http://www.health.state.mn.us/divs/eh/indoorair/mciaa/ftb/docs/F2BTheater.pdf
Saturday, March 22, 2008
Sabins Ticketed: Sabins Bar 2 W. Lake St. Chisholm, MN 55719
Sent: Friday, March 21, 2008 9:46 PM
Subject: Sabins Ticketed
Hello Mark,
My husband Mike just got a ticket. Believe it or not, one of our competitors down the street (Jims Sportsclub) called in the complaint. It was not even one of our customers. As a matter of fact, we have never gotten a complaint from a customer. Even the non-smokers that come to our bar support us. I guess they were pissed we had all of ten people in the bar, and we have a band. Anyway, Mike is the only one that got a ticket. The court date is Apr 14th. Its too bad the people that should be supporting us, are not. Sheila, go ahead and post.
Thanks,
Terri Horridge
Sabins Bar
2 W. Lake St.
Chisholm, MN 55719
218-254-2318
thorridge@fnbcnet.com
Subject: Sabins Ticketed
Hello Mark,
My husband Mike just got a ticket. Believe it or not, one of our competitors down the street (Jims Sportsclub) called in the complaint. It was not even one of our customers. As a matter of fact, we have never gotten a complaint from a customer. Even the non-smokers that come to our bar support us. I guess they were pissed we had all of ten people in the bar, and we have a band. Anyway, Mike is the only one that got a ticket. The court date is Apr 14th. Its too bad the people that should be supporting us, are not. Sheila, go ahead and post.
Thanks,
Terri Horridge
Sabins Bar
2 W. Lake St.
Chisholm, MN 55719
218-254-2318
thorridge@fnbcnet.com
Thursday, March 20, 2008
Minneapolis Star Tribune netlets (letter from reader) 03-19-08
http://www.startribune.com/opinion/letters/16819996.html
As bar owners continue to host "theater night" and pack in people, when will the message reach state agencies and the Legislature that Minnesotans' rights as business owners are being restricted by intrusive legislation?
The state Department of Health, in the March 5 article, claims that bar owners are violating the spirit of the ban ("Health officials to bars: No more theatrics," March 6). Why is it OK for the "spirit" of free enterprise and the constitutional right to pursue happiness to be ruthlessly savaged by the state of Minnesota's governing bodies?
The notion that smoking is bad for you and those around you is a debate of agreeable differences. The fact that society wants to trample upon the rights of a business owner is tragic. The state should reverse the smoking ban and replace it with an ordinance that requires all bars and restaurants to display on the outside of their building if they are smoking or nonsmoking establishments. If society truly believes that smoking is bad, then the smoking establishments will lose patronage and employees. Let the market dictate the rules of the game.
CHRIS LUND, HAMBURG
As bar owners continue to host "theater night" and pack in people, when will the message reach state agencies and the Legislature that Minnesotans' rights as business owners are being restricted by intrusive legislation?
The state Department of Health, in the March 5 article, claims that bar owners are violating the spirit of the ban ("Health officials to bars: No more theatrics," March 6). Why is it OK for the "spirit" of free enterprise and the constitutional right to pursue happiness to be ruthlessly savaged by the state of Minnesota's governing bodies?
The notion that smoking is bad for you and those around you is a debate of agreeable differences. The fact that society wants to trample upon the rights of a business owner is tragic. The state should reverse the smoking ban and replace it with an ordinance that requires all bars and restaurants to display on the outside of their building if they are smoking or nonsmoking establishments. If society truly believes that smoking is bad, then the smoking establishments will lose patronage and employees. Let the market dictate the rules of the game.
CHRIS LUND, HAMBURG
Wednesday, March 19, 2008
Can We Post: Letter to Dille and Urdahl
Greg - Can we post.
----- Original Message -----
From: Lia Nistler
Sent: Tuesday, March 18, 2008 12:22 PM
Subject: Letter to Dille and Urdahl
Hello- had to send something off. I would hope the rest of you consider the same. Just tell it as you see it. Nothing fancy, nothing as long as I wrote, just tell them how you feel. Even if it is ,'Please support and amenndment to the smoking ban on behalf of my establishment.' Also, leave a contact number and offer to talk to them.Good luck everyone!Keep up the good work!
Hello-
I am writing both of you, as elected officials from my area, and asking you to support an amendment to the Smoking Ban for exemptions. These have been introduced in the House as HF4032 and in the Senate as S3727.0
I was very disappointed with the passing and enactment of a total smoking ban, as there were no options offered to the small businesses that would face the brunt of this act. I am mostly speaking on behalf of the small bars in Meeker County and rural Minnesota.
Many of these establishments have been in our communities for many years. They are social gathering places for the local people and regular customers. They are the places people stop by to say "hello" when they return home for a holiday or special occasion. Once in awhile, new people do come in, however it is usually in passing through. Because of the rural area, there is not an influx of new customers to attract.
These are the businesses that were promised by the Anti Smokers that they would benefit from the smoking ban. That has not happened. In fact, if you would talk directly with the bars themselves, you will hear that liquor sales and business has not increased, but decreased. Many have cut back their hours of operation. Many bartenders have seen a decrease in their hours worked and in their tips. Many of the bars do not have much option for changing their businesses focus– for example, adding a kitchen to do food, adding a patio because they don’t have room, or again, changing their customer base to attract more business. There just isn’t much of a customer base to attract except what is in our small rural areas anyhow. Many have raised their prices just to make up the difference.
With a revenue problem facing the State of Minnesota, I would think that it would be in the best interest of these businesses for allowing the free enterprise market to handle the smoking/non-smoking issue. A customer base has been alienated and businesses are not allowed to operate as they have in the past.
I know that the amendment versions are written for the 50/50 option. However, there are other ways to handle this issue. Why not consider having businesses that want to have the choice to allow smoking, pay a FEE (Heck, they aren’t taxes anymore) and Post Clearly that they allow smoking? The business would benefit, in increased sales and revenue to the State and the State would also get a FEE on top of that. The posting would tell the Anti Smokers that there is smoking and they then have the choice to seek out businesses that want to be smoke free.
The Anti’s would have you believe that it is all about Employee health and Customer Health. I do not know of one person who goes to a bar for their health. It is a social activity. If it was about employee health, there would have been a bigger line of employees and customers testifying last spring at the hearings. NOT Blue Cross Blue Shield, Public Health Officials, Paid Anti-Smoking lobbyists like American Lung Association and the American Cancer Society. These people do not frequent the small town/rural/ blue-collar neighborhood bars anyway. They won’t frequent these bars either because of their nature.
However, your small town bars are not seeing an increase in business due to the smoking ban. I have encouraged many of your area bars to let you know their situation. However, I would hope you would stop in, purchase a beverage of your choice and ask them, “How has business been the last 6 months?” They would mostly appreciate that you are showing concern about their business and also contributing a little to their bottom line.
Thank you for your time and work on behalf of us who elected you. I would hope you would consider representing us and for our benefit.
Lia Nistler – Former Bar Owner, Watkins, MN (Depending on the former bar to make my settlement payments from the divorce, so I still have a vested interest!)
Written on behalf of Meeker County Business and Citizens for the Freedom to Choose
241 Cedar Avenue S
Watkins, MN 55389
320-764-2530
----- Original Message -----
From: Lia Nistler
Sent: Tuesday, March 18, 2008 12:22 PM
Subject: Letter to Dille and Urdahl
Hello- had to send something off. I would hope the rest of you consider the same. Just tell it as you see it. Nothing fancy, nothing as long as I wrote, just tell them how you feel. Even if it is ,'Please support and amenndment to the smoking ban on behalf of my establishment.' Also, leave a contact number and offer to talk to them.Good luck everyone!Keep up the good work!
Hello-
I am writing both of you, as elected officials from my area, and asking you to support an amendment to the Smoking Ban for exemptions. These have been introduced in the House as HF4032 and in the Senate as S3727.0
I was very disappointed with the passing and enactment of a total smoking ban, as there were no options offered to the small businesses that would face the brunt of this act. I am mostly speaking on behalf of the small bars in Meeker County and rural Minnesota.
Many of these establishments have been in our communities for many years. They are social gathering places for the local people and regular customers. They are the places people stop by to say "hello" when they return home for a holiday or special occasion. Once in awhile, new people do come in, however it is usually in passing through. Because of the rural area, there is not an influx of new customers to attract.
These are the businesses that were promised by the Anti Smokers that they would benefit from the smoking ban. That has not happened. In fact, if you would talk directly with the bars themselves, you will hear that liquor sales and business has not increased, but decreased. Many have cut back their hours of operation. Many bartenders have seen a decrease in their hours worked and in their tips. Many of the bars do not have much option for changing their businesses focus– for example, adding a kitchen to do food, adding a patio because they don’t have room, or again, changing their customer base to attract more business. There just isn’t much of a customer base to attract except what is in our small rural areas anyhow. Many have raised their prices just to make up the difference.
With a revenue problem facing the State of Minnesota, I would think that it would be in the best interest of these businesses for allowing the free enterprise market to handle the smoking/non-smoking issue. A customer base has been alienated and businesses are not allowed to operate as they have in the past.
I know that the amendment versions are written for the 50/50 option. However, there are other ways to handle this issue. Why not consider having businesses that want to have the choice to allow smoking, pay a FEE (Heck, they aren’t taxes anymore) and Post Clearly that they allow smoking? The business would benefit, in increased sales and revenue to the State and the State would also get a FEE on top of that. The posting would tell the Anti Smokers that there is smoking and they then have the choice to seek out businesses that want to be smoke free.
The Anti’s would have you believe that it is all about Employee health and Customer Health. I do not know of one person who goes to a bar for their health. It is a social activity. If it was about employee health, there would have been a bigger line of employees and customers testifying last spring at the hearings. NOT Blue Cross Blue Shield, Public Health Officials, Paid Anti-Smoking lobbyists like American Lung Association and the American Cancer Society. These people do not frequent the small town/rural/ blue-collar neighborhood bars anyway. They won’t frequent these bars either because of their nature.
However, your small town bars are not seeing an increase in business due to the smoking ban. I have encouraged many of your area bars to let you know their situation. However, I would hope you would stop in, purchase a beverage of your choice and ask them, “How has business been the last 6 months?” They would mostly appreciate that you are showing concern about their business and also contributing a little to their bottom line.
Thank you for your time and work on behalf of us who elected you. I would hope you would consider representing us and for our benefit.
Lia Nistler – Former Bar Owner, Watkins, MN (Depending on the former bar to make my settlement payments from the divorce, so I still have a vested interest!)
Written on behalf of Meeker County Business and Citizens for the Freedom to Choose
241 Cedar Avenue S
Watkins, MN 55389
320-764-2530
Barnacles sales numbers and collected postings.
Some have been posted already and others will be posted but feel free to click links now. Barnacles sales numbers on bottom.
Greg - Can these be posted on your front page with your links. (I know some already are).
Thanks
Sheila
----- Original Message -----
From: Sheila Kromer
Sent: Wednesday, March 19, 2008 12:01 AM
Subject: Update 3-18-08 Theater Nights
Hello Everyone,
Here is sampling of updates that will be posted on the www.freedomtoact.com website. Some are already posted.
Keep up the good work everybody and hang in there!
Thanks for everyone's support!
Sheila Kromer & Mark Benjamin
Forces.org Site with latest articles
http://forces.org/News_Portal/
Mark's interview with Forces.org
http://forces.org/News_Portal/news_viewer.php?id=923
Force's Article direct link
http://forces.org/News_Portal/news_viewer.php?id=924
WDIO (Duluth) News Video 3-17-08 (Smoking Ban: State Says They Don't Know What, If Any, Enforcement Is Coming)
http://www.wdio.com/article/stories/S381815.shtml
Threat to Sabin Bar Owners 3-17-08
already posted on www.freedomtoact.com website
Threat to Smitty's bar & Grill
Will be posted soon on www.freedomtoact.com website
Mike's Uptown Letter to Reps 3-17-08
already posted on www.freedomtoact.com website
More Stories Posted
See www.freedomtoact.com website
-Mike's Uptown Liquor Story
-Karaoke Story
-Bullseye Saloon Story
Check out the article in the Cambridge Star that came out today:
http://northstarmedia.net/star/STARHome/3B6475E9-289F-47E3-AA30-81F3454C8312.html
Barnacles Resort Numbers
Below are our %'s of loss or gain based on liquor sales tax. These numbers are based on comparing the same month, year to year.
Jan 06 compared to Jan 07 our liquor sales tax numbers increased +26%
Feb 06 compared to Jan 07 our our liquor sales tax numbers increased +58%
Dec 06 compared to Dec 07 our liquor sales tax numbers decreased -21.5%
Jan 07 compared to Jan 08 our liquor sales tax numbers decreased -26%
Feb 07compared to Feb 08 our liquor sales tax numbers decreased -2%
January is always our busiest month of the entire year. Weekends are always busier than weekdays by far.
We started theater nights on Feb 9th, a Saturday night. (unadvertised). There was 1 weekend in February that we did not have theater nights at all, 2 weekends that we only had it on Saturday nights, and 1 weekend that we had it on both Friday & Saturday nights.
Interesting numbers aren't they....did the quote "recession" take a vacation in February compared to January? These numbers can easily be vetted...I have nothing to hide.
Sheila Kromer
Barnacles
My Reply to Tinglestad's Letter
Bob - Just a few comments regarding Tinglestad's letter. She stated the following in her letter, " That is why I supported a statewide smoking ban in restaurants where families frequent, but should not have been extended to VFWs, Legions and bars."
My reply is this: She had the opportunity to send it back to conference committee to accommodate bars, VFW's and legions but she chose not to do that. She supported (voted for) the conference committee bill which stripped most all exemptions out. The number she is using for health care related costs is also bogus. In both cases, she is not telling you the truth plain and simple. She should be held accountable for misleading you.
Sheila
Greg - Can these be posted on your front page with your links. (I know some already are).
Thanks
Sheila
----- Original Message -----
From: Sheila Kromer
Sent: Wednesday, March 19, 2008 12:01 AM
Subject: Update 3-18-08 Theater Nights
Hello Everyone,
Here is sampling of updates that will be posted on the www.freedomtoact.com website. Some are already posted.
Keep up the good work everybody and hang in there!
Thanks for everyone's support!
Sheila Kromer & Mark Benjamin
Forces.org Site with latest articles
http://forces.org/News_Portal/
Mark's interview with Forces.org
http://forces.org/News_Portal/news_viewer.php?id=923
Force's Article direct link
http://forces.org/News_Portal/news_viewer.php?id=924
WDIO (Duluth) News Video 3-17-08 (Smoking Ban: State Says They Don't Know What, If Any, Enforcement Is Coming)
http://www.wdio.com/article/stories/S381815.shtml
Threat to Sabin Bar Owners 3-17-08
already posted on www.freedomtoact.com website
Threat to Smitty's bar & Grill
Will be posted soon on www.freedomtoact.com website
Mike's Uptown Letter to Reps 3-17-08
already posted on www.freedomtoact.com website
More Stories Posted
See www.freedomtoact.com website
-Mike's Uptown Liquor Story
-Karaoke Story
-Bullseye Saloon Story
Check out the article in the Cambridge Star that came out today:
http://northstarmedia.net/star/STARHome/3B6475E9-289F-47E3-AA30-81F3454C8312.html
Barnacles Resort Numbers
Below are our %'s of loss or gain based on liquor sales tax. These numbers are based on comparing the same month, year to year.
Jan 06 compared to Jan 07 our liquor sales tax numbers increased +26%
Feb 06 compared to Jan 07 our our liquor sales tax numbers increased +58%
Dec 06 compared to Dec 07 our liquor sales tax numbers decreased -21.5%
Jan 07 compared to Jan 08 our liquor sales tax numbers decreased -26%
Feb 07compared to Feb 08 our liquor sales tax numbers decreased -2%
January is always our busiest month of the entire year. Weekends are always busier than weekdays by far.
We started theater nights on Feb 9th, a Saturday night. (unadvertised). There was 1 weekend in February that we did not have theater nights at all, 2 weekends that we only had it on Saturday nights, and 1 weekend that we had it on both Friday & Saturday nights.
Interesting numbers aren't they....did the quote "recession" take a vacation in February compared to January? These numbers can easily be vetted...I have nothing to hide.
Sheila Kromer
Barnacles
My Reply to Tinglestad's Letter
Bob - Just a few comments regarding Tinglestad's letter. She stated the following in her letter, " That is why I supported a statewide smoking ban in restaurants where families frequent, but should not have been extended to VFWs, Legions and bars."
My reply is this: She had the opportunity to send it back to conference committee to accommodate bars, VFW's and legions but she chose not to do that. She supported (voted for) the conference committee bill which stripped most all exemptions out. The number she is using for health care related costs is also bogus. In both cases, she is not telling you the truth plain and simple. She should be held accountable for misleading you.
Sheila
Can We Post: Mark's Response to Sabin's Threat
Originial letter from Sabins below reply from lawyer Mark Benjamin
From: Mark Benjamin
To: Terry Horridge
Sent: Tuesday, March 18, 2008 11:16 AM
Subject: RE: Theater night threats
Hi Mike and Terri --Thanks for you email. I'm glad that Theater Night has helped turn your business around.Unfortunately we have noticed a trend lately from the state. Rather than simply enforce the law (police issuing tickets, MDH filing administrative penalty letters) the state is threatening to enforce the law, creating fear, confusion and intimidation.But brave people are free people. I will back you and your patrons one hundred percent. Make sure everyone knows that if the cops come tonight and issue tickets, I will represent each one of you for free.My goal is to get this matter into court as early as possible and get a legal ruling as to the constitutionality of Theater Night. In that sense, the police would be doing us a favor by issuing tickets.God bless you both and Act Now!-- Mark W. BenjaminAttorney at LawCriminal Defense, P.A.237 Second Avenue SW, Suite 111Cambridge, MN 55008763-691-0900 (office)763-670-9664 (mobile)
Subject: Theater night threatsDate: Mon, 17 Mar 2008 20:56:00 -0500
Sheila and Mark,
My husband and I own Sabins bar in Chisholm, on the iron range. We started hosting theater nights 3 weeks ago, with the assistance of Doug Fochi from the Sports Palace in Virginia. We are the only ones in a town with 9 bars that has been hosting them. Our business increased immediately, and has been up ever since. Instead of laying off a bartender, and reducing our hours we were able to hire another one. The Chisholm police were just here and we were told that if we do not stop our patrons from smoking that they will issue us a ticket, our patrons tickets, as well as our bartender. The officer said that this is coming from the chief of police, and the health department who them they have to enforce the smoking ban. The officer said they will be back tonignt, and keep coming back until we stop. At the time the police arrived, there were about 40 patrons here. There are now 9 people at the bar. We are having a St Patricks day celebration tonight, and have even hired a band. I would like to point out that before the smoking ban we were doing just fine. As soon as the smoking ban took effect on Oct 1, our income from the bar dropped by about 60 percent, and we started having trouble paying the bills. Not only did the law put our business in a tailspin, it also made it virtually worthless. Who would want to invest in a bar now?? We dont want to break the law, and if we thought we were, we would not be hosting theater nights. As I'm sure most bar owners on the iron range would agree, we never expected to get rich, we just want to make a living. I would like to thank you and Mark Benjamin for everything you have done, and know that we intend to continue with theater nights as long as we can.
Kind Regards,
Mike and Terri Horridge
Sabins Bar
2 West Lake St.
Chisholm MN 55719
218-254-2153
thorridge@fnbcnet.com
From: Mark Benjamin
To: Terry Horridge
Sent: Tuesday, March 18, 2008 11:16 AM
Subject: RE: Theater night threats
Hi Mike and Terri --Thanks for you email. I'm glad that Theater Night has helped turn your business around.Unfortunately we have noticed a trend lately from the state. Rather than simply enforce the law (police issuing tickets, MDH filing administrative penalty letters) the state is threatening to enforce the law, creating fear, confusion and intimidation.But brave people are free people. I will back you and your patrons one hundred percent. Make sure everyone knows that if the cops come tonight and issue tickets, I will represent each one of you for free.My goal is to get this matter into court as early as possible and get a legal ruling as to the constitutionality of Theater Night. In that sense, the police would be doing us a favor by issuing tickets.God bless you both and Act Now!-- Mark W. BenjaminAttorney at LawCriminal Defense, P.A.237 Second Avenue SW, Suite 111Cambridge, MN 55008763-691-0900 (office)763-670-9664 (mobile)
Subject: Theater night threatsDate: Mon, 17 Mar 2008 20:56:00 -0500
Sheila and Mark,
My husband and I own Sabins bar in Chisholm, on the iron range. We started hosting theater nights 3 weeks ago, with the assistance of Doug Fochi from the Sports Palace in Virginia. We are the only ones in a town with 9 bars that has been hosting them. Our business increased immediately, and has been up ever since. Instead of laying off a bartender, and reducing our hours we were able to hire another one. The Chisholm police were just here and we were told that if we do not stop our patrons from smoking that they will issue us a ticket, our patrons tickets, as well as our bartender. The officer said that this is coming from the chief of police, and the health department who them they have to enforce the smoking ban. The officer said they will be back tonignt, and keep coming back until we stop. At the time the police arrived, there were about 40 patrons here. There are now 9 people at the bar. We are having a St Patricks day celebration tonight, and have even hired a band. I would like to point out that before the smoking ban we were doing just fine. As soon as the smoking ban took effect on Oct 1, our income from the bar dropped by about 60 percent, and we started having trouble paying the bills. Not only did the law put our business in a tailspin, it also made it virtually worthless. Who would want to invest in a bar now?? We dont want to break the law, and if we thought we were, we would not be hosting theater nights. As I'm sure most bar owners on the iron range would agree, we never expected to get rich, we just want to make a living. I would like to thank you and Mark Benjamin for everything you have done, and know that we intend to continue with theater nights as long as we can.
Kind Regards,
Mike and Terri Horridge
Sabins Bar
2 West Lake St.
Chisholm MN 55719
218-254-2153
thorridge@fnbcnet.com
My question is, why did she then vote for it if she didn't agree with it?
My note: I am editing our previous blog posting on Tinglestad. Nothing is altered on the original which is at the bottom but this provides handy access. Greg Lang
House Republican Who Voted To Override Pawlenty Won't Run
ST. PAUL (AP) _ State Representative Kathy Tingelstad already paid a political price for going against her party to support a transportation spending bill. Now, Tingelstad says she won't run for re-election.
The Republican from Andover was one of six GOP representatives who helped Democrats override Governor Tim Pawlenty's veto of the transportation bill that raised the state gas tax and other fees.
The weekend before that vote, party activists delayed a vote on her endorsement until this coming Saturday.
After the vote, Tingelstad lost her position as lead Republican on the bonding committee.
Tingelstad says the delayed endorsement was a sign that it was time for her to do something else. The 12-year House veteran says her focus will turn to putting her two sons through college.
(Copyright 2008 by The Associated Press. All Rights Reserved.)
Reply: Bob - Just a few comments regarding Tinglestad's letter. She stated the following in her letter, " That is why I supported a statewide smoking ban in restaurants where families frequent, but should not have been extended to VFWs, Legions and bars."
My reply is this: She had the opportunity to send it back to conference committee to accommodate bars, VFW's and legions but she chose not to do that. She supported (voted for) the conference committee bill which stripped most all exemptions out. The number she is using for health care related costs is also bogus. In both cases, she is not telling you the truth plain and simple. She should be held accountable for misleading you.
Sheila
Kathy Tingelstad (R) 49B legislative webpage.
Hello Everyone,
Thought you might be interested in this letter received from Kathy Tinglestad to Bob Pobul. For the record, Kathy voted for the ban. I will have this posted on the http://www.freedomtoact.com/ website.
For those of you that cannot open the attachment, I have copied the letter below. Tonight, I will be sending out another update as well.
Sheila
Sent: Tuesday, March 18, 2008 3:36 PM
Subject: Letter from Rep. Tinglestad to me
Hi Mark,
Thought this letter might interest you. My question is, why did she then vote for it if she didn't agree with it? Kinda confuses me. Wonder how many of our other reps and senators felt the same way?
Thanks!!Bob PobulNiteTimes MagazineCell-763-377-2574 O-763-862-5931http://www.tcnitetimes.com/
Kathy Tingelstad MinnesotaState RepresentativeDistrict 49B House ofCoon Rapids and Andover RepresentativesCOMMITTEES: VICE-CHAIR, VETERANS AFFAIRS DIVISIONLEAD, CAPITAL INVESTMENT FINANCE DIVISIONMENTAL HEALTH DIVISIONENVIRONMENT AND NATURAL RESOURCESRULES AND LEGISLATIVE ADMINISTRATIONENVIRONMENT AND NATURAL RESOURCES FINANCE DIVISION
March 14, 2008Bob Pobul530 109th Lane NWCoon Rapids, MN 55448
Dear Bob:Thank you for contacting me about the Freedom to Breathe Act. I empathize with your situation.
Minnesota has long led the nation in restrictive smoking regulations. We were the first state in the nation to pass a Clean Indoor Air Act in 1975 to restrict smoking in public places and workplaces. Minnesota was also the first state to reach a major settlement with the tobacco industry in 1998. Our commitment to clean indoor air has a long history.As of October 1, 2007 the Freedom to Breathe Act became effective and strengthened the Minnesota Clean Indoor Air Act (MCIAA). The MCIAA establishes state policy to protect the public from the hazards of secondhand smoke by eliminating smoking in public places, places of employment, public transportation, and at public meetings. The Freedom to Breathe Act makes changes in the MCIAA designed to achieve that purpose by allowing cities and counties to enact more restrictive measures to control smoking. If there are any further questions regarding the regulation of this Act, the Minnesota Department of Health can answer them. They may be contacted at 651-201-4601.
The Freedom to Breathe Act seems to be a “Catch-22” policy issue. On one hand, you have loss of business revenue—on the other, you have the ever-increasing health care costs that try to compensate for smoking related illnesses. Some have estimated that smoking costs Minnesota $1.98 billion in health care costs. With this in mind, and the health sector alone rising 27 percent this past year, we must find a balance between regulation and autonomy. That is why I supported a statewide smoking ban in restaurants where families frequent, but should not have been extended to VFWs, Legions and bars. Again, me. I certainly appreciate hearing from you.
Sincerely,Kathy Tingelstad State RepresentativeHouse District 49BP.S. Please continue to keep me informed on issues of concern to you.13636 Marigold St. NW., Andover, Mirfnesota 55304 (763) 421-2000; Fax: (763) 421-7500State Office Building. 100 Rev Dr Martin Luther King Jr Blvd. St. Paul, Minnesota 551 55-1298 (651) 296-5369Web: www.house.mn/49B FAX: (651) 297-7523 Email: rep.kathy.tingelstad@house.mn
House Republican Who Voted To Override Pawlenty Won't Run
ST. PAUL (AP) _ State Representative Kathy Tingelstad already paid a political price for going against her party to support a transportation spending bill. Now, Tingelstad says she won't run for re-election.
The Republican from Andover was one of six GOP representatives who helped Democrats override Governor Tim Pawlenty's veto of the transportation bill that raised the state gas tax and other fees.
The weekend before that vote, party activists delayed a vote on her endorsement until this coming Saturday.
After the vote, Tingelstad lost her position as lead Republican on the bonding committee.
Tingelstad says the delayed endorsement was a sign that it was time for her to do something else. The 12-year House veteran says her focus will turn to putting her two sons through college.
(Copyright 2008 by The Associated Press. All Rights Reserved.)
Reply: Bob - Just a few comments regarding Tinglestad's letter. She stated the following in her letter, " That is why I supported a statewide smoking ban in restaurants where families frequent, but should not have been extended to VFWs, Legions and bars."
My reply is this: She had the opportunity to send it back to conference committee to accommodate bars, VFW's and legions but she chose not to do that. She supported (voted for) the conference committee bill which stripped most all exemptions out. The number she is using for health care related costs is also bogus. In both cases, she is not telling you the truth plain and simple. She should be held accountable for misleading you.
Sheila
Kathy Tingelstad (R) 49B legislative webpage.
Hello Everyone,
Thought you might be interested in this letter received from Kathy Tinglestad to Bob Pobul. For the record, Kathy voted for the ban. I will have this posted on the http://www.freedomtoact.com/ website.
For those of you that cannot open the attachment, I have copied the letter below. Tonight, I will be sending out another update as well.
Sheila
Sent: Tuesday, March 18, 2008 3:36 PM
Subject: Letter from Rep. Tinglestad to me
Hi Mark,
Thought this letter might interest you. My question is, why did she then vote for it if she didn't agree with it? Kinda confuses me. Wonder how many of our other reps and senators felt the same way?
Thanks!!Bob PobulNiteTimes MagazineCell-763-377-2574 O-763-862-5931http://www.tcnitetimes.com/
Kathy Tingelstad MinnesotaState RepresentativeDistrict 49B House ofCoon Rapids and Andover RepresentativesCOMMITTEES: VICE-CHAIR, VETERANS AFFAIRS DIVISIONLEAD, CAPITAL INVESTMENT FINANCE DIVISIONMENTAL HEALTH DIVISIONENVIRONMENT AND NATURAL RESOURCESRULES AND LEGISLATIVE ADMINISTRATIONENVIRONMENT AND NATURAL RESOURCES FINANCE DIVISION
March 14, 2008Bob Pobul530 109th Lane NWCoon Rapids, MN 55448
Dear Bob:Thank you for contacting me about the Freedom to Breathe Act. I empathize with your situation.
Minnesota has long led the nation in restrictive smoking regulations. We were the first state in the nation to pass a Clean Indoor Air Act in 1975 to restrict smoking in public places and workplaces. Minnesota was also the first state to reach a major settlement with the tobacco industry in 1998. Our commitment to clean indoor air has a long history.As of October 1, 2007 the Freedom to Breathe Act became effective and strengthened the Minnesota Clean Indoor Air Act (MCIAA). The MCIAA establishes state policy to protect the public from the hazards of secondhand smoke by eliminating smoking in public places, places of employment, public transportation, and at public meetings. The Freedom to Breathe Act makes changes in the MCIAA designed to achieve that purpose by allowing cities and counties to enact more restrictive measures to control smoking. If there are any further questions regarding the regulation of this Act, the Minnesota Department of Health can answer them. They may be contacted at 651-201-4601.
The Freedom to Breathe Act seems to be a “Catch-22” policy issue. On one hand, you have loss of business revenue—on the other, you have the ever-increasing health care costs that try to compensate for smoking related illnesses. Some have estimated that smoking costs Minnesota $1.98 billion in health care costs. With this in mind, and the health sector alone rising 27 percent this past year, we must find a balance between regulation and autonomy. That is why I supported a statewide smoking ban in restaurants where families frequent, but should not have been extended to VFWs, Legions and bars. Again, me. I certainly appreciate hearing from you.
Sincerely,Kathy Tingelstad State RepresentativeHouse District 49BP.S. Please continue to keep me informed on issues of concern to you.13636 Marigold St. NW., Andover, Mirfnesota 55304 (763) 421-2000; Fax: (763) 421-7500State Office Building. 100 Rev Dr Martin Luther King Jr Blvd. St. Paul, Minnesota 551 55-1298 (651) 296-5369Web: www.house.mn/49B FAX: (651) 297-7523 Email: rep.kathy.tingelstad@house.mn
Tuesday, March 18, 2008
Police in our bar (Smittys) regarding Theater Night on St. Patricks Day
Be sure to read the source posting below my red comments even if you don't like my "spiel". It's very good and these are real people running real businesses. Be sure to read it even if means scrolling past my "spiel".
I recall one Iron Range story where they also talked to the owner of a non smoking pizza parlor. It appears that even on "da range" smokers respect smoking restrictions.
(funny joke: when a train leave the rails it is derailed. Therefor when a person leave "da range" they are "deranged").
It's serious but it's "keystone cop" funny. Original Message-----
: Tue, 18 Mar 2008 9:36 pmSubject: CAn You Post - Police in our bar (Smittys) regarding Theater Night on St. Patricks Day
Hey Greg - Here is another one....can you post.
First off, this is serious but at the same time "Keystone Cop" funny. Members of the media, especially radio, where there is more time might have some "fun" with this. Chisago City seems 40 miles west of downtown Minneapolis in case any media want to visit. Call ahead of course. The police and the bar apparently share the same address but at least they have different phone numbers.
The flashing cop car lights seems questionably appropriate. If questioning the police the media might ask about them. This did not seem like an emergency and if the police intended to catch the "perpetrators"this would give the "perpetrators" time to stash the "evidence". (what's that smell? I don't know. Maybe someone was eating smoked fish and "passed gas")
As for letting the police into the building, if it open to the public, it is generally open to the police on official business (which this was). As a general rule, the police have to tell you what your and their rights are if you ask them. Be friendly and try to keep things as cordial as possible.
The evidence part has a "keystone cop" aspect to it. The media can have "fun" with that. In defense of the police they do not have disgression on what what they can investigate. I'm often amazed at police being slack in high media profile cases (think the original OJ Simpson case). I suspect the police sensed this was potentially high media profile (actually a compliment to our "smoking theater" efforts) so they erred on the side of caution when it came to "gathering evidence". In this sense the police seemed to be doing their jobs correctly.
With the MN Attorney General's office, still after a month, refusing to issue an opinion and the MN Department of Health apparently claiming the source of their legal opinion needs some sort of "super double secret 'for eyes only" classified secret status (did I mention secret?) the anti-smoking zealots might be behind the complaints to police. The media might ask what the source of the complaints is.
On our side we are not afraid to go public. My name and address are on the top of my http://freedomtoact.com website. If things like email addresses are redacted in posting it is done by me. It tends to stop spam and "kooks". So far I have not been contacted or asked for information about any posting. If I am I will try to look it up and forward to lawyer Mark Benjamine. This hasn't happen and I have had no contact or communication with Mark Benjamine except for an email or two on administrative manners (IE: how about posting this?) and that has been time critical breaking news. Shouldn't the media hold the "anti" side to the same standards for the sake of credibility?
Anyway, if in the media "have fun" with the story but it seems to me that the police were trying to figure how to do their job. It's definitely "welcome to the theater of the absurd!" Oh wait! That would make this "real" (government approved) theater.
Beyond, the "folly" real people, real businesses and a real way of life are being threatened by the smoking ban as it exists now. I strongly believe that the courts at some level will find the current law unconstitutional. This could lead to invalidation of all Minnesota bar smoking laws including the Minneapolis and Hennepin County laws since "theater smoking" occurs in these municipalities. This is not "ranting". The FBI lost in court in the "Miporn" case and this effectively made adult pornography production legal. It's a long road we hopefully will not take. The solution is to go back to local rather than state control with reasonable provision for license for "theater smoking" for all including the so-called "real" theater. We have at least one verified (lawyer Mark Benjamin) and a second probable (posted article) where the Jungle Theater in Minneapolis has on stage smoking without complying with the terms of the "freedom to breath" law.
I have no opinion on the Jungle Theater but if these dingbats want a smoking exemption should they abide by the terms of it. Hello! From lawyer Mark Benjamin: "You would be interested to know that Cynthia and I attended a performance at the Jungle Theater last November and there was smoking on stage. At the end, I went out into the lobby to look for a poster that would notify the patrons that there would be smoking. None. I checked my playbill. Nada.-- Mark Benjamin"
I have no idea what Mark's relationship with Cynthia is (and I don't care). It could be "fun" doing the scenario of lawyer Mark putting Cynthia on the stand to testify about the smoking without proper notification at the Jungle Theater. It could be hilarious if done right. The theater, not Mark broke the law that night. Of course Mark could also cross-examine himself. A mock scenario of this would also be hilarious.
Seriously, if these so called "real theaters" they should comply with the terms of the law and not be total "bozos". On our pro-smoking theater side we have done every basic thing correctly obeying the "letter" of the law.
That said real people, a real way of life is being badly hurt by the Minnesota smoking ban. People in the media. As us. We have nothing to hide.
Please read the posting below. It's worth the effort. Greg Lang
Smitty's Bar
10695 Railroad Ave
Chisago City, MN 55013
651-257-9014
Google Map Linkhttp://maps.google.com/maps?q=10695+Railroad+Ave,+Chisago+City,+M.N.+55013,+USA&sa=X&oi=map&ct=title
Chisago City Police Department
10625 Railroad AveChisago City, MN 55013
(651) 257-4163
----- Original Message -----
From: Stacy
To: Sheila Kromer
Sent: Tuesday, March 18, 2008 3:29 PM
Subject: [SPAM] Police in our bar (Smittys) regarding Theater Night on St. Patricks Day
Hi Sheila,
Please feel free to share this with anyone.
We own Smittys Bar-n-Grill in Chisago City, MN. We have done Theater Night almost daily since we found out about it. On Monday night, St. Patricks Day, we were doing Theater Night, and we had the police show up at our bar. Two of them came and had the "cherries" blazing outside. My husband and I met them at the door and stepped outside with them. They said they were responding to a complaint call that they received. They asked us what we were using for costumes and what our stage props were. They said they were not going to issue any tickets, but they were going to do a report and send it to the district attorney. This is the part you won't believe----They asked for one of our ashtrays. They wanted it as "evidence" as one of our props. They also asked for an ACT NOW button, ( my husband told him that it cost a dollar..lol) which we did give him, and he asked for a copy of our playbill. They also asked me for my St. Patricks Day beads, saying they appeared to be part of "my costume". I am not kidding. Then they asked if they could come in the bar and take photos of our stage, etc. I told them that I wasn't keen on that idea, as the weather was bad and the night was slower than usual, we did not want our customers scared off. They basically said they would issue an "obstruction of justice" ticket if I refused them entry, so I let them in. My husband Kevin lit up a cigarette right in front of them when we got inside and they photographed him doing it. They also photographed several customers smoking. They took all of their "evidence" and left. I guess we will wait to see what happens. We are not sure what to make of it. If anyone has any thoughts about this feel free to email me at staciapink@centurytel.net. Thanks, Stacy
Oh, and I had a snippy and rude customer ( never saw her before) say that our playbills were a "Joke" and that the whole concept of Theater Night was "Lame". I politely told her "that's your opinion" and I said "there are two other bars in the area not doing theater night". They finished their drinks and left. Ish But, choice is good!!
I recall one Iron Range story where they also talked to the owner of a non smoking pizza parlor. It appears that even on "da range" smokers respect smoking restrictions.
(funny joke: when a train leave the rails it is derailed. Therefor when a person leave "da range" they are "deranged").
It's serious but it's "keystone cop" funny. Original Message-----
: Tue, 18 Mar 2008 9:36 pmSubject: CAn You Post - Police in our bar (Smittys) regarding Theater Night on St. Patricks Day
Hey Greg - Here is another one....can you post.
First off, this is serious but at the same time "Keystone Cop" funny. Members of the media, especially radio, where there is more time might have some "fun" with this. Chisago City seems 40 miles west of downtown Minneapolis in case any media want to visit. Call ahead of course. The police and the bar apparently share the same address but at least they have different phone numbers.
The flashing cop car lights seems questionably appropriate. If questioning the police the media might ask about them. This did not seem like an emergency and if the police intended to catch the "perpetrators"this would give the "perpetrators" time to stash the "evidence". (what's that smell? I don't know. Maybe someone was eating smoked fish and "passed gas"
As for letting the police into the building, if it open to the public, it is generally open to the police on official business (which this was). As a general rule, the police have to tell you what your and their rights are if you ask them. Be friendly and try to keep things as cordial as possible.
The evidence part has a "keystone cop" aspect to it. The media can have "fun" with that. In defense of the police they do not have disgression on what what they can investigate. I'm often amazed at police being slack in high media profile cases (think the original OJ Simpson case). I suspect the police sensed this was potentially high media profile (actually a compliment to our "smoking theater" efforts) so they erred on the side of caution when it came to "gathering evidence". In this sense the police seemed to be doing their jobs correctly.
With the MN Attorney General's office, still after a month, refusing to issue an opinion and the MN Department of Health apparently claiming the source of their legal opinion needs some sort of "super double secret 'for eyes only" classified secret status (did I mention secret?) the anti-smoking zealots might be behind the complaints to police. The media might ask what the source of the complaints is.
On our side we are not afraid to go public. My name and address are on the top of my http://freedomtoact.com website. If things like email addresses are redacted in posting it is done by me. It tends to stop spam and "kooks". So far I have not been contacted or asked for information about any posting. If I am I will try to look it up and forward to lawyer Mark Benjamine. This hasn't happen and I have had no contact or communication with Mark Benjamine except for an email or two on administrative manners (IE: how about posting this?) and that has been time critical breaking news. Shouldn't the media hold the "anti" side to the same standards for the sake of credibility?
Anyway, if in the media "have fun" with the story but it seems to me that the police were trying to figure how to do their job. It's definitely "welcome to the theater of the absurd!" Oh wait! That would make this "real" (government approved) theater.
Beyond, the "folly" real people, real businesses and a real way of life are being threatened by the smoking ban as it exists now. I strongly believe that the courts at some level will find the current law unconstitutional. This could lead to invalidation of all Minnesota bar smoking laws including the Minneapolis and Hennepin County laws since "theater smoking" occurs in these municipalities. This is not "ranting". The FBI lost in court in the "Miporn" case and this effectively made adult pornography production legal. It's a long road we hopefully will not take. The solution is to go back to local rather than state control with reasonable provision for license for "theater smoking" for all including the so-called "real" theater. We have at least one verified (lawyer Mark Benjamin) and a second probable (posted article) where the Jungle Theater in Minneapolis has on stage smoking without complying with the terms of the "freedom to breath" law.
I have no opinion on the Jungle Theater but if these dingbats want a smoking exemption should they abide by the terms of it. Hello! From lawyer Mark Benjamin: "You would be interested to know that Cynthia and I attended a performance at the Jungle Theater last November and there was smoking on stage. At the end, I went out into the lobby to look for a poster that would notify the patrons that there would be smoking. None. I checked my playbill. Nada.-- Mark Benjamin"
I have no idea what Mark's relationship with Cynthia is (and I don't care). It could be "fun" doing the scenario of lawyer Mark putting Cynthia on the stand to testify about the smoking without proper notification at the Jungle Theater. It could be hilarious if done right. The theater, not Mark broke the law that night. Of course Mark could also cross-examine himself. A mock scenario of this would also be hilarious.
Seriously, if these so called "real theaters" they should comply with the terms of the law and not be total "bozos". On our pro-smoking theater side we have done every basic thing correctly obeying the "letter" of the law.
That said real people, a real way of life is being badly hurt by the Minnesota smoking ban. People in the media. As us. We have nothing to hide.
Please read the posting below. It's worth the effort. Greg Lang
Smitty's Bar
10695 Railroad Ave
Chisago City, MN 55013
651-257-9014
Google Map Linkhttp://maps.google.com/maps?q=10695+Railroad+Ave,+Chisago+City,+M.N.+55013,+USA&sa=X&oi=map&ct=title
Chisago City Police Department
10625 Railroad AveChisago City, MN 55013
(651) 257-4163
----- Original Message -----
From: Stacy
To: Sheila Kromer
Sent: Tuesday, March 18, 2008 3:29 PM
Subject: [SPAM] Police in our bar (Smittys) regarding Theater Night on St. Patricks Day
Hi Sheila,
Please feel free to share this with anyone.
We own Smittys Bar-n-Grill in Chisago City, MN. We have done Theater Night almost daily since we found out about it. On Monday night, St. Patricks Day, we were doing Theater Night, and we had the police show up at our bar. Two of them came and had the "cherries" blazing outside. My husband and I met them at the door and stepped outside with them. They said they were responding to a complaint call that they received. They asked us what we were using for costumes and what our stage props were. They said they were not going to issue any tickets, but they were going to do a report and send it to the district attorney. This is the part you won't believe----They asked for one of our ashtrays. They wanted it as "evidence" as one of our props. They also asked for an ACT NOW button, ( my husband told him that it cost a dollar..lol) which we did give him, and he asked for a copy of our playbill. They also asked me for my St. Patricks Day beads, saying they appeared to be part of "my costume". I am not kidding. Then they asked if they could come in the bar and take photos of our stage, etc. I told them that I wasn't keen on that idea, as the weather was bad and the night was slower than usual, we did not want our customers scared off. They basically said they would issue an "obstruction of justice" ticket if I refused them entry, so I let them in. My husband Kevin lit up a cigarette right in front of them when we got inside and they photographed him doing it. They also photographed several customers smoking. They took all of their "evidence" and left. I guess we will wait to see what happens. We are not sure what to make of it. If anyone has any thoughts about this feel free to email me at staciapink@centurytel.net. Thanks, Stacy
Oh, and I had a snippy and rude customer ( never saw her before) say that our playbills were a "Joke" and that the whole concept of Theater Night was "Lame". I politely told her "that's your opinion" and I said "there are two other bars in the area not doing theater night". They finished their drinks and left. Ish But, choice is good!!
Bullseye Saloon, ElkoNewMarket, MN To the Citizens of Minnesota and their elected state officials:
Bullseye Saloon, ElkoNewMarket, MN
To the Citizens of Minnesota and their elected state officials:
My name is Robert Ripley and I own a bar called Bullseye Saloon located about 25 miles straight South of the Twin Cities. Like many bar and restaurant owners in the state of MN, I have endured financial hardship since the unconstitutional smoking ban went into effect. My sales are down approximately 28%, I have been forced to cut employees’ hours, and I have not been able to take a paycheck in several months. This smoking ban is hurting me, my 13 employees, and also my customers because I have been forced to raise prices to try and break even. This ban hurts EVERYONE in the state of MN because the government is going to raise taxes elsewhere on all of us to make up for the lost tax revenue from liquor and tobacco sales.
I am a small rural bar that serves very limited food (pizzas, appetizers), and I can honestly say that over 60% of my customers smoke. I own the kind of bar that is really hit hard by this communist-like legislation. I have been doing everything in my power to keep all of my staff employed, but it had gotten very difficult lately so I started holding “theatre night” from 8:00am to 2:00am (close) 7 days per week. I am watching sales slowly coming back and I plan to keep taking advantage of the exemption that our state legislators built into the smoking ban laws. These legislators created an exception for actors to be able to smoke, and now they have to live with the law THEY wrote.
Not only is lost revenue an issue, but so is patron safety. I have found that before we started doing “theatre nights,” my customers were smoking in my bathrooms rather than going outside to smoke. When it is below zero outside, the smokers will find a place to smoke inside; the only place that I cannot legally monitor, the bathrooms. The problem is that they would leave their cigarette butts in my trash container on top of paper products thus creating a serious fire hazard. The Farmington Legion, about 10 miles East of my bar, had a huge fire last month because a customer was throwing butts down their cold air return vents to conceal their smoking. They will be shut down for 3-6 months rebuilding their bar, and losing revenue as an indirect result of the smoking ban. I wonder if the state legislators thought about risks like these when they were so gallantly trying to protect us.
In my opinion, this is not about smoking or not smoking, but about our liberty. Why is it that non-smoker’s rights to have a smoke-free bar seem to trump smoker’s rights to smoke in a bar? I thought that all people got “EQUAL” protection under the law. When did it change, in this free-market capitalistic country, that the government can tell us how long to live and how healthy to be? As American adults, we have the right to choose to smoke, to eat fast food, and to sit on the couch and watch TV if we want to. We have the right to breathe second-hand smoke if we so choose. If we let the MN legislators “protect our health” by eliminating the risk of second-hand smoke, then why not let them ban fast food, red meat, salt, and driving sports cars next? Who really has the power to tell us how healthy to be? And how healthy is “healthy enough” anyway? You will not find the “right to determine how healthy someone needs to be” anywhere in the MN state or federal constitutions. This is one slippery slope that us sons and daughters of liberty do not want to slide down.
To the Citizens of Minnesota and their elected state officials:
My name is Robert Ripley and I own a bar called Bullseye Saloon located about 25 miles straight South of the Twin Cities. Like many bar and restaurant owners in the state of MN, I have endured financial hardship since the unconstitutional smoking ban went into effect. My sales are down approximately 28%, I have been forced to cut employees’ hours, and I have not been able to take a paycheck in several months. This smoking ban is hurting me, my 13 employees, and also my customers because I have been forced to raise prices to try and break even. This ban hurts EVERYONE in the state of MN because the government is going to raise taxes elsewhere on all of us to make up for the lost tax revenue from liquor and tobacco sales.
I am a small rural bar that serves very limited food (pizzas, appetizers), and I can honestly say that over 60% of my customers smoke. I own the kind of bar that is really hit hard by this communist-like legislation. I have been doing everything in my power to keep all of my staff employed, but it had gotten very difficult lately so I started holding “theatre night” from 8:00am to 2:00am (close) 7 days per week. I am watching sales slowly coming back and I plan to keep taking advantage of the exemption that our state legislators built into the smoking ban laws. These legislators created an exception for actors to be able to smoke, and now they have to live with the law THEY wrote.
Not only is lost revenue an issue, but so is patron safety. I have found that before we started doing “theatre nights,” my customers were smoking in my bathrooms rather than going outside to smoke. When it is below zero outside, the smokers will find a place to smoke inside; the only place that I cannot legally monitor, the bathrooms. The problem is that they would leave their cigarette butts in my trash container on top of paper products thus creating a serious fire hazard. The Farmington Legion, about 10 miles East of my bar, had a huge fire last month because a customer was throwing butts down their cold air return vents to conceal their smoking. They will be shut down for 3-6 months rebuilding their bar, and losing revenue as an indirect result of the smoking ban. I wonder if the state legislators thought about risks like these when they were so gallantly trying to protect us.
In my opinion, this is not about smoking or not smoking, but about our liberty. Why is it that non-smoker’s rights to have a smoke-free bar seem to trump smoker’s rights to smoke in a bar? I thought that all people got “EQUAL” protection under the law. When did it change, in this free-market capitalistic country, that the government can tell us how long to live and how healthy to be? As American adults, we have the right to choose to smoke, to eat fast food, and to sit on the couch and watch TV if we want to. We have the right to breathe second-hand smoke if we so choose. If we let the MN legislators “protect our health” by eliminating the risk of second-hand smoke, then why not let them ban fast food, red meat, salt, and driving sports cars next? Who really has the power to tell us how healthy to be? And how healthy is “healthy enough” anyway? You will not find the “right to determine how healthy someone needs to be” anywhere in the MN state or federal constitutions. This is one slippery slope that us sons and daughters of liberty do not want to slide down.
Mike's Uptown Liquor Story
> Here is my story. My numbers are down 36 percent from last year to this > year oct to dec. I have had to Cut hours for my 4 employees and 3 of us > are single mothers . We are closing early like 5 nights a week. I have had > to borrow money from family, the bank, and cash in my life Insurance > policies to keep the doors open. My heat and Electric bulls are huge due > to my doors always being open. I have not seen regular customers in > months. Since we started Theatre night my sales have multiplied by 4. The > employees tips have tripled, and business on those nights have been fun > and have started to catch us up on things. I have heard nothing but > positive feedback from my customers and great support from people all > accross the state. Since approximatly 75 percent of my customers smoke > this has hurt us immensley. We wont survive much longer and i have 2 > beautiful little girls to feed. I have never been on welfare, i have > operated my bar for 11 years and have always managed to provide for them > quite well, and for the record i waited til i was a little older to have > kids so i could give them a good life, i keep them out of the bar, we are > involved with the Church, i am vice president of the Hill City chamber of > commerce and i am involved with many Community activities. I am just > asking for some help, i am a good person, who tries to do the best by > everyone, who is thère to help my family? Where is my alternative? Who > gave me a Choice? I suppose public housing, free daycare, free grocreys, > and help going back to school wont be so bad, i have been raised to work > hard and support your own, but times are changing i guess the hardworking > tax payers of our great state wont mind taking care of my family for > awhile, cause it wont be long and we wont have another alternative, please > help us! This is my Story Lisa Anderson Mikes uptown Hill City mn. > Sheila please rewrite i did on my phone whats it sound like to you? Let me > know. > Sent from my BlackBerry® device from Cellular One
Can We Post: Karoke Businesses Hurting Too
Formatting problems again. I'll try to figure it out.
> > ----- Original Message ----- > From: "Thomas Funari" <hdiver@divertunes.com> > >> >> I run a small Karaoke & DJ company based out of Rosemount. I >> currently have 3 nights a week at my local American Legion. Which >> has increased from 1 when I started back there 2 years ago. They >> started with Friday nights, added Thu about 6 months later and then >> January 07 added Saturdays. >> >> My Thursday night business used to be mediocre, BINGO brought in a >> number of people before BINGO who'd sit. Then after BINGO I would >> generally get quite a few people who would come into the bar and hang >> out for an hour or two prior to leaving. In addition, the breaks >> that take place during Bingo used to see a large crowd coming into >> the bar, usually lining up at the pull-tabs. >> >> We can no longer tell in the bar proper when there's a Bingo break. >> We don't see hardly any traffic coming across and the Bingo crowd is >> suffering. My karaoke show now consists of a core group of regulars >> and I'm not seeing hardly any traffic coming from the Bingo into the >> bar when it's over. >> >> Additionally, there's been problems for some time getting standard >> wages for karaoke shows. The norm when I started in the business in >> 1996 was $150. That was up to $200 by 2000. Then we got the rash of >> people opening karaoke businesses that had no clue what they were >> doing, in the computer age it became really cheap to start a business >> and pirate an entire library. This brought us right back to the $150 >> a night price. Now, bar owners are having trouble even justifying >> that because the crowd just isn't there anymore. When you factor in >> gas, setup time, less than $150 just isn't worth the work to >> transport and set up all of the equipment. >> >> We still have the expense of keeping the library current, patrons >> want to sing what they hear on the radio, these discs run between $15 >> - 30 each, plus the wear and tear on equipment. (I can't count the >> number of monitors I've gone through over the years because someone >> drunk and not paying attention took out the monitor stand!) >> >> I've already been warned by the commander of my Legion that I can >> pretty much count on Thursdays being taken away for the summer this >> year because the ban is adding to slow sales. This very well could >> cause my van to be lost since it's my 3 nights a week that are paying >> my van payment. Marketing for Weddings isn't going well either. People >> just aren't spending as much there because of the economic >> hard times. >> >> There are so many industries that are suffering in addition to the >> bars that it's not even funny. There's a blog I just ran across from >> a person who installed Smokeeter systems who was laid off in 2006 >> because of the threat of the ban. Sales went down while bar owners >> waited to see what would happen. This guy lost his job, his house & >> his car. >
> > ----- Original Message ----- > From: "Thomas Funari" <hdiver@divertunes.com> > >> >> I run a small Karaoke & DJ company based out of Rosemount. I >> currently have 3 nights a week at my local American Legion. Which >> has increased from 1 when I started back there 2 years ago. They >> started with Friday nights, added Thu about 6 months later and then >> January 07 added Saturdays. >> >> My Thursday night business used to be mediocre, BINGO brought in a >> number of people before BINGO who'd sit. Then after BINGO I would >> generally get quite a few people who would come into the bar and hang >> out for an hour or two prior to leaving. In addition, the breaks >> that take place during Bingo used to see a large crowd coming into >> the bar, usually lining up at the pull-tabs. >> >> We can no longer tell in the bar proper when there's a Bingo break. >> We don't see hardly any traffic coming across and the Bingo crowd is >> suffering. My karaoke show now consists of a core group of regulars >> and I'm not seeing hardly any traffic coming from the Bingo into the >> bar when it's over. >> >> Additionally, there's been problems for some time getting standard >> wages for karaoke shows. The norm when I started in the business in >> 1996 was $150. That was up to $200 by 2000. Then we got the rash of >> people opening karaoke businesses that had no clue what they were >> doing, in the computer age it became really cheap to start a business >> and pirate an entire library. This brought us right back to the $150 >> a night price. Now, bar owners are having trouble even justifying >> that because the crowd just isn't there anymore. When you factor in >> gas, setup time, less than $150 just isn't worth the work to >> transport and set up all of the equipment. >> >> We still have the expense of keeping the library current, patrons >> want to sing what they hear on the radio, these discs run between $15 >> - 30 each, plus the wear and tear on equipment. (I can't count the >> number of monitors I've gone through over the years because someone >> drunk and not paying attention took out the monitor stand!) >> >> I've already been warned by the commander of my Legion that I can >> pretty much count on Thursdays being taken away for the summer this >> year because the ban is adding to slow sales. This very well could >> cause my van to be lost since it's my 3 nights a week that are paying >> my van payment. Marketing for Weddings isn't going well either. People >> just aren't spending as much there because of the economic >> hard times. >> >> There are so many industries that are suffering in addition to the >> bars that it's not even funny. There's a blog I just ran across from >> a person who installed Smokeeter systems who was laid off in 2006 >> because of the threat of the ban. Sales went down while bar owners >> waited to see what would happen. This guy lost his job, his house & >> his car. >
Letter to Reps from Mike's Uptown Liquor
Sorry about format. Greg
>>To: All representatives >> My name is Lisa Anderson, I have owned and operated Mike's Uptown Liquor >> in Hill City for 11 years. I am a Law abiding citizen who is very active >> in my Community and my local church. I am vice president of my local >> chamber of commerce and have always done a great job of keeping my >> business and personal life separate as I am also a single mother of two >> beautiful baby girls. I come from a family who was raised to take voting >> very seriously I believe we live in a great country that was based on >> FREEDOM! My business is down 36 percent, my family is suffering, my >> employees are suffering, their kids are suffering, my house DJ is no >> longer employed, and it is getting hard to pay the mortgage. I have 2 >> single mothers, a newly married mother with a baby on the way, a >> grandmother whose daughter and granddaughter live with her and another >> single women who lives alone, all scared of what we are going to do if >> things do not change (and only one of them smoke). Their hours have been >> cut, tips are down, and we are closing early. Our heat and electric bills >> have sky rocketed due to the doors opening all the time. I live in a town >> with a population of 469 people, when 75 percent of your customers smoke >> we are left pretty empty when they all choose to stay home alone and stay >> warm! I have not seen any non smokers coming out due to the ban being in >> effect just the opposite we see no one! I have never been on welfare but >> I guess free groceries, low rent housing, medical insurance, college and >> daycare for my kids won't be so bad, at least we have that choice since >> we have no others. As a property owner and taxpayer who votes every >> election and can not even decide what goes on legally in their own >> establishments, I suppose working hard all these years entitles me to >> that, just makes me feel horrible that I was raised to take care of our >> own, and not let others foot the bill for us. But since we did elect you >> our representives to take care of us, tell me what are you going to do? >> Why can we not have a room with four walls, where it is warm, with a >> couple tables where customers can sit with their cocktails and visit? >> Waitstaff need not enter if that is the issue. Or if you are out to >> protect all Minnesotans why are Minnesotans allowed to enter casinos? >> Because they are adults and can make their own decisions? Hmmm I guess >> that's only when other people decide you can make your own decisions! So >> in closing I am writing to ask you to please reconsider and give us hard >> working people of Minnesota a Choice, an alternative to losing everything >> we have worked so very hard for. >>> Thank you so much for listening to my story. Lisa Anderson >>> Sent from my BlackBerry® device from Cellular One
>>To: All representatives >> My name is Lisa Anderson, I have owned and operated Mike's Uptown Liquor >> in Hill City for 11 years. I am a Law abiding citizen who is very active >> in my Community and my local church. I am vice president of my local >> chamber of commerce and have always done a great job of keeping my >> business and personal life separate as I am also a single mother of two >> beautiful baby girls. I come from a family who was raised to take voting >> very seriously I believe we live in a great country that was based on >> FREEDOM! My business is down 36 percent, my family is suffering, my >> employees are suffering, their kids are suffering, my house DJ is no >> longer employed, and it is getting hard to pay the mortgage. I have 2 >> single mothers, a newly married mother with a baby on the way, a >> grandmother whose daughter and granddaughter live with her and another >> single women who lives alone, all scared of what we are going to do if >> things do not change (and only one of them smoke). Their hours have been >> cut, tips are down, and we are closing early. Our heat and electric bills >> have sky rocketed due to the doors opening all the time. I live in a town >> with a population of 469 people, when 75 percent of your customers smoke >> we are left pretty empty when they all choose to stay home alone and stay >> warm! I have not seen any non smokers coming out due to the ban being in >> effect just the opposite we see no one! I have never been on welfare but >> I guess free groceries, low rent housing, medical insurance, college and >> daycare for my kids won't be so bad, at least we have that choice since >> we have no others. As a property owner and taxpayer who votes every >> election and can not even decide what goes on legally in their own >> establishments, I suppose working hard all these years entitles me to >> that, just makes me feel horrible that I was raised to take care of our >> own, and not let others foot the bill for us. But since we did elect you >> our representives to take care of us, tell me what are you going to do? >> Why can we not have a room with four walls, where it is warm, with a >> couple tables where customers can sit with their cocktails and visit? >> Waitstaff need not enter if that is the issue. Or if you are out to >> protect all Minnesotans why are Minnesotans allowed to enter casinos? >> Because they are adults and can make their own decisions? Hmmm I guess >> that's only when other people decide you can make your own decisions! So >> in closing I am writing to ask you to please reconsider and give us hard >> working people of Minnesota a Choice, an alternative to losing everything >> we have worked so very hard for. >>> Thank you so much for listening to my story. Lisa Anderson >>> Sent from my BlackBerry® device from Cellular One
Theater nights threat at Sabins in Chisholm
MY comments in red, Greg Lang of http://freedomtoact.com and this blog.
All such actions should be reported and a log kept. I am not a lawyer but I would suggest a voice recorder device be used in all discussions with the government agents that you might deem to be "hostile". Go "by the numbers" and inform the public official that they are being recorded. Make them agree "on tape" with this. Basically, unless it is part of a FORMAL criminal investigation or something very personal (like a disease transmission report that covers something like tracking a sexually transmitted disease or "bird flue") The MN Department of Health has great powers for imminent "epidemic" threats but if they try to use them for something like "secondhand smoke" this is a dramatic abuse of power in the current legal environment of "smoke theater".
There are assorted legal strategies to fight this but if the city gets "thuggish" and for example, threatened unrelated punitive actions and it fails the government agency faces regular and punitive damages plus reasonable legal fees from the plaintiffs.
I hope it doesn't come to this but we are not "goofballs" doing "street theater" dramatics
On my own I have devised a legal strategy. As I see it the best solution is for local governments to allow well posted "smoking bars" subject to a reasonable licence structure.. I don't see urban municipalities opting this option. It's ironic because the urban areas offer a lot more entertainment options. Even on the iron range one story posted here quote a non-smoking pizza place. From my reading even t he local smokers respected this "non smoking" establishment status. Just my two cents work Greg Lang
Greg - Can We Post
----- Original Message -----
From: Terry Horridge
To: markbenjamin@msn.com ; sheiladk@comcast.net
Sent: Monday, March 17, 2008 8:56 PM
Subject: Theater night threats
Sheila and Mark,
My husband and I own Sabins bar in Chisholm, on the iron range. We started hosting theater nights 3 weeks ago, with the assistance of Doug Fochi from the Sports Palace in Virginia. We are the only ones in a town with 9 bars that has been hosting them. Our business increased immediately, and has been up ever since. Instead of laying off a bartender, and reducing our hours we were able to hire another one. The Chisholm police were just here and we were told that if we do not stop our patrons from smoking that they will issue us a ticket, our patrons tickets, as well as our bartender. The officer said that this is coming from the chief of police, and the health department who them they have to enforce the smoking ban. The officer said they will be back tonight, and keep coming back until we stop. At the time the police arrived, there were about 40 patrons here. There are now 9 people at the bar. We are having a St Patricks day celebration tonight, and have even hired a band. I would like to point out that before the smoking ban we were doing just fine. As soon as the smoking ban took effect on Oct 1, our income from the bar dropped by about 60 percent, and we started having trouble paying the bills. Not only did the law put our business in a tailspin, it also made it virtually worthless. Who would want to invest in a bar now?? We don't want to break the law, and if we thought we were, we would not be hosting theater nights. As I'm sure most bar owners on the iron range would agree, we never expected to get rich, we just want to make a living. I would like to thank you and Mark Benjamin for everything you have done, and know that we intend to continue with theater nights as long as we can.
Kind Regards,
Mike and Terri Horridge
Sabins Bar
2 West Lake St.
Chisholm MN 55719
218-254-2318
thorridge@fnbcnet.com
All such actions should be reported and a log kept. I am not a lawyer but I would suggest a voice recorder device be used in all discussions with the government agents that you might deem to be "hostile". Go "by the numbers" and inform the public official that they are being recorded. Make them agree "on tape" with this. Basically, unless it is part of a FORMAL criminal investigation or something very personal (like a disease transmission report that covers something like tracking a sexually transmitted disease or "bird flue") The MN Department of Health has great powers for imminent "epidemic" threats but if they try to use them for something like "secondhand smoke" this is a dramatic abuse of power in the current legal environment of "smoke theater".
There are assorted legal strategies to fight this but if the city gets "thuggish" and for example, threatened unrelated punitive actions and it fails the government agency faces regular and punitive damages plus reasonable legal fees from the plaintiffs.
I hope it doesn't come to this but we are not "goofballs" doing "street theater" dramatics
On my own I have devised a legal strategy. As I see it the best solution is for local governments to allow well posted "smoking bars" subject to a reasonable licence structure.. I don't see urban municipalities opting this option. It's ironic because the urban areas offer a lot more entertainment options. Even on the iron range one story posted here quote a non-smoking pizza place. From my reading even t he local smokers respected this "non smoking" establishment status. Just my two cents work Greg Lang
Greg - Can We Post
----- Original Message -----
From: Terry Horridge
To: markbenjamin@msn.com ; sheiladk@comcast.net
Sent: Monday, March 17, 2008 8:56 PM
Subject: Theater night threats
Sheila and Mark,
My husband and I own Sabins bar in Chisholm, on the iron range. We started hosting theater nights 3 weeks ago, with the assistance of Doug Fochi from the Sports Palace in Virginia. We are the only ones in a town with 9 bars that has been hosting them. Our business increased immediately, and has been up ever since. Instead of laying off a bartender, and reducing our hours we were able to hire another one. The Chisholm police were just here and we were told that if we do not stop our patrons from smoking that they will issue us a ticket, our patrons tickets, as well as our bartender. The officer said that this is coming from the chief of police, and the health department who them they have to enforce the smoking ban. The officer said they will be back tonight, and keep coming back until we stop. At the time the police arrived, there were about 40 patrons here. There are now 9 people at the bar. We are having a St Patricks day celebration tonight, and have even hired a band. I would like to point out that before the smoking ban we were doing just fine. As soon as the smoking ban took effect on Oct 1, our income from the bar dropped by about 60 percent, and we started having trouble paying the bills. Not only did the law put our business in a tailspin, it also made it virtually worthless. Who would want to invest in a bar now?? We don't want to break the law, and if we thought we were, we would not be hosting theater nights. As I'm sure most bar owners on the iron range would agree, we never expected to get rich, we just want to make a living. I would like to thank you and Mark Benjamin for everything you have done, and know that we intend to continue with theater nights as long as we can.
Kind Regards,
Mike and Terri Horridge
Sabins Bar
2 West Lake St.
Chisholm MN 55719
218-254-2318
thorridge@fnbcnet.com
Monday, March 17, 2008
Update from Shiela of Barnacles.
Hello Everyone,
A few items of interest are posted below. Most of these will be posted on the http://www.freedomtoact.com/ website. There are other items posted as well so please continue to check the wesite for updates.
Some items are linked on the front page and others are found in the http://freedomtoact.blogspot.com/ (link is near the top of the page beneath the FreedomToAct.com title).
As most of you know, a ticket has been issued to Tank's Bar in Babbitt as well as one of his customers. Finally, it will be going to court....a much needed change of events. Hopefully, the threats will stop as everyone waits to see the outcome of the court case. However, they may not. So, if anyone is being threatened please let Mark and/or I know and we will follow up. I know that Sue from Polish Palace was threatened with the removal of her food license and so she has stopped the theater nights temporarily. We, at Barnacles, have had no threats. We are continuing with our theater nights. Even if threats were issued against us...we would not stop theater nights but bring it to court as Tom & Marie at Tanks has done. We completely understand that this situation is not for everyone and everyone must do as they feel best for their establishment. We have a lot of support and momentum out there, so lets keep it going in any way we can! Just a note to Tom & Marie - We are with you and lend our support to you in any way we can.
We can all play a part!
Sheila Kromer & Mark Benjamin
(Please forward & pass along this Update. Also, please note the links (at the end) to your legislators.)
Forces Article (Updated 3-16-08 Includes Mark Benjamin, The Rock & Tank's Bar)
http://forces.org/News_Portal/news_viewer.php?id=919
Rock Night Club Word
See "Maplewood Rock nightclub word + my spiel" (on http://www.freedomtoact.com/ website front page)
Link to Duluth WDIO News Video 11-15-08 (First ticket Issued)
http://www.wdio.com/article/stories/S380243.shtml?cat=10335&v=1
Link to KSTP 5 News Video 11-15-08 (First ticket Issued)
http://kstp.com/article/stories/S380283.shtml?cat=1
Editorial: A bad review for bars' 'theater' nights (Star & Tribune 3-16-08 & Greg's Comment)http://www.startribune.com/opinion/editorials/16691746.html
http://freedomtoact.blogspot.com/2008/03/my-girlfriend-dragged-me-out-of-house.html
Duluth News Tribune Article (3-15-08)
http://www.duluthnewstribune.com/articles/index.cfm?id=62488§ion=News
OUR OPINION: SMOKING brainerd dispatch 3-14-08
Fix the loophole
http://www.brainerddispatch.com/stories/031408/opi_20080314024.shtml
Letter to the Commissioner of the Minnesota Department of Health from Christina in Gilbert:To: markbenjamin@msn.comSubject: "Act Now"From: cdecent@excite.comDate: Sat, 15 Mar 2008 14:36:25 -0400
I have been following the "Act Now" campaign daily. Finally! I'm tired of the government stepping on our liberties at an ever increasing rate. I sent a the following letter to the Commissioner of the Minnesota Department of Health today expressing my views:I read in the Mesabi Daily News that you claim it is your responsibility to ensure that Minnesota bar owners and bar tenders provide a healthy environment for their patrons by enforcing the Freedom to Breath Act. Unless a patron is visiting a bar for a daily glass of red wine, he or she is not looking for a "healthy" experience. The taboo smokers face today is no less than that of persons who drink by those who never drink. I read a study during the "Big Tobacco" lawsuit that shows that about 40% of Minnesotans are smokers - barely a minority and surely enough to get a politician elected! All laws are not in the best interest of a free society (Prohibition, anyone?). Theater Night is a legitimate loophole left in a faulty Act that provides relief to both bar owners and smokers. Not legitimate? Tell that to all of us bar patrons in "North Country". Theater Night also increases state revenue through increases in liquor sales taxes and increased income tax paid by bar owners. In a time where the state is reaching into every pocket for more revenue, they should not be turning away these funds. Where do your salaries come from, anyway? Hopefully not from the liquor sales tax, cigarette tax, or income tax from smokers or bar owners.Although not required, I provided my name and email address in the spaces provided. Is there anything that we can do to continue to fight this intrusion on our rights by the Health Department? It is my understanding that only they can interpret the word "art" and issue fines to performers and bar owners. Many of us are willing unite in this cause! All we need is direction and leadership.Thank you for your ongoing support.Christina DeCentPO Box 772Gilbert, MN 55741
Minnesota Lawyer Magazine Article
Bar Buzz
by Minnesota Lawyer Staff Reporter
And all the men and women merely smokers, errr, playersCambridge attorney Mark Benjamin made Bar Buzz’s definition of the big time last week when he was interviewed by our favorite Canadian journalist, Barbara Budd, on the Canadian Broadcast Corporations radio program, “As It Happens.”Referring to Minnesota’s smoking ban, Budd remarked, “In this case, the law may prove to be an ash.”Benjamin, as you may know, is the attorney who brought you the Traveling Tobacco Troupe, which organizes “Theater Nights” in local bars where the patrons, errr, actors can smoke legally.The smoking ban law contains an exception for theatrical productions. But it seems the legislators forgot to define what constitutes a “theatrical production.”“As Shakespeare wrote, ‘All the world’s a stage,’” Benjamin told Bar Buzz.
Benjamin’s “plays” are about the social and economic costs of the smoking bans. He said the term “public health” needs to be about more than just clean air. “People who are financially stressed do not live as well or as long. People who do not maintain their social connections with their friends and neighbors at their small town bar do not live as well or as long. Economic health and social health are deserving of discussion when we talk about the health of the public. We are asking the Legislature to engage us in that discussion,” he said.Benjamin said that he generally doesn’t spend much time in bars himself, but he feels for the owners of bars who are going under because of the ban.“After you get past the festivities, the real story is about these mom and pop bars,” Benjamin said.As for getting the phone call from As It Happens, Benajmin reports, “I was so honored. I love that show.”
KSTP 5 News Video The Rock Night Club 3-14-08
The Rock Night Club was on the news tonight 3-14-08. According to the video they do not want to discuss the law only the "spirit" or "intent" of the law.
Click on Full Article and then watch the video next to the article.
Full Article
Below are links to Contact your legislators (The "Links" are to original government pages. The "stored versions" preserve hyperlinks and also print out well).:
A list of Minnesota State House Representatives: A list of Minnesota State Senators: (Note: links didn't work. Here is MN house and senate main info page. http://geo.commissions.leg.state.mn.us/districts/start.html
A few items of interest are posted below. Most of these will be posted on the http://www.freedomtoact.com/ website. There are other items posted as well so please continue to check the wesite for updates.
Some items are linked on the front page and others are found in the http://freedomtoact.blogspot.com/ (link is near the top of the page beneath the FreedomToAct.com title).
As most of you know, a ticket has been issued to Tank's Bar in Babbitt as well as one of his customers. Finally, it will be going to court....a much needed change of events. Hopefully, the threats will stop as everyone waits to see the outcome of the court case. However, they may not. So, if anyone is being threatened please let Mark and/or I know and we will follow up. I know that Sue from Polish Palace was threatened with the removal of her food license and so she has stopped the theater nights temporarily. We, at Barnacles, have had no threats. We are continuing with our theater nights. Even if threats were issued against us...we would not stop theater nights but bring it to court as Tom & Marie at Tanks has done. We completely understand that this situation is not for everyone and everyone must do as they feel best for their establishment. We have a lot of support and momentum out there, so lets keep it going in any way we can! Just a note to Tom & Marie - We are with you and lend our support to you in any way we can.
We can all play a part!
Sheila Kromer & Mark Benjamin
(Please forward & pass along this Update. Also, please note the links (at the end) to your legislators.)
Forces Article (Updated 3-16-08 Includes Mark Benjamin, The Rock & Tank's Bar)
http://forces.org/News_Portal/news_viewer.php?id=919
Rock Night Club Word
See "Maplewood Rock nightclub word + my spiel" (on http://www.freedomtoact.com/ website front page)
Link to Duluth WDIO News Video 11-15-08 (First ticket Issued)
http://www.wdio.com/article/stories/S380243.shtml?cat=10335&v=1
Link to KSTP 5 News Video 11-15-08 (First ticket Issued)
http://kstp.com/article/stories/S380283.shtml?cat=1
Editorial: A bad review for bars' 'theater' nights (Star & Tribune 3-16-08 & Greg's Comment)http://www.startribune.com/opinion/editorials/16691746.html
http://freedomtoact.blogspot.com/2008/03/my-girlfriend-dragged-me-out-of-house.html
Duluth News Tribune Article (3-15-08)
http://www.duluthnewstribune.com/articles/index.cfm?id=62488§ion=News
OUR OPINION: SMOKING brainerd dispatch 3-14-08
Fix the loophole
http://www.brainerddispatch.com/stories/031408/opi_20080314024.shtml
Letter to the Commissioner of the Minnesota Department of Health from Christina in Gilbert:To: markbenjamin@msn.comSubject: "Act Now"From: cdecent@excite.comDate: Sat, 15 Mar 2008 14:36:25 -0400
I have been following the "Act Now" campaign daily. Finally! I'm tired of the government stepping on our liberties at an ever increasing rate. I sent a the following letter to the Commissioner of the Minnesota Department of Health today expressing my views:I read in the Mesabi Daily News that you claim it is your responsibility to ensure that Minnesota bar owners and bar tenders provide a healthy environment for their patrons by enforcing the Freedom to Breath Act. Unless a patron is visiting a bar for a daily glass of red wine, he or she is not looking for a "healthy" experience. The taboo smokers face today is no less than that of persons who drink by those who never drink. I read a study during the "Big Tobacco" lawsuit that shows that about 40% of Minnesotans are smokers - barely a minority and surely enough to get a politician elected! All laws are not in the best interest of a free society (Prohibition, anyone?). Theater Night is a legitimate loophole left in a faulty Act that provides relief to both bar owners and smokers. Not legitimate? Tell that to all of us bar patrons in "North Country". Theater Night also increases state revenue through increases in liquor sales taxes and increased income tax paid by bar owners. In a time where the state is reaching into every pocket for more revenue, they should not be turning away these funds. Where do your salaries come from, anyway? Hopefully not from the liquor sales tax, cigarette tax, or income tax from smokers or bar owners.Although not required, I provided my name and email address in the spaces provided. Is there anything that we can do to continue to fight this intrusion on our rights by the Health Department? It is my understanding that only they can interpret the word "art" and issue fines to performers and bar owners. Many of us are willing unite in this cause! All we need is direction and leadership.Thank you for your ongoing support.Christina DeCentPO Box 772Gilbert, MN 55741
Minnesota Lawyer Magazine Article
Bar Buzz
by Minnesota Lawyer Staff Reporter
And all the men and women merely smokers, errr, playersCambridge attorney Mark Benjamin made Bar Buzz’s definition of the big time last week when he was interviewed by our favorite Canadian journalist, Barbara Budd, on the Canadian Broadcast Corporations radio program, “As It Happens.”Referring to Minnesota’s smoking ban, Budd remarked, “In this case, the law may prove to be an ash.”Benjamin, as you may know, is the attorney who brought you the Traveling Tobacco Troupe, which organizes “Theater Nights” in local bars where the patrons, errr, actors can smoke legally.The smoking ban law contains an exception for theatrical productions. But it seems the legislators forgot to define what constitutes a “theatrical production.”“As Shakespeare wrote, ‘All the world’s a stage,’” Benjamin told Bar Buzz.
Benjamin’s “plays” are about the social and economic costs of the smoking bans. He said the term “public health” needs to be about more than just clean air. “People who are financially stressed do not live as well or as long. People who do not maintain their social connections with their friends and neighbors at their small town bar do not live as well or as long. Economic health and social health are deserving of discussion when we talk about the health of the public. We are asking the Legislature to engage us in that discussion,” he said.Benjamin said that he generally doesn’t spend much time in bars himself, but he feels for the owners of bars who are going under because of the ban.“After you get past the festivities, the real story is about these mom and pop bars,” Benjamin said.As for getting the phone call from As It Happens, Benajmin reports, “I was so honored. I love that show.”
KSTP 5 News Video The Rock Night Club 3-14-08
The Rock Night Club was on the news tonight 3-14-08. According to the video they do not want to discuss the law only the "spirit" or "intent" of the law.
Click on Full Article and then watch the video next to the article.
Full Article
Below are links to Contact your legislators (The "Links" are to original government pages. The "stored versions" preserve hyperlinks and also print out well).:
A list of Minnesota State House Representatives: A list of Minnesota State Senators: (Note: links didn't work. Here is MN house and senate main info page. http://geo.commissions.leg.state.mn.us/districts/start.html
Letter with lawyer Mark Benjamins reply on top
Sent: Saturday, March 15, 2008 1:51 PM
Subject: RE: "Act Now"
Hi Christina --Thanks for your support. Log on to our website freedomtoact.com to get up to date reports. The site also has a list of legislators. We are encouraging everyone to write and call their state representative and senator and let them know how unfair and unjust the current ban is. Two days ago, identical bills were introduced in the House and Senate amending the smoking ban to allow veterans to smoke in their clubs and bar owners to install ventilation systems.Speak up and Act Now! Christina.-- Mark Benjamin
To: markbenjamin@msn.comSubject: "Act Now"From: cdecent@excite.comDate: Sat, 15 Mar 2008 14:36:25 -0400
I have been following the "Act Now" campaign daily. Finally! I'm tired of the government stepping on our liberties at an ever increasing rate. I sent a the following letter to the Commissioner of the Minnesota Department of Health today expressing my views:I read in the Mesabi Daily News that you claim it is your responsibility to ensure that Minnesota bar owners and bar tenders provide a healthy environment for their patrons by enforcing the Freedom to Breath Act. Unless a patron is visiting a bar for a daily glass of red wine, he or she is not looking for a "healthy" experience. The taboo smokers face today is no less than that of persons who drink by those who never drink. I read a study during the "Big Tobacco" lawsuit that shows that about 40% of Minnesotans are smokers - barely a minority and surely enough to get a politician elected! All laws are not in the best interest of a free society (Prohibition, anyone?). Theater Night is a legitimate loophole left in a faulty Act that provides relief to both bar owners and smokers. Not legitimate? Tell that to all of us bar patrons in "North Country". Theater Night also increases state revenue through increases in liquor sales taxes and increased income tax paid by bar owners. In a time where the state is reaching into every pocket for more revenue, they should not be turning away these funds. Where do your salaries come from, anyway? Hopefully not from the liquor sales tax, cigarette tax, or income tax from smokers or bar owners.Although not required, I provided my name and email address in the spaces provided. Is there anything that we can do to continue to fight this intrusion on our rights by the Health Department? It is my understanding that only they can interpret the word "art" and issue fines to performers and bar owners. Many of us are willing unite in this cause! All we need is direction and leadership.Thank you for your ongoing support.Christina DeCentPO Box 772Gilbert, MN 55741cdecent@excite.com
Subject: RE: "Act Now"
Hi Christina --Thanks for your support. Log on to our website freedomtoact.com to get up to date reports. The site also has a list of legislators. We are encouraging everyone to write and call their state representative and senator and let them know how unfair and unjust the current ban is. Two days ago, identical bills were introduced in the House and Senate amending the smoking ban to allow veterans to smoke in their clubs and bar owners to install ventilation systems.Speak up and Act Now! Christina.-- Mark Benjamin
To: markbenjamin@msn.comSubject: "Act Now"From: cdecent@excite.comDate: Sat, 15 Mar 2008 14:36:25 -0400
I have been following the "Act Now" campaign daily. Finally! I'm tired of the government stepping on our liberties at an ever increasing rate. I sent a the following letter to the Commissioner of the Minnesota Department of Health today expressing my views:I read in the Mesabi Daily News that you claim it is your responsibility to ensure that Minnesota bar owners and bar tenders provide a healthy environment for their patrons by enforcing the Freedom to Breath Act. Unless a patron is visiting a bar for a daily glass of red wine, he or she is not looking for a "healthy" experience. The taboo smokers face today is no less than that of persons who drink by those who never drink. I read a study during the "Big Tobacco" lawsuit that shows that about 40% of Minnesotans are smokers - barely a minority and surely enough to get a politician elected! All laws are not in the best interest of a free society (Prohibition, anyone?). Theater Night is a legitimate loophole left in a faulty Act that provides relief to both bar owners and smokers. Not legitimate? Tell that to all of us bar patrons in "North Country". Theater Night also increases state revenue through increases in liquor sales taxes and increased income tax paid by bar owners. In a time where the state is reaching into every pocket for more revenue, they should not be turning away these funds. Where do your salaries come from, anyway? Hopefully not from the liquor sales tax, cigarette tax, or income tax from smokers or bar owners.Although not required, I provided my name and email address in the spaces provided. Is there anything that we can do to continue to fight this intrusion on our rights by the Health Department? It is my understanding that only they can interpret the word "art" and issue fines to performers and bar owners. Many of us are willing unite in this cause! All we need is direction and leadership.Thank you for your ongoing support.Christina DeCentPO Box 772Gilbert, MN 55741cdecent@excite.com
Polish Palace threatened. Halts smokin theater.
Subject: Re: Important Update - Theater Night
The Morrison County Health Department theatened to pull my food license. I put my theater on hold.
Sue Kiley - Polish Palace
The Morrison County Health Department theatened to pull my food license. I put my theater on hold.
Sue Kiley - Polish Palace
Sunday, March 16, 2008
Rock nightclub last show for now
Just my opinion as a blogger wannabee after some research. If the City of Maplewood follows through on indirect retaliatory actions against the Rock nightclub for the legal, according to the MN attorney general opinion or lack thereof action if theater nights this should be covered by the "violation of civil rights" laws. Admittedly, this is usually used by racial minorities, and at times it is appropriate there but the "violation of rights" includes all reasonable legal expenses by the defendants. This can get very expensive to the municipality if they lose. Maplewood already has a reputation at the most dysfunctional Twin Cites suburb. http://articles.citypages.com/2008-02-20/news/maplewood-follies/
I hope things don't come to a legal battle but if they do I am a "concerned party" owning 50% of a house in Maplewood. (My brother owns the other half, parents house from estate. He is not involved in this. Don't go after him)
If it gets to a trial, which I hope it doesn't, public officials can be put under oath for public testimony. Statements will be be vetted. That is a right. Perjury is a criminal offense and I have more than a quarter century of governmental "courthouse" experience. As Clint Eastwood/Dirty Harry said. "Go ahead punk! Make my day."
I have no problems with public official enforcing fairly the "letter" of the law. "Spirit" is not in my legal dictionary. I hope it doesn't come to this but if it does I will pull out my "nuke". I happen to own http://55109.com If there is a legal fight with Maplewood (I hope there will not be) I'll post everything connected with it on http://55109.com This directly covers a third to one half of Maplewood. I'd assume everyone in Maplewood knows someone in 55109 zip code so the communications with citizens should be good.
Let's hope the dysfunctional Maplewood city government sees the light and it doesn't get to this. If they do it could potenially get very expensive for Maplewood.
Greg - This is from the Rock Night Club's website. Can we post.
http://www.therocknightclub.com/
FOR IMMEDIATE RELEASE
"Before The Ban"
FINAL CURTAIN CALL THIS SUNDAY!
THE CITY ATTORNEY, ALLEN KANTRUD, FROM MAPLEWOOD HAS THREATENED US WITH PLACING OUR LIQUOR LICENSE BEFORE THE CITY COUNCIL IF WE DO NOT END OUR THEATRICAL PRODUCTION OF "BEFORE THE BAN." WE ARE BEING TOLD THAT THE MN HEALTH DEPARTMENT IS PRESSURING THE CITY TO TAKE ACTION AGAINST US FOR... FOLLOWING THE LAW. WE KNOW THAT WE ARE IN FULL COMPLIANCE WITH THE LAW AND FIND THE MN HEALTH DEPARTMENT VIOLATING OUR LEGAL RIGHTS.
TO EXPRESS YOUR DISPLEASURE WITH THE VIOLATION OF YOUR LEGAL RIGHTS UNDER A VERY CLEAR LAW WRITTEN BY YOUR LEGISLATORS PLEASE CONTACT THE MAPLEWOOD CITY ATTORNEY ALLEN KANTRUD OR THE MN DEPARTMENT OF PUBLIC HEALTH. WE ALSO ENCOURAGE YOU TO NOTIFY YOUR LEGISLATORS REGARDING THIS ISSUE.
WE HAVE DECIDED AT THIS POINT TO END OUR PRODUCTION. WE DO HOWEVER ENCOURAGE OTHER BARS TO CONTINUE SUPPORTING THE NEED FOR "THEATRICAL PROFORMANCES." ANY BAR IN THE STATE WISHING TO GET MORE INFO ON HOLDING YOUR OWN THEATER NIGHTS PLEASE CONTACT management@therocknightclub.com
WE MAY BE ENDING OUR PRODUCTION BUT WE WILL CONTINUE TO SUPPORT THE LEGAL AND CONSTITUTIONAL RIGHTS
I hope things don't come to a legal battle but if they do I am a "concerned party" owning 50% of a house in Maplewood. (My brother owns the other half, parents house from estate. He is not involved in this. Don't go after him)
If it gets to a trial, which I hope it doesn't, public officials can be put under oath for public testimony. Statements will be be vetted. That is a right. Perjury is a criminal offense and I have more than a quarter century of governmental "courthouse" experience. As Clint Eastwood/Dirty Harry said. "Go ahead punk! Make my day."
I have no problems with public official enforcing fairly the "letter" of the law. "Spirit" is not in my legal dictionary. I hope it doesn't come to this but if it does I will pull out my "nuke". I happen to own http://55109.com If there is a legal fight with Maplewood (I hope there will not be) I'll post everything connected with it on http://55109.com This directly covers a third to one half of Maplewood. I'd assume everyone in Maplewood knows someone in 55109 zip code so the communications with citizens should be good.
Let's hope the dysfunctional Maplewood city government sees the light and it doesn't get to this. If they do it could potenially get very expensive for Maplewood.
Greg - This is from the Rock Night Club's website. Can we post.
http://www.therocknightclub.com/
FOR IMMEDIATE RELEASE
"Before The Ban"
FINAL CURTAIN CALL THIS SUNDAY!
THE CITY ATTORNEY, ALLEN KANTRUD, FROM MAPLEWOOD HAS THREATENED US WITH PLACING OUR LIQUOR LICENSE BEFORE THE CITY COUNCIL IF WE DO NOT END OUR THEATRICAL PRODUCTION OF "BEFORE THE BAN." WE ARE BEING TOLD THAT THE MN HEALTH DEPARTMENT IS PRESSURING THE CITY TO TAKE ACTION AGAINST US FOR... FOLLOWING THE LAW. WE KNOW THAT WE ARE IN FULL COMPLIANCE WITH THE LAW AND FIND THE MN HEALTH DEPARTMENT VIOLATING OUR LEGAL RIGHTS.
TO EXPRESS YOUR DISPLEASURE WITH THE VIOLATION OF YOUR LEGAL RIGHTS UNDER A VERY CLEAR LAW WRITTEN BY YOUR LEGISLATORS PLEASE CONTACT THE MAPLEWOOD CITY ATTORNEY ALLEN KANTRUD OR THE MN DEPARTMENT OF PUBLIC HEALTH. WE ALSO ENCOURAGE YOU TO NOTIFY YOUR LEGISLATORS REGARDING THIS ISSUE.
WE HAVE DECIDED AT THIS POINT TO END OUR PRODUCTION. WE DO HOWEVER ENCOURAGE OTHER BARS TO CONTINUE SUPPORTING THE NEED FOR "THEATRICAL PROFORMANCES." ANY BAR IN THE STATE WISHING TO GET MORE INFO ON HOLDING YOUR OWN THEATER NIGHTS PLEASE CONTACT management@therocknightclub.com
WE MAY BE ENDING OUR PRODUCTION BUT WE WILL CONTINUE TO SUPPORT THE LEGAL AND CONSTITUTIONAL RIGHTS
My friends dragged me out of the house. We went to a party where I basically couldn't talk about this project, computers or the Internet. Probably good for me but I have to relearn that "small talk" thing. The Star Tribune has a "pro-ban" editorial where they are worried about the financial repercussions of the "smoke theater". Not loss of business of course but the fines and other legal costs.Very loopy logic. I don't see it as convincing much more than the "choir". Editorial link http://www.startribune.com/opinion/editorials/16691746.html
It mentioned the heart attack decrease after the smoking ban which has been totally debunked. For heart studies the "gold standard" is the "Framingham (MA) heart study. Started in 1948 with almost 5200 people representative of the adult population of Framingham, MA. It's 60 years old this year now studying three generations. The original group was almost 60% women.
Just after WWII the majority of men smoked but far fewer women did. The age of charter participants in 1948 ranged from 20 to 75 so they would be 80 to 135 today. Obviously the charter group members have mostly died. The questionnaires asked about smoking by the person or by others in household. The study now follows a large number of the children and grandchildren of the 1948 charter participants. If those 20 year olds had a child that year the child would now be 60. This is a longitudinal study "on steroids". Death and autopsy are the ultimate medical diagnostic tool and obviously most of the charter participants have passed on.
Because of the length and size of the study it should answer two questions about secondhand smoke. #1: Comparing the non-smoking wives of smokers and non-smokers. #2: The effects on children in both household groups. Assuming most women had children back then before age 30 almost all children should be at least 50 by now. In short the Framingham study seems like the ideal source to look for the effects of second hand smoke.
I downloaded the 750 page Surgeon General's 2006 report on second hand smoke. Oh my gosh! The index has no reference to to the Framingham study. I did a keyword search on "Framingham" and it came up blank. No mention. I first heard of the Framingham study in grade school. I really hadn't looked into it before now. It should be a "goldmine" for information on secondhand smokes effect. Gosh darn! Do you think the Surgeon General has never heard of the Framingham study? I have and I don't even "play doctor" (well except for some after the bar situation on which it would be inappropriate to elaborate on).
Also, I spent a few minutes at the American Heart Association reading about heart attacks and their symptoms. They are very generalized and vague. In the Framingham study 25% of heart attacks were without symptoms and were discovered by comparing annual EKG's! I had an EKG in 1995 and another in 2000 when I dislocated my shoulder. I suggested that the doctors compare the two and everything seemed good. In that five years I probably had 1,000 incidents that matched the AHA symptoms for a potential heart attack. I was working nights and drinking a lot of coffee so figure a lot of "heartburn". In the eight years have only been to the doctor for a bad knee. The point is that an actual heart attack is extremely hard to diagnose, especially a minor one. An EKG helps but it's a lot harder without a baseline (when was the last time you had an EKG?). There are blood chemicals that rise from tissue death but was it the heart or that lifting that gave out a "Charlie horse" cramp? Both kill tissue but standard muscle tissue repairs far better than heart tissue does.
Cardiologists, like highway patrol troopers see the "train wrecks" so they are driven to keep us off the "primrose path". If you came in fearing a heart attack this is one time you might "get religious" and mend your ways before you have a real accident or heart attack. This is good in many ways. If you want to get really technical a "true heart attack" is actual destruction of heart muscle due to an obstruction in the blood vessels feeding them. If a person comes in with an arterial blockage but no heart muscle damage this is technically not a "heart attack" but instead a "wake up call". It should be heeded. That said a hospital admission is not the same as a proven heart attack. In the TOWN that was the basis for this ER heart attack cases decreased from an average of seven to four per month. This is a very small sample and it cited "hospital admissions" for heart attacks. In states or even large cities that banned indoor/bar smoking (IE: San Francisco, NYC or New York State the larger sample cases were iconclusive.)
The effectiveness of aspirin in reducing heart attacks came out of the Framingham study. It was good research as is the entire research project. Anyway, if there was a definite second hand smoke link proven "by looking straight in the horses mouth" the Framingham study should have shown it. OK to distribute to all. I'll paste on the blog and eventually post on web site.
It mentioned the heart attack decrease after the smoking ban which has been totally debunked. For heart studies the "gold standard" is the "Framingham (MA) heart study. Started in 1948 with almost 5200 people representative of the adult population of Framingham, MA. It's 60 years old this year now studying three generations. The original group was almost 60% women.
Just after WWII the majority of men smoked but far fewer women did. The age of charter participants in 1948 ranged from 20 to 75 so they would be 80 to 135 today. Obviously the charter group members have mostly died. The questionnaires asked about smoking by the person or by others in household. The study now follows a large number of the children and grandchildren of the 1948 charter participants. If those 20 year olds had a child that year the child would now be 60. This is a longitudinal study "on steroids". Death and autopsy are the ultimate medical diagnostic tool and obviously most of the charter participants have passed on.
Because of the length and size of the study it should answer two questions about secondhand smoke. #1: Comparing the non-smoking wives of smokers and non-smokers. #2: The effects on children in both household groups. Assuming most women had children back then before age 30 almost all children should be at least 50 by now. In short the Framingham study seems like the ideal source to look for the effects of second hand smoke.
I downloaded the 750 page Surgeon General's 2006 report on second hand smoke. Oh my gosh! The index has no reference to to the Framingham study. I did a keyword search on "Framingham" and it came up blank. No mention. I first heard of the Framingham study in grade school. I really hadn't looked into it before now. It should be a "goldmine" for information on secondhand smokes effect. Gosh darn! Do you think the Surgeon General has never heard of the Framingham study? I have and I don't even "play doctor" (well except for some after the bar situation on which it would be inappropriate to elaborate on).
Also, I spent a few minutes at the American Heart Association reading about heart attacks and their symptoms. They are very generalized and vague. In the Framingham study 25% of heart attacks were without symptoms and were discovered by comparing annual EKG's! I had an EKG in 1995 and another in 2000 when I dislocated my shoulder. I suggested that the doctors compare the two and everything seemed good. In that five years I probably had 1,000 incidents that matched the AHA symptoms for a potential heart attack. I was working nights and drinking a lot of coffee so figure a lot of "heartburn". In the eight years have only been to the doctor for a bad knee. The point is that an actual heart attack is extremely hard to diagnose, especially a minor one. An EKG helps but it's a lot harder without a baseline (when was the last time you had an EKG?). There are blood chemicals that rise from tissue death but was it the heart or that lifting that gave out a "Charlie horse" cramp? Both kill tissue but standard muscle tissue repairs far better than heart tissue does.
Cardiologists, like highway patrol troopers see the "train wrecks" so they are driven to keep us off the "primrose path". If you came in fearing a heart attack this is one time you might "get religious" and mend your ways before you have a real accident or heart attack. This is good in many ways. If you want to get really technical a "true heart attack" is actual destruction of heart muscle due to an obstruction in the blood vessels feeding them. If a person comes in with an arterial blockage but no heart muscle damage this is technically not a "heart attack" but instead a "wake up call". It should be heeded. That said a hospital admission is not the same as a proven heart attack. In the TOWN that was the basis for this ER heart attack cases decreased from an average of seven to four per month. This is a very small sample and it cited "hospital admissions" for heart attacks. In states or even large cities that banned indoor/bar smoking (IE: San Francisco, NYC or New York State the larger sample cases were iconclusive.)
The effectiveness of aspirin in reducing heart attacks came out of the Framingham study. It was good research as is the entire research project. Anyway, if there was a definite second hand smoke link proven "by looking straight in the horses mouth" the Framingham study should have shown it. OK to distribute to all. I'll paste on the blog and eventually post on web site.
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