shall be monitored.
Subd. 4. Media campaign. The commissioner of health must conduct a statewide marketing campaign using
public media to reinforce local efforts at addressing health improvement goals. The commissioner must develop the
statewide campaigns and determine the timing of these campaigns in consultation with local public health
representatives.
Tuesday, March 4, 2008
Latest "Range" count of bars with "smoking theater".
Sent: Monday, March 03, 2008 9:14 PM
Subject: [PHISH]
BY THE WAY... LATEST COUNT
5-VIRGINIA
6-BIWABIK
6-GILBERT
1-EVELETH
2-BABBITT
2-CHISHOLM
1-INTER FALLS
Subject: [PHISH]
BY THE WAY... LATEST COUNT
5-VIRGINIA
6-BIWABIK
6-GILBERT
1-EVELETH
2-BABBITT
2-CHISHOLM
1-INTER FALLS
List of "Smoking Theater" documents and rules.
Made for a specific bar but they can be modified.
http://www.network-masters.net/smokedocs.html
Here are sample documents related to the "smoking theater". You can "cut and paste" if you need want to reproduce or modfy for specific use. --> -->
smoking_indoor_ordinance.doc
Smoking_play_programs.doc
smoking_rules_for_bartenders.doc
smoking_theater_night_poster.doc
ACTOR_TAGS.doc
xxxxxxxxxxxxxxxxxxxxxxx
http://www.network-masters.net/statute.html
http://www.network-masters.net/sampleplaybill.html
http://www.network-masters.net/bartendrules.html
http://www.network-masters.net/poster.html
http://www.network-masters.net/tags.html
http://www.network-masters.net/tagprints.html
http://www.network-masters.net/smokedocs.html
Here are sample documents related to the "smoking theater". You can "cut and paste" if you need want to reproduce or modfy for specific use. --> -->
smoking_indoor_ordinance.doc
Smoking_play_programs.doc
smoking_rules_for_bartenders.doc
smoking_theater_night_poster.doc
ACTOR_TAGS.doc
xxxxxxxxxxxxxxxxxxxxxxx
http://www.network-masters.net/statute.html
http://www.network-masters.net/sampleplaybill.html
http://www.network-masters.net/bartendrules.html
http://www.network-masters.net/poster.html
http://www.network-masters.net/tags.html
http://www.network-masters.net/tagprints.html
Sunday, March 2, 2008
From Shiela Kromer: Subject: Theater Night Update 03-02-08
Subject: Theater Night Update 3-2-08
Hello Everyone,
Mark passed your e-mail's on to me. I am Sheila Kromer, my husband and I own Barnacle's Resort on Mille Lacs. The smoking ban has hurt us and that is why I looked into theatre performances. I've known about this exemption since they introduced it into the bill during conference committee, I was there when they did it at the Capitol. I was looking for a lawyer to interpret this exemption for me when I was hooked up with Mark Benjamin. You see, he was looking for 3 months for a bar to do it but all the ones he approached were afraid. My loss in business was more than enough to overcome any fears.
Basically, this is how it works. You must put up posters and pass out playbills (Mark sent these to you). Any customer can be a performer but you must be able to tell the performers from the non-performers. To do this, we had buttons made up that said "Act Now!" That way, if asked by local law enforcement we would be able to distinguish. According to the law, performers can smoke. Our whole bar is the stage and anyone that wants to be a performer can be ...they just have to purchase a button. Any one that smokes and is NOT a performer MUST put their cigarette out.
We purchase our buttons through Tammi (T&T Designs), her number is 1-218-326-1355 and they cost 0.75 each. You can call her anytime and she ships the buttons out right away. She has had many orders. Once our customers purchase a button, they can use it on any theatre night and do not have to purchase another one.
It has helped our business tremendously. Lisa (in Hill City- Mike's Uptown) has tripled her business on a Saturday night. The Rock Night Club (in the cities) had their 1st theatre night a week ago Tuesday and they had 400 people compared to their normal 200 people on Tuesdays. The Rock Night Club is now having theatre performances every day of the week from 11AM TO 2AM. Some bars on the Iron Range are also having theirs daily. We have ours on Friday & Saturday nights and have done it for 4 weekends now.
The first night we did it, earlier in the day we called our local law enforcement and told them we were having a theatre performance and they may get calls cause their might be smoking. The city attorneys (Aitkin) checked out the law and said as long as we had our posters (stating there would be smoking) and the playbills then we would be within the law and good to go. We did have a complaint the first night, so the sheriff came out and checked us out (he asked for a playbill) and then said have a good night and left with a smile on his face. By law they are required to come out when they have a complaint. It was no big deal.
To date No citations have been issued to anyone. There are some "scare" tactics going on from some area's such as Moorhead & Albert Lea but Mark has confronted these and we haven't heard anything since. Overall, theater nights have been and are continuing to be a great success. I'm sure you have read articles and seen news reports about "plugging" the loop hole....first of all it is not a loophole but a legal exemption. Secondly, they cannot legally "plug" the so called loophole without first opening the statute...and to open the statute gives us our foot in the door. We have legislators standing by with amendents as soon as they open that door. We have a very close eye on what the legislators are doing at the Capitol. It would be very helpful for us for all of you to call or e-mail your legislators...if you don not know who they are send me an e-mail and I'll find out and let you know. Also, get your customers to e-mail or call....it is VERY important!! We only lost last years vote for exemptions by ~ 4 vots or so....if they wouldn't have had the vote on opening fishing weekend...the ending may have been different.
Please visit the http://freedomtoact.com/. This website is run by Greg Lang and we try to post all of our information here. Playbills are posted, listing of bars, video's, articles, etc....
Greg has taken up our cause and believes in our fight...so please e-mail (on his website) and thank him for all his hard work and efforts. He has been just tremendous!! On his website, make sure you click on the following 2 links (lots more information):
http://freedomtoact.blogspot.com/
Minnesota smoking ban theater
Mark Benjamin is a true hero and has taken on this cause because it is right. I cannot say enough good things about Mark! His message is (and rightly so)...public health includes social and economic health! Mark has done numerous radio, paper and tv interviews. They include KSTP, WCCO, Kare 11, WDAY AM Radio (Fargo), radio station in England, Canadian Broadcasting Corporation's "As It Happens" show, Don Shelby AM 830, Willie & Jay AM 1500, Joe Soucharey AM 1500, KFAN, KQRS, KTLK, radio station in Iowa, Pioneer Press, Star & Trib, Duluth News, Nitetimes magazine, Minnesota Lawyer, etc....
He has been very busy and there are more on the docket. The http://freedomtoact.com/. website includes a lot of his work...so please check it out and pass it along.
Just a few comments below to enjoy!
Ann Lake Bar & Grill just started their performances and it went well. They will be doing repeats 7 days a week...4pm to close. No complaints and no police showed up.
Mike's Uptown (Hill city) had the mayor kick off their performance.
Old Clover Inn (White Bear Lake) started their performances last weekend and are planning on going to daily & nightly performances. Their first theater night was the best night they had in 3 months.
From Mark Benjamin:
Here's a story from my own backyard, complete with video:http://www.northstarmedia.net/star/STARHome/5731AAEF-0BB6-4639-AEAA-4827C923FF5F.html
Glad things went well at Smitty's Border Bar last night for your first Theater Night there.
> Hey Mark great job, thanks alot for all your help. What a ride we are on, i really appreciate all you and Sheila have done! Take care. Thanks again. Lisa at mike's in Hill City.
> 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.
MARK- GOT THE OK FROM VIRGINIA'S CITY ATTORNEY TODAY. WE ARE HAVING NIGHTLY PERFORMANCES STARTING THURSDAY, FEB 21. THANKS FOR THE HELP.
Sheila,
I wanted to thank you for your effort and diligence in fighting the smoking ban. I'm very happy that you and Mr. Benjamin are able to offer these "performances", and I'm hoping that at some point, my wife and I will be able to attend. I'm curious, do a lot of non-smokers come to these events? I know there are a lot of non-smokers who think the smoking ban is rediculous, so I would suspect that there are some who show up for these performances.
Anyway, I wanted to drop a note with my support, and hope there are many bars that pick up on this idea!
Shawn Gertken
Rochester, MN
If complaints are called in to the Law Enforcement in Ramsey County their response has been : There is nothing they can do if the proper posters & playbills are in place advising there might be smoking.
That's all for now. Please feel free to e-mail or call me. We are all in this together! Mark and I thank all of you for your courage and standing up to those legislators who are quoted in the Pioneer Press (3-28-07) as saying, "the cost of losing some smoker-dependent bars is worth the health care savings from reducing second hand smoke". We of coarse, disagree with this statement. Especially in light of the most recent study that indicates smoker's health care costs are less than that for healthy people. Remember....public health includes social and economic health!
Sheila Kromer
651-426-8743
sheiladk@comcast.net
Mark Benjamin
markbenjamin@msn.com
Hello Everyone,
Mark passed your e-mail's on to me. I am Sheila Kromer, my husband and I own Barnacle's Resort on Mille Lacs. The smoking ban has hurt us and that is why I looked into theatre performances. I've known about this exemption since they introduced it into the bill during conference committee, I was there when they did it at the Capitol. I was looking for a lawyer to interpret this exemption for me when I was hooked up with Mark Benjamin. You see, he was looking for 3 months for a bar to do it but all the ones he approached were afraid. My loss in business was more than enough to overcome any fears.
Basically, this is how it works. You must put up posters and pass out playbills (Mark sent these to you). Any customer can be a performer but you must be able to tell the performers from the non-performers. To do this, we had buttons made up that said "Act Now!" That way, if asked by local law enforcement we would be able to distinguish. According to the law, performers can smoke. Our whole bar is the stage and anyone that wants to be a performer can be ...they just have to purchase a button. Any one that smokes and is NOT a performer MUST put their cigarette out.
We purchase our buttons through Tammi (T&T Designs), her number is 1-218-326-1355 and they cost 0.75 each. You can call her anytime and she ships the buttons out right away. She has had many orders. Once our customers purchase a button, they can use it on any theatre night and do not have to purchase another one.
It has helped our business tremendously. Lisa (in Hill City- Mike's Uptown) has tripled her business on a Saturday night. The Rock Night Club (in the cities) had their 1st theatre night a week ago Tuesday and they had 400 people compared to their normal 200 people on Tuesdays. The Rock Night Club is now having theatre performances every day of the week from 11AM TO 2AM. Some bars on the Iron Range are also having theirs daily. We have ours on Friday & Saturday nights and have done it for 4 weekends now.
The first night we did it, earlier in the day we called our local law enforcement and told them we were having a theatre performance and they may get calls cause their might be smoking. The city attorneys (Aitkin) checked out the law and said as long as we had our posters (stating there would be smoking) and the playbills then we would be within the law and good to go. We did have a complaint the first night, so the sheriff came out and checked us out (he asked for a playbill) and then said have a good night and left with a smile on his face. By law they are required to come out when they have a complaint. It was no big deal.
To date No citations have been issued to anyone. There are some "scare" tactics going on from some area's such as Moorhead & Albert Lea but Mark has confronted these and we haven't heard anything since. Overall, theater nights have been and are continuing to be a great success. I'm sure you have read articles and seen news reports about "plugging" the loop hole....first of all it is not a loophole but a legal exemption. Secondly, they cannot legally "plug" the so called loophole without first opening the statute...and to open the statute gives us our foot in the door. We have legislators standing by with amendents as soon as they open that door. We have a very close eye on what the legislators are doing at the Capitol. It would be very helpful for us for all of you to call or e-mail your legislators...if you don not know who they are send me an e-mail and I'll find out and let you know. Also, get your customers to e-mail or call....it is VERY important!! We only lost last years vote for exemptions by ~ 4 vots or so....if they wouldn't have had the vote on opening fishing weekend...the ending may have been different.
Please visit the http://freedomtoact.com/. This website is run by Greg Lang and we try to post all of our information here. Playbills are posted, listing of bars, video's, articles, etc....
Greg has taken up our cause and believes in our fight...so please e-mail (on his website) and thank him for all his hard work and efforts. He has been just tremendous!! On his website, make sure you click on the following 2 links (lots more information):
http://freedomtoact.blogspot.com/
Minnesota smoking ban theater
Mark Benjamin is a true hero and has taken on this cause because it is right. I cannot say enough good things about Mark! His message is (and rightly so)...public health includes social and economic health! Mark has done numerous radio, paper and tv interviews. They include KSTP, WCCO, Kare 11, WDAY AM Radio (Fargo), radio station in England, Canadian Broadcasting Corporation's "As It Happens" show, Don Shelby AM 830, Willie & Jay AM 1500, Joe Soucharey AM 1500, KFAN, KQRS, KTLK, radio station in Iowa, Pioneer Press, Star & Trib, Duluth News, Nitetimes magazine, Minnesota Lawyer, etc....
He has been very busy and there are more on the docket. The http://freedomtoact.com/. website includes a lot of his work...so please check it out and pass it along.
Just a few comments below to enjoy!
Ann Lake Bar & Grill just started their performances and it went well. They will be doing repeats 7 days a week...4pm to close. No complaints and no police showed up.
Mike's Uptown (Hill city) had the mayor kick off their performance.
Old Clover Inn (White Bear Lake) started their performances last weekend and are planning on going to daily & nightly performances. Their first theater night was the best night they had in 3 months.
From Mark Benjamin:
Here's a story from my own backyard, complete with video:http://www.northstarmedia.net/star/STARHome/5731AAEF-0BB6-4639-AEAA-4827C923FF5F.html
Glad things went well at Smitty's Border Bar last night for your first Theater Night there.
> Hey Mark great job, thanks alot for all your help. What a ride we are on, i really appreciate all you and Sheila have done! Take care. Thanks again. Lisa at mike's in Hill City.
> 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.
MARK- GOT THE OK FROM VIRGINIA'S CITY ATTORNEY TODAY. WE ARE HAVING NIGHTLY PERFORMANCES STARTING THURSDAY, FEB 21. THANKS FOR THE HELP.
Sheila,
I wanted to thank you for your effort and diligence in fighting the smoking ban. I'm very happy that you and Mr. Benjamin are able to offer these "performances", and I'm hoping that at some point, my wife and I will be able to attend. I'm curious, do a lot of non-smokers come to these events? I know there are a lot of non-smokers who think the smoking ban is rediculous, so I would suspect that there are some who show up for these performances.
Anyway, I wanted to drop a note with my support, and hope there are many bars that pick up on this idea!
Shawn Gertken
Rochester, MN
If complaints are called in to the Law Enforcement in Ramsey County their response has been : There is nothing they can do if the proper posters & playbills are in place advising there might be smoking.
That's all for now. Please feel free to e-mail or call me. We are all in this together! Mark and I thank all of you for your courage and standing up to those legislators who are quoted in the Pioneer Press (3-28-07) as saying, "the cost of losing some smoker-dependent bars is worth the health care savings from reducing second hand smoke". We of coarse, disagree with this statement. Especially in light of the most recent study that indicates smoker's health care costs are less than that for healthy people. Remember....public health includes social and economic health!
Sheila Kromer
651-426-8743
sheiladk@comcast.net
Mark Benjamin
markbenjamin@msn.com
Sheila Kromer of Barnacles, email to me.
Hey Greg - The article below contains a picture of the flowers that the legislators sent to me at Barnacles....can we post on your web site? I don't know who that lady is...but it couldn't be me (HA HA).
http://millelacsmessenger.com/main.asp?SectionID=1&SubSectionID=1&ArticleID=17871&TM=72876.26
thanks
Sheila
http://millelacsmessenger.com/main.asp?SectionID=1&SubSectionID=1&ArticleID=17871&TM=72876.26
thanks
Sheila
Cambridge Star Article on smoking theater. Lawyer Mark W. Benjamin's neck of the woods.
Dusty Eagle Grill & Bar maps.google.com
5183 Highway 47 NW
Dalbo, MN 55017
(763) 689-5642
Get directions
click on picture to play video.
http://www.northstarmedia.net/star/STARHome/5731AAEF-0BB6-4639-AEAA-4827C923FF5F.html
5183 Highway 47 NW
Dalbo, MN 55017
(763) 689-5642
Get directions
click on picture to play video.
http://www.northstarmedia.net/star/STARHome/5731AAEF-0BB6-4639-AEAA-4827C923FF5F.html
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