Apparently the Minnesota Department of Health has made itself the government arbitor of what constitutes "real theater" and thus "art". Has the DOH taken any documented action against "real theater" like the Jungle Theater in Minneapolis who was been observed having actor smoking without required ntoification that there will be smoking?
Just my opinion but when dealing with the MN DOH keep the conversation focused on the legal perspective not your personal business situation. Ask the public official contacting you to specifically state your rights. If they don't know these they should be enforcing the law. If they say they have a "legal opinion" ask them to detail it and don't just accept "the Department" . One option of a "legal opinion" by a named lawyer is that a grievance can be potentially filed against the MN State Bar Association. Greg Lang
To: sheila kromer
Sent: Friday, March 28, 2008 11:39 AM
Subject: Letter
Sheila, I have just received a phone call from Dale Dorschner with the health department. He asked if I was still having Theater night and is sending a letter for me to sign and send back to him. It will state that I will quit Theater nights.I told him I would not stop because I would have to close my doors and put all my help out of work. He said the Theater exemption was for real theaters like the Guthrie etc. So that's where I am at this point. I will send the letter to Mark as soon as I get it. Birdie
Saturday, March 29, 2008
Update for Shiela Kromer of Barnacles.
Hello Everyone,
A little activity going on today. Have you noticed that the MDH always seems to do their work late in the week, especially Fridays. I wonder why??? Perhaps to heighten their effect? Robert sent a copy of the MDH letter and I have forwarded it to Greg to post on the website www.freedomtoact.com . Please keep checking the website. The bar owners that were contacted either by phone or in person are Bullseye Saloon (& a bar next to him), Bugg's Bar, Bird's Nest and Dusty Eagle. These are the bars that we know of. If anyone else has been contacted, please let Mark or myself know. To date, we (at Barnacles) have not been contacted at all. Mark will be issuing a press release probably on Monday. Below I have included e-mails from Birdie (Bird's Nest) and Robert (Bullseye Saloon). You go guys!! We are with you 100%.
From Birdie:
Sheila, I have just received a phone call from Dale Dorschner with the health department. He asked if I was still having Theater night and is sending a letter for me to sign and send back to him. It will state that I will quit Theater nights.I told him I would not stop because I would have to close my doors and put all my help out of work. He said the Theater exemption was for real theaters like the Guthrie etc. So that's where I am at this point. I will send the letter to Mark as soon as I get it. Birdie
From Robert:
Hey guys-Robert Ripley here at Bullseye Saloon. The MDH (his name was Dale) physically stopped into my bar yesterday at about 3pm. I was not there so I insteadtalked to them on the phone. They asked me to come down immediately and sign this letter. I politely declined. (ok, not super politely). Dale told me thathe saw "evidence" of smoking going on, (but he did not actually witness anyone smoking) and asked if I was holding theatre nights. I told him we were. He thentold me that, and I quote, "The MDH is of the legal opinion that these theatre nights violate the MCIAA." I responded that "I am of the legal opinion that weare NOT breaking any laws whatsoever." He asked if I could give him a "verbal" agreement that we would cease theatre nights immediately, and I asked if hecould turn around and let the bartender know that she was being laid off today... I explained that I am trying to keep as many Minnesoatans working as possible, and I would like that single-motherbartender to be able to bring a paycheck home to her 4-yr old son this week. I think he got the point. He left the form for me telling me that if I did not faxit back before morning they "could" impose legal action like court, $10,000 fine, and loss of license. I asked him if he had the power to ticket anyone, andhe said no. I asked him if he was going to take away my liq license... and he said that I was "jeopardizing" it. He started snapping pictures ofeverything in the bar until the bartender told him to stop taking pictures of her. They then went to the bar next door to me and did the same thing. The barowner over there did the same thing I did.Blowhards.I have the letter if you want me to fax it.Here is my number if you would like to speak further on this matter.Robert Ripley
A little activity going on today. Have you noticed that the MDH always seems to do their work late in the week, especially Fridays. I wonder why??? Perhaps to heighten their effect? Robert sent a copy of the MDH letter and I have forwarded it to Greg to post on the website www.freedomtoact.com . Please keep checking the website. The bar owners that were contacted either by phone or in person are Bullseye Saloon (& a bar next to him), Bugg's Bar, Bird's Nest and Dusty Eagle. These are the bars that we know of. If anyone else has been contacted, please let Mark or myself know. To date, we (at Barnacles) have not been contacted at all. Mark will be issuing a press release probably on Monday. Below I have included e-mails from Birdie (Bird's Nest) and Robert (Bullseye Saloon). You go guys!! We are with you 100%.
From Birdie:
Sheila, I have just received a phone call from Dale Dorschner with the health department. He asked if I was still having Theater night and is sending a letter for me to sign and send back to him. It will state that I will quit Theater nights.I told him I would not stop because I would have to close my doors and put all my help out of work. He said the Theater exemption was for real theaters like the Guthrie etc. So that's where I am at this point. I will send the letter to Mark as soon as I get it. Birdie
From Robert:
Hey guys-Robert Ripley here at Bullseye Saloon. The MDH (his name was Dale) physically stopped into my bar yesterday at about 3pm. I was not there so I insteadtalked to them on the phone. They asked me to come down immediately and sign this letter. I politely declined. (ok, not super politely). Dale told me thathe saw "evidence" of smoking going on, (but he did not actually witness anyone smoking) and asked if I was holding theatre nights. I told him we were. He thentold me that, and I quote, "The MDH is of the legal opinion that these theatre nights violate the MCIAA." I responded that "I am of the legal opinion that weare NOT breaking any laws whatsoever." He asked if I could give him a "verbal" agreement that we would cease theatre nights immediately, and I asked if hecould turn around and let the bartender know that she was being laid off today... I explained that I am trying to keep as many Minnesoatans working as possible, and I would like that single-motherbartender to be able to bring a paycheck home to her 4-yr old son this week. I think he got the point. He left the form for me telling me that if I did not faxit back before morning they "could" impose legal action like court, $10,000 fine, and loss of license. I asked him if he had the power to ticket anyone, andhe said no. I asked him if he was going to take away my liq license... and he said that I was "jeopardizing" it. He started snapping pictures ofeverything in the bar until the bartender told him to stop taking pictures of her. They then went to the bar next door to me and did the same thing. The barowner over there did the same thing I did.Blowhards.I have the letter if you want me to fax it.Here is my number if you would like to speak further on this matter.Robert Ripley
Friday, March 28, 2008
Post ASAP: Warning Alert - Theater Night
Indeed, there does seem to be a new development. We are getting reports from our participating bars that health inspectors are arriving in person at the bar, demanding to see the owner and presenting him/her with a document stating: (1) we believe you have been hosting Theater Night in your bar; (2) the MN Department of Health has determined that Theater Night in bars violates the state's smoking ban; and (3) by signing this document, you agree not to host Theater Night again and avoid the possiblity of being fined up to $10,000. They are also taking pictures for quote "evidence".I couldn't figure out why they were doing this at first, outside of sheer harassment and intimidation. But then I checked Minn. Stat. 144.99, Subd. 4 (administrative penalty orders) which gives the MDH the authority to issue fines. To issue a fine under the procedures outlined in Minn. Stat. 144.991, an adminstrative penalty order “must include”:
(1) a concise statement of the facts alleged to constitute a violation;
(2) a reference to the section of the statute, rule, variance, order, stipulation agreement, or term or condition of a permit that has been violated;
(3) a statement of the amount of the administrative penalty to be imposed and the factors upon which the penalty is based; and
(4) a statement of the person's right to review of the order.
(my emphasis.) It appears pretty clear to me that our dedicated public servants at the MDH have hit upon a way to enforce the smoking ban -- by getting unsuspecting bar owners to enter into a "stipulation agreement". This would be the hook by which a bar owner would expose himself or herself to legal enforcement by the MDH of the smoking ban.Because they don't got the law -- and they know it.That's why they have been going out en masse and in person to get quick signatures on these documents -- and catch us off guard. We are warning our people of what will happen if they sign it.The show goes on!-- Mark Benjamin
(1) a concise statement of the facts alleged to constitute a violation;
(2) a reference to the section of the statute, rule, variance, order, stipulation agreement, or term or condition of a permit that has been violated;
(3) a statement of the amount of the administrative penalty to be imposed and the factors upon which the penalty is based; and
(4) a statement of the person's right to review of the order.
(my emphasis.) It appears pretty clear to me that our dedicated public servants at the MDH have hit upon a way to enforce the smoking ban -- by getting unsuspecting bar owners to enter into a "stipulation agreement". This would be the hook by which a bar owner would expose himself or herself to legal enforcement by the MDH of the smoking ban.Because they don't got the law -- and they know it.That's why they have been going out en masse and in person to get quick signatures on these documents -- and catch us off guard. We are warning our people of what will happen if they sign it.The show goes on!-- Mark Benjamin
Alert! "Health Department" asking bar owners to sign "No Theater Night" document.
My comments: Make a note of date and time and always get a name. Public officials must identify themselves if they are claiming to be on public business.
Let them ask you to sign the paper and then ask them to mail. Let Shiela and/or Mark let you know if you receive or do not receive the document in a timely manner. There is a potential for "predatory enforcement" here. Greg Lang
Hi Everyone,
Just wanted to let you know of a new development. Two separate bar owners have notified Mark Benjamin that they were called by the Health Department. The Health Department said they had a document and were asking these bar owners to sign it. It said something to the effect that they would no longer hold any theater nights. We do not have a copy of the document. One of the bar owners told them to send it in the mail. If any of you are asked to sign this document, tell them that you want your attorney to review it first. Please notify myself or Mark if this happens to you.
Thanks much!
Sheila
Let them ask you to sign the paper and then ask them to mail. Let Shiela and/or Mark let you know if you receive or do not receive the document in a timely manner. There is a potential for "predatory enforcement" here. Greg Lang
Hi Everyone,
Just wanted to let you know of a new development. Two separate bar owners have notified Mark Benjamin that they were called by the Health Department. The Health Department said they had a document and were asking these bar owners to sign it. It said something to the effect that they would no longer hold any theater nights. We do not have a copy of the document. One of the bar owners told them to send it in the mail. If any of you are asked to sign this document, tell them that you want your attorney to review it first. Please notify myself or Mark if this happens to you.
Thanks much!
Sheila
Thursday, March 27, 2008
Theater Night Update 3-26-08
From: Sheila Kromer
Sent: Wednesday, March 26, 2008 10:04 PM
Subject: Theater Night Update 3-26-08
Hello Everyone,
Time for another update. As many of you probably already know, Sabin's Bar was ticketed this past Friday night and Mark will be representing them in court. We are looking forward to our day in court. Please take special note of the Fund raising effort that Kenn Rockler (Executive Director of Tavern League) and I have put together. It is to help Mark defray some of the out of pocket expenses he has incurred, as well as to hire an Administrative Law Attorney to help put a stop to the bullying tactics of the MDH. Just so everyone knows, there has NOT been a ruling by the Attorney General. I would like to encourage everyone to please write their elected officials and even include the governor. There will be "form" letters posted on the website soon that are easy to use if you so choose. I would also like to thank Greg Lang for the excellent job he is doing on his website http://www.freedomtoact.com/ . Greg has put a lot of time and effort in his website to help keep everyone informed and we owe him a debt of gratitude. Did you notice his new banner?
In addition to the items below, there are more posted on the website http://www.freedomtoact.com.....so/ so please make sure you visit it also. One last thing, THANK-YOU MARK BENJAMIN!!!
Sheila Kromer
(P.S. We are doing well with our theater nights. I will have our March numbers soon and they are looking good!)
Message From Mark Benjamin
After six weeks of Theater Night in Minnesota, we have a grand total of 3 petty misdemeanor tickets issued by law enforcement -- 2 in Babbitt and 1 in Chisholm -- none of which were issued by the Minnesota Department of Health. To date, the only thing that they have issued are verbal and written threats with no follow-up legal action.I welcome the tickets because we will finally get a chance at a court ruling on the legality of Theater Night. I intend to streamline the judicial process so as to get the earliest possible ruling. Here's how: (1) we will stipulate to the facts because there is no factual issue in dispute, namely, that there was smoking indoors in a public place during a "theatrical production"; (2) we will submit written memos of law to the presiding judge on the legal issue that is in dispute, namely, whether or not the "theatrical productions" exception to the state-wide smoking ban is applicable in any public indoor establishment (like Tank's and Sabin's bars) and not just at "respectable" theater establishments like the Guthrie or The Jungle; and (3) we will request a date for oral argument so that all Minnesotans can hear both sides on this important issue.As an aside, I have half a mind to subpoena the commissioner of the Department of Health, Dr. Magnan, and require her to produce the written legal opinion that her agency supposedly received prior to issuing the March 5 press release that declared Theater Night in Minnesota bars to be illegal. To date, she refuses to provide this document despite repeated requests from reporters.I look forward to our court hearing up on "da Range". It will be a bit of a homecoming for me. After my discharge from the Marines in 1986, I clerked for a district court judge in Hibbing and lived for a year in Chisholm.To those of you who continue to host Theater Night in your bars, I say keep the faith and stay strong! It is now only a matter of time before we tell the world that we are right and Dr. Magnan is wrong.Semper Fi,Mark BenjaminAttorney at Law
Fund Raising Effort
Will be posted soon on http://www.blogger.com/ website
On-Sale Chairman
Charles Senkler
Fabulous Ferns
Government Relations
MaryAnn Campo
Executive
Director
Kenn Rockler
March 25, 2008
This is an open letter to all individuals and businesses who are concerned with the erosion of our
civil rights, the harm being done to thousands of employees, hundreds of businesses, the State of Minnesota’s budget, and hundreds of charities throughout Minnesota. We are talking about the extreme downturn in business that is a direct result of The Freedom To Breathe Act (FTBA), which went into effect October 1, 2007. The evidence is now in and the facts are conclusive, this legislation is causing severe economic damage to the hospitality industry. It is clear that the FTBA is going to result in more jobs being lost than the closing of the Ford Plant and a merger between Northwest Airlines and Delta Airlines combined.
There are many people who fought against the bans but there is one person who has seized the opportunity to offer the industry the chance to re-open the issue at the Minnesota State Legislature. Attorney Mark Benjamin through his understanding of the Theatre Exemption provision in the FTBA, his willingness to assist bar owners in setting up their own theatre productions, and his willingness to defend (pro-bono) bar owners who are (have been cited) for using theatre nights in an attempt to save their businesses, has brought this issue to the attention of not only Minnesotans, but to people and the press from all over the world.
Mark is still working pro-bono and it is taking 110% of his time. In the meantime, he has incurred thousands of dollars in expenses in cell phone bills, travel expense, and office expense. This fight is for everyone who cares about our freedom as citizens, veterans, employees, and small businesses. We need to assist Mark in this fight. We are seeking your assistance to partially defer Mark’s expenses in this fight for all of our rights and for Mark to hire an administrative law attorney to address the unethical “bullying” tactics of the MDH. The Tavern League is setting up a dedicated fund to help in this fight. 100% of your donation will be going to Mark Benjamin’s Defense fund. None of this money is going to lobbying so it is 100% deductible and can be a personal or a business check. Please send your contributions whatever the amount you deem appropriate to the Tavern League at the above address. It doesn’t matter how small the amount you feel you can donate, this is everyone’s fight. Please include “Mark Benjamin’s Defense Fund” on the check.
We thank you sincerely for your contributions and your efforts in this fight.
Sheila Kromer Kenn Rockler
PBS: New show ....
(posted on http://www.blogger.com/ website - "Unnatural Causes: Is Inequality Making Us Sick?," )
http://www.blogger.com/
(PBS.org TV schedules: http://www.blogger.com/ Title: Unnatural Causes)
Eat right, exercise, don't smoke, inherit good genes and, conventional wisdom dictates, you gain the best measure of protection against illness.
Not so fast, argues a new PBS series.
"Unnatural Causes: Is Inequality Making Us Sick?," airing on four consecutive Thursdays beginning this week, explores the idea that work, race, economic status and neighborhood conditions may affect a person's health as much or more than habits or genetics.
Looking at communities in several states including Pennsylvania , the series examines why America ranks as the world's wealthiest nation and yet is 30th in life expectancy and 31st in infant mortality.
Among the intriguing questions "Unnatural Causes" probes: Why do poor Mexican immigrants see their health erode the longer they stay in America ? Why do poor smokers develop lung cancer more often than rich smokers? Why are some black and American Indian populations less likely to reach 65 than people from Bangladesh or Ghana ?
Improved housing, higher wages and more control on the job foster health as much as quitting smoking or eating well, according to a Harvard University epidemiologist quoted in the series. In other words, social policy may be crucial to a citizenry's physical well-being.
The first episode, airing 10 p.m. Thursday on WQED and titled "In Sickness and in Wealth," looks at the link between health and wealth through the lives of Louisville, Ky., residents, including a CEO, a lab supervisor, a janitor and a welfare mother.
PBS Description: Episode title: In Sickness And In Wealth
Episode description: This is a story about health, but it's not about doctors or drugs. Set mostly in Louisville , Kentucky , it's a detective story out to solve the mystery of what's stalking and killing so many Americans before their time. The program uncovers the connections between healthy bodies and healthy bank accounts - and why residents of so many other nations, including many poorer countries, live longer and healthier lives. Solutions, evidence suggests, may lie not in more pills but in more equality.
Episode guide: The connections between healthy bodies and healthy bank accounts are uncovered.
Mark Benjamin's Editorial in the Star & Tribune (3-23-08)
(Posted on http://www.blogger.com/ website)
Form Letters to Use for Senators and House Members (3-26-08)
(Will be posted soon on http://www.blogger.com/ website)
E-mail exchange with Senator Sheran (3-25-08)
(Posted on http://www.blogger.com/ website)
Sheila's Letter to House Member (3-26-08)
(Will be posted soon on http://www.blogger.com/ website) ( I also sent an identical letter to my Senator but changed it to Senate file SF3727)
KSTP Poll (3-26-08) (58% are against smoking bans i
http://www.surveyusa.com/client/PollReportPopup.aspx?g=67d97b88-f10f-48e7-a8b7-d99b2cbad8a7&q=39166
U of M reporter video at the Rock (3-26-08)
(Posted on http://www.blogger.com/ website)
Letter to the Editor (3-26-08)
(Will be posted soon on http://www.blogger.com/ website)
http://www.startribune.com/local/west/16929686.html
Bar patrons responding to smoking ban's tyranny.
If the intent of the Minnesota smoking ban was to improve indoor air quality, the law would have been written in terms of an air-quality standard and not a smoking ban.With their participation in "theater nights," bars are using the letter of the law to protest the spirit of the law behind the state's five-month-old indoor smoking ban. When the spirit of the law is tyranny, civil disobedience will surely follow.
LOWELL JOHNSON. BLOOMINGTON
Sent: Wednesday, March 26, 2008 10:04 PM
Subject: Theater Night Update 3-26-08
Hello Everyone,
Time for another update. As many of you probably already know, Sabin's Bar was ticketed this past Friday night and Mark will be representing them in court. We are looking forward to our day in court. Please take special note of the Fund raising effort that Kenn Rockler (Executive Director of Tavern League) and I have put together. It is to help Mark defray some of the out of pocket expenses he has incurred, as well as to hire an Administrative Law Attorney to help put a stop to the bullying tactics of the MDH. Just so everyone knows, there has NOT been a ruling by the Attorney General. I would like to encourage everyone to please write their elected officials and even include the governor. There will be "form" letters posted on the website soon that are easy to use if you so choose. I would also like to thank Greg Lang for the excellent job he is doing on his website http://www.freedomtoact.com/ . Greg has put a lot of time and effort in his website to help keep everyone informed and we owe him a debt of gratitude. Did you notice his new banner?
In addition to the items below, there are more posted on the website http://www.freedomtoact.com.....so/ so please make sure you visit it also. One last thing, THANK-YOU MARK BENJAMIN!!!
Sheila Kromer
(P.S. We are doing well with our theater nights. I will have our March numbers soon and they are looking good!)
Message From Mark Benjamin
After six weeks of Theater Night in Minnesota, we have a grand total of 3 petty misdemeanor tickets issued by law enforcement -- 2 in Babbitt and 1 in Chisholm -- none of which were issued by the Minnesota Department of Health. To date, the only thing that they have issued are verbal and written threats with no follow-up legal action.I welcome the tickets because we will finally get a chance at a court ruling on the legality of Theater Night. I intend to streamline the judicial process so as to get the earliest possible ruling. Here's how: (1) we will stipulate to the facts because there is no factual issue in dispute, namely, that there was smoking indoors in a public place during a "theatrical production"; (2) we will submit written memos of law to the presiding judge on the legal issue that is in dispute, namely, whether or not the "theatrical productions" exception to the state-wide smoking ban is applicable in any public indoor establishment (like Tank's and Sabin's bars) and not just at "respectable" theater establishments like the Guthrie or The Jungle; and (3) we will request a date for oral argument so that all Minnesotans can hear both sides on this important issue.As an aside, I have half a mind to subpoena the commissioner of the Department of Health, Dr. Magnan, and require her to produce the written legal opinion that her agency supposedly received prior to issuing the March 5 press release that declared Theater Night in Minnesota bars to be illegal. To date, she refuses to provide this document despite repeated requests from reporters.I look forward to our court hearing up on "da Range". It will be a bit of a homecoming for me. After my discharge from the Marines in 1986, I clerked for a district court judge in Hibbing and lived for a year in Chisholm.To those of you who continue to host Theater Night in your bars, I say keep the faith and stay strong! It is now only a matter of time before we tell the world that we are right and Dr. Magnan is wrong.Semper Fi,Mark BenjaminAttorney at Law
Fund Raising Effort
Will be posted soon on http://www.blogger.com/ website
On-Sale Chairman
Charles Senkler
Fabulous Ferns
Government Relations
MaryAnn Campo
Executive
Director
Kenn Rockler
March 25, 2008
This is an open letter to all individuals and businesses who are concerned with the erosion of our
civil rights, the harm being done to thousands of employees, hundreds of businesses, the State of Minnesota’s budget, and hundreds of charities throughout Minnesota. We are talking about the extreme downturn in business that is a direct result of The Freedom To Breathe Act (FTBA), which went into effect October 1, 2007. The evidence is now in and the facts are conclusive, this legislation is causing severe economic damage to the hospitality industry. It is clear that the FTBA is going to result in more jobs being lost than the closing of the Ford Plant and a merger between Northwest Airlines and Delta Airlines combined.
There are many people who fought against the bans but there is one person who has seized the opportunity to offer the industry the chance to re-open the issue at the Minnesota State Legislature. Attorney Mark Benjamin through his understanding of the Theatre Exemption provision in the FTBA, his willingness to assist bar owners in setting up their own theatre productions, and his willingness to defend (pro-bono) bar owners who are (have been cited) for using theatre nights in an attempt to save their businesses, has brought this issue to the attention of not only Minnesotans, but to people and the press from all over the world.
Mark is still working pro-bono and it is taking 110% of his time. In the meantime, he has incurred thousands of dollars in expenses in cell phone bills, travel expense, and office expense. This fight is for everyone who cares about our freedom as citizens, veterans, employees, and small businesses. We need to assist Mark in this fight. We are seeking your assistance to partially defer Mark’s expenses in this fight for all of our rights and for Mark to hire an administrative law attorney to address the unethical “bullying” tactics of the MDH. The Tavern League is setting up a dedicated fund to help in this fight. 100% of your donation will be going to Mark Benjamin’s Defense fund. None of this money is going to lobbying so it is 100% deductible and can be a personal or a business check. Please send your contributions whatever the amount you deem appropriate to the Tavern League at the above address. It doesn’t matter how small the amount you feel you can donate, this is everyone’s fight. Please include “Mark Benjamin’s Defense Fund” on the check.
We thank you sincerely for your contributions and your efforts in this fight.
Sheila Kromer Kenn Rockler
PBS: New show ....
(posted on http://www.blogger.com/ website - "Unnatural Causes: Is Inequality Making Us Sick?," )
http://www.blogger.com/
(PBS.org TV schedules: http://www.blogger.com/ Title: Unnatural Causes)
Eat right, exercise, don't smoke, inherit good genes and, conventional wisdom dictates, you gain the best measure of protection against illness.
Not so fast, argues a new PBS series.
"Unnatural Causes: Is Inequality Making Us Sick?," airing on four consecutive Thursdays beginning this week, explores the idea that work, race, economic status and neighborhood conditions may affect a person's health as much or more than habits or genetics.
Looking at communities in several states including Pennsylvania , the series examines why America ranks as the world's wealthiest nation and yet is 30th in life expectancy and 31st in infant mortality.
Among the intriguing questions "Unnatural Causes" probes: Why do poor Mexican immigrants see their health erode the longer they stay in America ? Why do poor smokers develop lung cancer more often than rich smokers? Why are some black and American Indian populations less likely to reach 65 than people from Bangladesh or Ghana ?
Improved housing, higher wages and more control on the job foster health as much as quitting smoking or eating well, according to a Harvard University epidemiologist quoted in the series. In other words, social policy may be crucial to a citizenry's physical well-being.
The first episode, airing 10 p.m. Thursday on WQED and titled "In Sickness and in Wealth," looks at the link between health and wealth through the lives of Louisville, Ky., residents, including a CEO, a lab supervisor, a janitor and a welfare mother.
PBS Description: Episode title: In Sickness And In Wealth
Episode description: This is a story about health, but it's not about doctors or drugs. Set mostly in Louisville , Kentucky , it's a detective story out to solve the mystery of what's stalking and killing so many Americans before their time. The program uncovers the connections between healthy bodies and healthy bank accounts - and why residents of so many other nations, including many poorer countries, live longer and healthier lives. Solutions, evidence suggests, may lie not in more pills but in more equality.
Episode guide: The connections between healthy bodies and healthy bank accounts are uncovered.
Mark Benjamin's Editorial in the Star & Tribune (3-23-08)
(Posted on http://www.blogger.com/ website)
Form Letters to Use for Senators and House Members (3-26-08)
(Will be posted soon on http://www.blogger.com/ website)
E-mail exchange with Senator Sheran (3-25-08)
(Posted on http://www.blogger.com/ website)
Sheila's Letter to House Member (3-26-08)
(Will be posted soon on http://www.blogger.com/ website) ( I also sent an identical letter to my Senator but changed it to Senate file SF3727)
KSTP Poll (3-26-08) (58% are against smoking bans i
http://www.surveyusa.com/client/PollReportPopup.aspx?g=67d97b88-f10f-48e7-a8b7-d99b2cbad8a7&q=39166
U of M reporter video at the Rock (3-26-08)
(Posted on http://www.blogger.com/ website)
Letter to the Editor (3-26-08)
(Will be posted soon on http://www.blogger.com/ website)
http://www.startribune.com/local/west/16929686.html
Bar patrons responding to smoking ban's tyranny.
If the intent of the Minnesota smoking ban was to improve indoor air quality, the law would have been written in terms of an air-quality standard and not a smoking ban.With their participation in "theater nights," bars are using the letter of the law to protest the spirit of the law behind the state's five-month-old indoor smoking ban. When the spirit of the law is tyranny, civil disobedience will surely follow.
LOWELL JOHNSON. BLOOMINGTON
Can we Post: How Ironic (hint: save ink by cutting and pasting text to notepad before printing.)
To: Sheila Kromer
Sent: Wednesday, March 19, 2008 7:39 PM
Subject: How Ironic
Sheila,
We couldn't help but notice when we paid our sales tax today, that in our Internet drop down menu the http://www.freedomtoact.com/ website was at the top, and the http://www.taxes.state.mn.us/ was pretty close to the bottom. We like whats happening here, and are glad to be a part of it. We will support theater nights 100%, ticket or no ticket. We posted the FreedomToAct website in our front window (the biggest one in town) five times with neon pink paper. To quote Mr. Mark Benjamin "Brave People are Free People". We also made copies of Marks response to our theater night threats, and posted them around the bar so our patrons know hes behind them too. Keep up the good work. Fyi, the police have not come back to our bar. We hope this is encouraging to everyone else that has been threatened.
Mike and Terri Horridge
Sabins Bar
2 W. Lake St.
Chisholm, MN 55719
218 254-2318
Sent: Wednesday, March 19, 2008 7:39 PM
Subject: How Ironic
Sheila,
We couldn't help but notice when we paid our sales tax today, that in our Internet drop down menu the http://www.freedomtoact.com/ website was at the top, and the http://www.taxes.state.mn.us/ was pretty close to the bottom. We like whats happening here, and are glad to be a part of it. We will support theater nights 100%, ticket or no ticket. We posted the FreedomToAct website in our front window (the biggest one in town) five times with neon pink paper. To quote Mr. Mark Benjamin "Brave People are Free People". We also made copies of Marks response to our theater night threats, and posted them around the bar so our patrons know hes behind them too. Keep up the good work. Fyi, the police have not come back to our bar. We hope this is encouraging to everyone else that has been threatened.
Mike and Terri Horridge
Sabins Bar
2 W. Lake St.
Chisholm, MN 55719
218 254-2318
Letter from Bird's Nest on smoke theater.
From: Sheila Kromer
To: slatrial@netscape.net
Sent: Wednesday, March 19, 2008 11:12 PM
Subject: Can We Post: Letter
----- Original Message -----
From: birdie johnson
To: sheila kromer
Sent: Wednesday, March 19, 2008 7:46 AM
Subject: Letter
Hi Sheila, I recieved the letter from the health dept. yesterday. I am continuing Theater Nights. My business is up only and because of it. Absolutely everyone that has come into my bar has made the statement that this whole ban smoking in bars is not right. I have had not one customer against it. Even the ones that don't smoke!!! My bartenders are making some tips again also, this has been especially hard on them. Also my distributors have said, nice to see business has picked up. This has had such a trickle down effect that I don't think most people have realized. Lets hope with all of us standing together we can make a change. Thanks for all your work! Birdie, from the Bird's Nest
To: slatrial@netscape.net
Sent: Wednesday, March 19, 2008 11:12 PM
Subject: Can We Post: Letter
----- Original Message -----
From: birdie johnson
To: sheila kromer
Sent: Wednesday, March 19, 2008 7:46 AM
Subject: Letter
Hi Sheila, I recieved the letter from the health dept. yesterday. I am continuing Theater Nights. My business is up only and because of it. Absolutely everyone that has come into my bar has made the statement that this whole ban smoking in bars is not right. I have had not one customer against it. Even the ones that don't smoke!!! My bartenders are making some tips again also, this has been especially hard on them. Also my distributors have said, nice to see business has picked up. This has had such a trickle down effect that I don't think most people have realized. Lets hope with all of us standing together we can make a change. Thanks for all your work! Birdie, from the Bird's Nest
Smoking in the theatre of the absurd
From: Sheila Kromer
To:
Cc: Mark Benjamin
Sent: Thursday, March 20, 2008 7:47 AM
Subject: Smoking in the theatre of the absurd
Hi,
My name is Sheila Kromer, owner of Barnacles Resort on the north end of Mille Lacs Lake in Minnesota. I just wanted to let you know that I thoroughly enjoyed your article, "Smoking in the theatre of the absurd" (http://www.advancetitan.com/story.aspx?s=6984). Your points were well made. We were the first bar that started theater nights with Mark Benjamin. Our theater nights are still going on and have helped our bottom line financially. Many small mom & pop bar owners are being devastated by the smoking ban that was put into place last October in Minnesota. We believed our legislators when they said that business would increase but that has not proven to be true. I would like to share my liquor sales tax numbers with you so you have an idea how this has impacted us. If you visit the website www.freedomtoact.com , you will find all types of information and stories from bar owners & others who have been affected by this ban. I caution Wisconsin to think this through...this type of devastation affects a lot of people and not just bar owners but vendors, distributors, the entertainment industry and so on.
Thank-you for your time,
Sheila Kromer
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
Smoking in the theatre of the absurd
by Max Davies, of the Advance Titan
A recent AP wire story in the Post-Crescent entitled “Theatre of the Absurd:...” could well be prophetic for Wisconsin bars should the anti-smoking lobby and legislators get a state-wide smoking ban in taverns approved. The article describes an exception in Minnesota’s smoking ban allows performers to smoke and use cigarettes as props. As enacted, “The smoking ban, passed by the Legislature last year, allows actors to light up in character during theatrical performances as long as patrons are notified in advance.” Actors in these bars enter through the actor’s entrance, pick up their prop ash tray and partake in a spontaneous production of what tavern owner Brian Bauman calls “Before the Ban.” Patrons are encouraged to dress up and act dramatically. Much of the impetus to exploiting Minnesota’s loophole evidently came from “Mark Benjamin, a lawyer who pushed bars to exploit the loophole.” This creative circumvention of the smoking ban has incensed lawmakers and the health Department, who are taking measures to impose fines up to $10,000 for such spontaneous drama. Such defiance should illustrate several important facts about human nature. The more restrictions put on human action, the more creative the human mind becomes at finding loopholes. Legislating morality about smoking is a dumb idea, regardless of the health benefits that might result. If life isn’t fundamentally absurd, it soon will be the way things are going. The main selling point is that it costs taxpayers money in several areas of significant amount. However, when Governor Doyle cannot manage to create a budget that doesn’t plunge Wisconsin citizens into a state-wide debt, it seems completely unjustified to pick on an industry that already gets heavily taxed, forced to pay out for prevention programs from its own product, and is also an unnecessary product which people choose to use. According to Carla Vigue, Office of the Governor, “In 1999, then-Attorney General Doyle negotiated a settlement with the tobacco companies that would have delivers $180 million annually to pay for anti-smoking efforts. Instead, it was used it to fill a one time budget hole.” Doyle thus showed his fiscal irresponsibility once, and he will only do so again with his new legislation. “The Governor’s new anti-smoking initiative will include a plan to partially restore this funding and ensure the money gets used the way it was originally intended. Over the next few weeks, the state will refinance the tobacco settlement bonds, securing a lump sum of $600 million that will be permanently locked away.” This isn’t to deny that there are serious health problems that can and do occur from smoking, but smoking is a choice, and as long as there are different community laws regarding smoking, we can and should let patrons decide where they want to go. To impose one uniform law limits a patron’s choice and takes away the rights of individual communities to work out their own answers. If a community complains that their businesses are losing money, then perhaps it is a good indicator that they made a wrong decision economically. Doyle’s coloration of this issue in a recent USA Today article as, “If the state doesn’t act, Minnesota’s ban and one that takes effect Jan. 1 in neighboring Illinois could make Wisconsin “the ashtray of the upper Midwest,” is a gross distortion of an issue that should be focused on freedom of choice. What might some of the unintended consequences of this resurgence of the theatre of the absurd? Perhaps the U.S. will have renewed interests in the works of Artaud, Camus, Absurdism, the Panic Movement and Surrealism. Or maybe after legal absinthe becomes more widespread we’ll realize French culture has so much more to offer the U.S. -for however much longer France remains French.
Turning back to the original idea of this article, what will happen when creative dissent hits on a way to show the hysteric efforts of lawmakers to tell people how to live? Human ingenuity will prevail.
To:
Cc: Mark Benjamin
Sent: Thursday, March 20, 2008 7:47 AM
Subject: Smoking in the theatre of the absurd
Hi,
My name is Sheila Kromer, owner of Barnacles Resort on the north end of Mille Lacs Lake in Minnesota. I just wanted to let you know that I thoroughly enjoyed your article, "Smoking in the theatre of the absurd" (http://www.advancetitan.com/story.aspx?s=6984). Your points were well made. We were the first bar that started theater nights with Mark Benjamin. Our theater nights are still going on and have helped our bottom line financially. Many small mom & pop bar owners are being devastated by the smoking ban that was put into place last October in Minnesota. We believed our legislators when they said that business would increase but that has not proven to be true. I would like to share my liquor sales tax numbers with you so you have an idea how this has impacted us. If you visit the website www.freedomtoact.com , you will find all types of information and stories from bar owners & others who have been affected by this ban. I caution Wisconsin to think this through...this type of devastation affects a lot of people and not just bar owners but vendors, distributors, the entertainment industry and so on.
Thank-you for your time,
Sheila Kromer
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
Smoking in the theatre of the absurd
by Max Davies, of the Advance Titan
A recent AP wire story in the Post-Crescent entitled “Theatre of the Absurd:...” could well be prophetic for Wisconsin bars should the anti-smoking lobby and legislators get a state-wide smoking ban in taverns approved. The article describes an exception in Minnesota’s smoking ban allows performers to smoke and use cigarettes as props. As enacted, “The smoking ban, passed by the Legislature last year, allows actors to light up in character during theatrical performances as long as patrons are notified in advance.” Actors in these bars enter through the actor’s entrance, pick up their prop ash tray and partake in a spontaneous production of what tavern owner Brian Bauman calls “Before the Ban.” Patrons are encouraged to dress up and act dramatically. Much of the impetus to exploiting Minnesota’s loophole evidently came from “Mark Benjamin, a lawyer who pushed bars to exploit the loophole.” This creative circumvention of the smoking ban has incensed lawmakers and the health Department, who are taking measures to impose fines up to $10,000 for such spontaneous drama. Such defiance should illustrate several important facts about human nature. The more restrictions put on human action, the more creative the human mind becomes at finding loopholes. Legislating morality about smoking is a dumb idea, regardless of the health benefits that might result. If life isn’t fundamentally absurd, it soon will be the way things are going. The main selling point is that it costs taxpayers money in several areas of significant amount. However, when Governor Doyle cannot manage to create a budget that doesn’t plunge Wisconsin citizens into a state-wide debt, it seems completely unjustified to pick on an industry that already gets heavily taxed, forced to pay out for prevention programs from its own product, and is also an unnecessary product which people choose to use. According to Carla Vigue, Office of the Governor, “In 1999, then-Attorney General Doyle negotiated a settlement with the tobacco companies that would have delivers $180 million annually to pay for anti-smoking efforts. Instead, it was used it to fill a one time budget hole.” Doyle thus showed his fiscal irresponsibility once, and he will only do so again with his new legislation. “The Governor’s new anti-smoking initiative will include a plan to partially restore this funding and ensure the money gets used the way it was originally intended. Over the next few weeks, the state will refinance the tobacco settlement bonds, securing a lump sum of $600 million that will be permanently locked away.” This isn’t to deny that there are serious health problems that can and do occur from smoking, but smoking is a choice, and as long as there are different community laws regarding smoking, we can and should let patrons decide where they want to go. To impose one uniform law limits a patron’s choice and takes away the rights of individual communities to work out their own answers. If a community complains that their businesses are losing money, then perhaps it is a good indicator that they made a wrong decision economically. Doyle’s coloration of this issue in a recent USA Today article as, “If the state doesn’t act, Minnesota’s ban and one that takes effect Jan. 1 in neighboring Illinois could make Wisconsin “the ashtray of the upper Midwest,” is a gross distortion of an issue that should be focused on freedom of choice. What might some of the unintended consequences of this resurgence of the theatre of the absurd? Perhaps the U.S. will have renewed interests in the works of Artaud, Camus, Absurdism, the Panic Movement and Surrealism. Or maybe after legal absinthe becomes more widespread we’ll realize French culture has so much more to offer the U.S. -for however much longer France remains French.
Turning back to the original idea of this article, what will happen when creative dissent hits on a way to show the hysteric efforts of lawmakers to tell people how to live? Human ingenuity will prevail.
Fundraising appeal, soon DEFENSEofRIGHTS.COM
04-13-08 Steve --Go ahead. And put out the word that it won't be a fair fight for a one-man law firm to go up against the state's Attorney General. We're asking for donations. Make checks out to
MN Tavern League and send them to:
On top is a 04-09-08 Update from lawyer Mark Benjamin. It's been almost a decade since so-called "big tobacco" funded this. On the other side IMPACT, Now "Clean Air Minnesota has alleged received a $200 million dollar endowment from the MN tobacco settlement and has a $20 million dollar annual budget. Lawyer Mark Benjamin's new remarks are in grey just below this. The original message is in black below that. Greg Lang
04-09-08 Hi All --I am sending down to Kenn Rockler today a cashier's check for $1,270 to help in hiring an administrative law attorney. Kenn says that he has about $600 in the kitty right now. That's a drop in the bucket for the legal expenses we will incur -- but it's something.I encourage everybody to get the word out that this movement is going to take some money if we are to successfully counter the tactics of the Health Department.-- Mark Benjamin
Tavern League of Minnesota
235 East Roselawn., Suite 17
Maplewood, MN 55117
http://www.tavernleaguemn.org/
Email: kennrock@hotmail.com
Phone (651) 487-2149 or (877) 332-9257 Fax: (651) 487-21
March 25, 2008
This is an open letter to all individuals and businesses who are concerned with the erosion of ourcivil rights, the harm being done to thousands of employees, hundreds of businesses, the State of Minnesota’s budget, and hundreds of charities throughout Minnesota. We are talking about the extreme downturn in business that is a direct result of The Freedom To Breathe Act (FTBA), which went into effect October 1, 2007. The evidence is now in and the facts are conclusive, this legislation is causing severe economic damage to the hospitality industry. It is clear that the FTBA is going to result in more jobs being lost than the closing of the Ford Plant and a merger between Northwest Airlines and Delta Airlines combined.
There are many people who fought against the bans but there is one person who has seized the opportunity to offer the industry the chance to re-open the issue at the Minnesota State Legislature. Attorney Mark Benjamin through his understanding of the Theatre Exemption provision in the FTBA, his willingness to assist bar owners in setting up their own theatre productions, and his willingness to defend (pro-bono) bar owners who are (have been cited) for using theatre nights in an attempt to save their businesses, has brought this issue to the attention of not only Minnesotans, but to people and the press from all over the world.
Mark is still working pro-bono and it is taking 110% of his time. In the meantime, he has incurred thousands of dollars in expenses in cell phone bills, travel expense, and office expense. This fight is for everyone who cares about our freedom as citizens, veterans, employees, and small businesses. We need to assist Mark in this fight. We are seeking your assistance to partially defer Mark’s expenses in this fight for all of our rights and for Mark to hire an administrative law attorney to address the unethical “bullying” tactics of the MDH. The Tavern League is setting up a dedicated fund to help in this fight. 100% of your donation will be going to Mark Benjamin’s Defense fund. None of this money is going to lobbying so it is 100% deductible and can be a personal or a business check. Please send your contributions whatever the amount you deem appropriate to the Tavern League at the above address. It doesn’t matter how small the amount you feel you can donate, this is everyone’s fight. Please include “Mark Benjamin’s Defense Fund” on the check.
We thank you sincerely for your contributions and your efforts in this fight.
Sheila Kromer Kenn Rockler
MN Tavern League and send them to:
Kenn RockerPresidentMN Tavern League
235 East RoselawnSuite 17
Maplewood, MN 55117
and put in the memo section Theater Night Defense Fund.-- Mark BenjaminOn top is a 04-09-08 Update from lawyer Mark Benjamin. It's been almost a decade since so-called "big tobacco" funded this. On the other side IMPACT, Now "Clean Air Minnesota has alleged received a $200 million dollar endowment from the MN tobacco settlement and has a $20 million dollar annual budget. Lawyer Mark Benjamin's new remarks are in grey just below this. The original message is in black below that. Greg Lang
04-09-08 Hi All --I am sending down to Kenn Rockler today a cashier's check for $1,270 to help in hiring an administrative law attorney. Kenn says that he has about $600 in the kitty right now. That's a drop in the bucket for the legal expenses we will incur -- but it's something.I encourage everybody to get the word out that this movement is going to take some money if we are to successfully counter the tactics of the Health Department.-- Mark Benjamin
Tavern League of Minnesota
235 East Roselawn., Suite 17
Maplewood, MN 55117
http://www.tavernleaguemn.org/
Email: kennrock@hotmail.com
Phone (651) 487-2149 or (877) 332-9257 Fax: (651) 487-21
March 25, 2008
This is an open letter to all individuals and businesses who are concerned with the erosion of ourcivil rights, the harm being done to thousands of employees, hundreds of businesses, the State of Minnesota’s budget, and hundreds of charities throughout Minnesota. We are talking about the extreme downturn in business that is a direct result of The Freedom To Breathe Act (FTBA), which went into effect October 1, 2007. The evidence is now in and the facts are conclusive, this legislation is causing severe economic damage to the hospitality industry. It is clear that the FTBA is going to result in more jobs being lost than the closing of the Ford Plant and a merger between Northwest Airlines and Delta Airlines combined.
There are many people who fought against the bans but there is one person who has seized the opportunity to offer the industry the chance to re-open the issue at the Minnesota State Legislature. Attorney Mark Benjamin through his understanding of the Theatre Exemption provision in the FTBA, his willingness to assist bar owners in setting up their own theatre productions, and his willingness to defend (pro-bono) bar owners who are (have been cited) for using theatre nights in an attempt to save their businesses, has brought this issue to the attention of not only Minnesotans, but to people and the press from all over the world.
Mark is still working pro-bono and it is taking 110% of his time. In the meantime, he has incurred thousands of dollars in expenses in cell phone bills, travel expense, and office expense. This fight is for everyone who cares about our freedom as citizens, veterans, employees, and small businesses. We need to assist Mark in this fight. We are seeking your assistance to partially defer Mark’s expenses in this fight for all of our rights and for Mark to hire an administrative law attorney to address the unethical “bullying” tactics of the MDH. The Tavern League is setting up a dedicated fund to help in this fight. 100% of your donation will be going to Mark Benjamin’s Defense fund. None of this money is going to lobbying so it is 100% deductible and can be a personal or a business check. Please send your contributions whatever the amount you deem appropriate to the Tavern League at the above address. It doesn’t matter how small the amount you feel you can donate, this is everyone’s fight. Please include “Mark Benjamin’s Defense Fund” on the check.
We thank you sincerely for your contributions and your efforts in this fight.
Sheila Kromer Kenn Rockler
Form letter to send to State Representatives (cut and paste and add personal comments if you wish.)
1
(Date)
Dear Representative (name),
I am writing to encourage you to support the revisions to the Freedom to Breath Act, H.F. #4032 that were recently introduced by Representatives Howes, Rukavina, Otremba, Emmer, and Solberg. I believe that the Minnesota government has gone too far by restricting smoking in establishments like VFW halls, and bars. These places are frequented by veterans, and adults who deserve the right to make their own decisions. The owners of these establishments should also have the right to choose whether to allow smoking, or not. Everyone knows that smoking is not healthy, but neither is it healthy to lose a job, go out of business, or lose the social gathering place you have gone to for years. Please let common sense prevail in this matter.
Respectfully,
(Name)
(Address)
(Date)
Dear Representative (name),
I am writing to encourage you to support the revisions to the Freedom to Breath Act, H.F. #4032 that were recently introduced by Representatives Howes, Rukavina, Otremba, Emmer, and Solberg. I believe that the Minnesota government has gone too far by restricting smoking in establishments like VFW halls, and bars. These places are frequented by veterans, and adults who deserve the right to make their own decisions. The owners of these establishments should also have the right to choose whether to allow smoking, or not. Everyone knows that smoking is not healthy, but neither is it healthy to lose a job, go out of business, or lose the social gathering place you have gone to for years. Please let common sense prevail in this matter.
Respectfully,
(Name)
(Address)
Form letter to send to State Senators (cut and paste and add personal comments if you wish.)
(Date)
Dear Senator (name),
I am writing to encourage you to support the revisions to the Freedom to Breath Act, S.F. #3727 that were recently introduced by Senator Skoe. I believe that the Minnesota government has gone too far by restricting smoking in establishments like VFW halls, and bars. These places are frequented by veterans, and adults who deserve the right to make their own decisions. The owners of these establishments should also have the right to choose whether to allow smoking, or not. Everyone knows that smoking is not healthy, but neither is it healthy to lose a job, go out of business, or lose the social gathering place you have gone to for years. Please let common sense prevail in this matter.
Respectfully,
(Name)
(Address)
Dear Senator (name),
I am writing to encourage you to support the revisions to the Freedom to Breath Act, S.F. #3727 that were recently introduced by Senator Skoe. I believe that the Minnesota government has gone too far by restricting smoking in establishments like VFW halls, and bars. These places are frequented by veterans, and adults who deserve the right to make their own decisions. The owners of these establishments should also have the right to choose whether to allow smoking, or not. Everyone knows that smoking is not healthy, but neither is it healthy to lose a job, go out of business, or lose the social gathering place you have gone to for years. Please let common sense prevail in this matter.
Respectfully,
(Name)
(Address)
Can We Post:Sheila's Letter to House Rep
From: Sheila Kromer
To: Carol McFarlane
Sent: Tuesday, March 25, 2008 5:48 PM
Subject: Looking for Your Support
Dear Carol,
I am writing to ask you to support HF 4032, a bill that asks for smoking exemptions for small bar establishments, VFW's and American Legions. These establishments are being hit extremely hard financially, some are barely holding on and others have closed. I'm sure you are aware of the current trend of "theater performances" in bars. If businesses were doing so well with non-smoking, theatrical performances (that may include smoking) would be non-existent. I know that some people will point to the economy as the culprit here, however, I would disagree with that and I have the numbers to prove it. I don't diasgree that the economy plays a role in the business downturn but it is by far not the main reason for the downturn. I would like to share some of my liquor sale's tax numbers with you.
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 and 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.
Can you explain what happened in February? This is not anecdotal, but fact. I would encourage you to visit the website www.freedomtoact.com , you will find many stories from various establishments there. These stories tell the real truth about the devastion that is currently going on. It not only affects bar owners and their families but employees, vendors, distributors, and the entertainment industry to name a few. Even though we have done considerably better in February (and March is looking good too), we have just had to lay off one employee, cut the hours of two other employees, and close 3 days a week. Unfortunatley, the terrible downturn since the enactment of the smoking ban in October has hit us really hard and we have not been able to make up for it yet.
I would appreciate any support that you can give in this matter.
Thank-you so much for your consideration and time. Looking forward to your response.
Sheila Kromer
3695 Midland Ave.
White Bear Lake, MN 55110
651-426-8743 home
To: Carol McFarlane
Sent: Tuesday, March 25, 2008 5:48 PM
Subject: Looking for Your Support
Dear Carol,
I am writing to ask you to support HF 4032, a bill that asks for smoking exemptions for small bar establishments, VFW's and American Legions. These establishments are being hit extremely hard financially, some are barely holding on and others have closed. I'm sure you are aware of the current trend of "theater performances" in bars. If businesses were doing so well with non-smoking, theatrical performances (that may include smoking) would be non-existent. I know that some people will point to the economy as the culprit here, however, I would disagree with that and I have the numbers to prove it. I don't diasgree that the economy plays a role in the business downturn but it is by far not the main reason for the downturn. I would like to share some of my liquor sale's tax numbers with you.
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 and 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.
Can you explain what happened in February? This is not anecdotal, but fact. I would encourage you to visit the website www.freedomtoact.com , you will find many stories from various establishments there. These stories tell the real truth about the devastion that is currently going on. It not only affects bar owners and their families but employees, vendors, distributors, and the entertainment industry to name a few. Even though we have done considerably better in February (and March is looking good too), we have just had to lay off one employee, cut the hours of two other employees, and close 3 days a week. Unfortunatley, the terrible downturn since the enactment of the smoking ban in October has hit us really hard and we have not been able to make up for it yet.
I would appreciate any support that you can give in this matter.
Thank-you so much for your consideration and time. Looking forward to your response.
Sheila Kromer
3695 Midland Ave.
White Bear Lake, MN 55110
651-426-8743 home
Star Tribune Letter to the editor.
http://www.startribune.com/local/west/16929686.html
Bar patrons responding to smoking ban's tyranny If the intent of the Minnesota smoking ban was to improve indoor air quality, the law would have been written in terms of an air-quality standard and not a smoking ban.
With their participation in "theater nights," bars are using the letter of the law to protest the spirit of the law behind the state's five-month-old indoor smoking ban.
When the spirit of the law is tyranny, civil disobedience will surely follow.
LOWELL JOHNSON. BLOOMINGTON
Bar patrons responding to smoking ban's tyranny If the intent of the Minnesota smoking ban was to improve indoor air quality, the law would have been written in terms of an air-quality standard and not a smoking ban.
With their participation in "theater nights," bars are using the letter of the law to protest the spirit of the law behind the state's five-month-old indoor smoking ban.
When the spirit of the law is tyranny, civil disobedience will surely follow.
LOWELL JOHNSON. BLOOMINGTON
Wednesday, March 26, 2008
Remember that U of M reporter who was at The Rock on 2/19? Here's her video:
From: Mark Benjamin
To: SheilaKromer
Sent: Tuesday, March 25, 2008 11:38 AM
Subject: U of M Video of The Rock's First Theater Night
Sheila --Remember that U of M reporter who was at The Rock on 2/19? Here's her video:http://www.youtube.com/watch?v=YncKRAtAZ4oSee if Greg can post it.-- Mark Benjamin
To: SheilaKromer
Sent: Tuesday, March 25, 2008 11:38 AM
Subject: U of M Video of The Rock's First Theater Night
Sheila --Remember that U of M reporter who was at The Rock on 2/19? Here's her video:http://www.youtube.com/watch?v=YncKRAtAZ4oSee if Greg can post it.-- Mark Benjamin
My opinions on bars risking the $10K fines and alternatives.
(disclaimer) These are the opinions of myself Greg Lang and not lawyer Mark W. Benjamin or Barnacles Shiela Kromer or any other person.
The Minnesota Department of Health sent out a letter giving a vague opinion on the "smoking theater" being illegal and threatening a draconian $10,000 fine and criminal penalties. You can read the letter here (click on image fore larger image. http://freedomtoact.blogspot.com/2008/03/blog-post.html
The $10,000 threat is definitely intimidating. We have a test case with the first court appearance April 04, 2008. I am not a lawyer and am not "privy" to Mark Benjamin's specific legal strategies but he has discussed this a lot and I have read virtually everything. Also, I have "some" knowledge of courts and law so here goes.
First off the description of "theater" is vague and undefined. In the 19th Century the "Chautauqua" http://en.wikipedia.org/wiki/Chautauqua was a very popular form of "theater", sometimes with partisan slant. With so-called "street theater" imitation is no the sincerest form of flattery but there were classics like the San Francisco "diggers" holding a mock funeral for the "hippy" after the "Summer of love". Added to that we have at least two cases reported where the so-called legitimate theater (Jungle Theater) had smoking on stage with no warning, playbills or notifications. (I quit smoking more than 30 years ago before the original Minnesota clean air act and I had to avoid cigarette smoke for close to six months to avoid "nicotine fits". Also I had an asthmatic girlfriend. I would have been a real bind if we planned a "smoke-free" evening out, bought two pricey tickets and then were exposed to smoke. This happened post ban at the Jungle Theater. ) I would ask if the Minnesota Department of Health sent out this letter to the so-called "legitimate" theaters.
The next argument, which is pervasive with the court is if the wording of the so called "Freedom to breath" law is vague the legislature had and has the right to reopen the law and revise it. The MN Court of Appeals and MN Supreme Court tend to consider this argument very persuasive. There are many other arguments that I'll leave to Mark for the sake of brevity.
If the MN Appeals or Supreme Court throws out the "Freedom to Breath" law or in effect rules that Skakesphere was right when he state "The whole world is a stage" and we are all actors there could be legal chaos! For example, this summer we will be hosting Republican National Convention. There will be many protests and "informal theater". What if some of these protesters want to enter indoor spaces and have "smoking theater?".
The solution to this is for the legislature, while still in session to adopt reasonable requirement for smoking in bars, private clubs and VFW's. Basically the local municipality would have to make an ordinance to allow this, prominent posting that there is smoking would be required and specific ventilation would be required.
It's up to bar owners but with the weather getting warmer it might not be worth it the risk of the potential $10K to have indoor smoking. Bars might print out and post updates on this. One trick to save ink costs is to cut and paste text to a notepad and print that out. Also, on outdoor patios you might have occasional open stage "theater nights". It will give people hope and an outlet. A huge number of people dislike the bar smoking bans but found nowhere to turn.
Also, try to support and promote the Tavern League of Minnesota. They have done a lot and their website has a lot of useful information. http://www.tavernleaguemn.org/
The Minnesota Department of Health sent out a letter giving a vague opinion on the "smoking theater" being illegal and threatening a draconian $10,000 fine and criminal penalties. You can read the letter here (click on image fore larger image. http://freedomtoact.blogspot.com/2008/03/blog-post.html
The $10,000 threat is definitely intimidating. We have a test case with the first court appearance April 04, 2008. I am not a lawyer and am not "privy" to Mark Benjamin's specific legal strategies but he has discussed this a lot and I have read virtually everything. Also, I have "some" knowledge of courts and law so here goes.
First off the description of "theater" is vague and undefined. In the 19th Century the "Chautauqua" http://en.wikipedia.org/wiki/Chautauqua was a very popular form of "theater", sometimes with partisan slant. With so-called "street theater" imitation is no the sincerest form of flattery but there were classics like the San Francisco "diggers" holding a mock funeral for the "hippy" after the "Summer of love". Added to that we have at least two cases reported where the so-called legitimate theater (Jungle Theater) had smoking on stage with no warning, playbills or notifications. (I quit smoking more than 30 years ago before the original Minnesota clean air act and I had to avoid cigarette smoke for close to six months to avoid "nicotine fits". Also I had an asthmatic girlfriend. I would have been a real bind if we planned a "smoke-free" evening out, bought two pricey tickets and then were exposed to smoke. This happened post ban at the Jungle Theater. ) I would ask if the Minnesota Department of Health sent out this letter to the so-called "legitimate" theaters.
The next argument, which is pervasive with the court is if the wording of the so called "Freedom to breath" law is vague the legislature had and has the right to reopen the law and revise it. The MN Court of Appeals and MN Supreme Court tend to consider this argument very persuasive. There are many other arguments that I'll leave to Mark for the sake of brevity.
If the MN Appeals or Supreme Court throws out the "Freedom to Breath" law or in effect rules that Skakesphere was right when he state "The whole world is a stage" and we are all actors there could be legal chaos! For example, this summer we will be hosting Republican National Convention. There will be many protests and "informal theater". What if some of these protesters want to enter indoor spaces and have "smoking theater?".
The solution to this is for the legislature, while still in session to adopt reasonable requirement for smoking in bars, private clubs and VFW's. Basically the local municipality would have to make an ordinance to allow this, prominent posting that there is smoking would be required and specific ventilation would be required.
It's up to bar owners but with the weather getting warmer it might not be worth it the risk of the potential $10K to have indoor smoking. Bars might print out and post updates on this. One trick to save ink costs is to cut and paste text to a notepad and print that out. Also, on outdoor patios you might have occasional open stage "theater nights". It will give people hope and an outlet. A huge number of people dislike the bar smoking bans but found nowhere to turn.
Also, try to support and promote the Tavern League of Minnesota. They have done a lot and their website has a lot of useful information. http://www.tavernleaguemn.org/
Tuesday, March 25, 2008
Can We Post: VFW 230 Story
Barb Reed, manager of VFW 230, carefully watches and keeps tracks of their bingo nights. She told a Star & Tribune reporter the following;
On Saturday 92 people playing bingo we take a smoke break after 4th game 23 left IN building all others outside smoking told her I watch this very closely AND WE WONDER WHERE THE PEOPLE ARE they want to smoke and its there choice once called FREEDOM IN THE GOOD OLE u s a
On Saturday 92 people playing bingo we take a smoke break after 4th game 23 left IN building all others outside smoking told her I watch this very closely AND WE WONDER WHERE THE PEOPLE ARE they want to smoke and its there choice once called FREEDOM IN THE GOOD OLE u s a
Can We Post: Mark's Response to Sabins Ticketed
----- Original Message -----
From: Mark Benjamin
To: Terry Horridge
Sent: Saturday, March 22, 2008 11:00 AM
Subject: RE: Sabins Ticketed
Hi Terri --Bring it on! I'll make contact with the city attorney on Monday so we can expedite the process.Now do what Tom Marianaro did at Tank's Tavern in Babbitt, laminate your ticket or frame it, and post it proudly on the wall.One other thing. Stay in touch in case you are visited by a health inspector. I want to know if that happens right away.As I promised, this will be free of charge.-- Mark Benjamin
From: thorridge@fnbcnet.comTo: markbenjamin@msn.comCC: sheiladk@comcast.netSubject: Sabins TicketedDate: Fri, 21 Mar 2008 21:46:44 -0500
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
From: Mark Benjamin
To: Terry Horridge
Sent: Saturday, March 22, 2008 11:00 AM
Subject: RE: Sabins Ticketed
Hi Terri --Bring it on! I'll make contact with the city attorney on Monday so we can expedite the process.Now do what Tom Marianaro did at Tank's Tavern in Babbitt, laminate your ticket or frame it, and post it proudly on the wall.One other thing. Stay in touch in case you are visited by a health inspector. I want to know if that happens right away.As I promised, this will be free of charge.-- Mark Benjamin
From: thorridge@fnbcnet.comTo: markbenjamin@msn.comCC: sheiladk@comcast.netSubject: Sabins TicketedDate: Fri, 21 Mar 2008 21:46:44 -0500
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
Can You Post: PBS Series
Hey Greg - Can we post. It's pretty much the same message that Mark has been stating. Should be an informative series.
Sheila
PBS: New show ....
http://www.post- gazette.com/ pg/08083/ 866747-42. stm
(PBS.org TV schedules: http://www.pbs. org Title: Unnatural Causes)
Eat right, exercise, don't smoke, inherit good genes and, conventional wisdom dictates, you gain the best measure of protection against illness.
Not so fast, argues a new PBS series.
"Unnatural Causes: Is Inequality Making Us Sick?," airing on four consecutive Thursdays beginning this week, explores the idea that work, race, economic status and neighborhood conditions may affect a person's health as much or more than habits or genetics.
Looking at communities in several states including Pennsylvania , the series examines why America ranks as the world's wealthiest nation and yet is 30th in life expectancy and 31st in infant mortality.
Among the intriguing questions "Unnatural Causes" probes: Why do poor Mexican immigrants see their health erode the longer they stay in America ? Why do poor smokers develop lung cancer more often than rich smokers? Why are some black and American Indian populations less likely to reach 65 than people from Bangladesh or Ghana ?
Improved housing, higher wages and more control on the job foster health as much as quitting smoking or eating well, according to a Harvard University epidemiologist quoted in the series. In other words, social policy may be crucial to a citizenry's physical well-being.
The first episode, airing 10 p.m. Thursday on WQED and titled "In Sickness and in Wealth," looks at the link between health and wealth through the lives of Louisville, Ky., residents, including a CEO, a lab supervisor, a janitor and a welfare mother.
PBS Description: Episode title: In Sickness And In Wealth
Episode description: This is a story about health, but it's not about doctors or drugs. Set mostly in Louisville , Kentucky , it's a detective story out to solve the mystery of what's stalking and killing so many Americans before their time. The program uncovers the connections between healthy bodies and healthy bank accounts - and why residents of so many other nations, including many poorer countries, live longer and healthier lives. Solutions, evidence suggests, may lie not in more pills but in more equality.
Episode guide: The connections between healthy bodies and healthy bank accounts are uncovered.
Sheila
PBS: New show ....
http://www.post- gazette.com/ pg/08083/ 866747-42. stm
(PBS.org TV schedules: http://www.pbs. org Title: Unnatural Causes)
Eat right, exercise, don't smoke, inherit good genes and, conventional wisdom dictates, you gain the best measure of protection against illness.
Not so fast, argues a new PBS series.
"Unnatural Causes: Is Inequality Making Us Sick?," airing on four consecutive Thursdays beginning this week, explores the idea that work, race, economic status and neighborhood conditions may affect a person's health as much or more than habits or genetics.
Looking at communities in several states including Pennsylvania , the series examines why America ranks as the world's wealthiest nation and yet is 30th in life expectancy and 31st in infant mortality.
Among the intriguing questions "Unnatural Causes" probes: Why do poor Mexican immigrants see their health erode the longer they stay in America ? Why do poor smokers develop lung cancer more often than rich smokers? Why are some black and American Indian populations less likely to reach 65 than people from Bangladesh or Ghana ?
Improved housing, higher wages and more control on the job foster health as much as quitting smoking or eating well, according to a Harvard University epidemiologist quoted in the series. In other words, social policy may be crucial to a citizenry's physical well-being.
The first episode, airing 10 p.m. Thursday on WQED and titled "In Sickness and in Wealth," looks at the link between health and wealth through the lives of Louisville, Ky., residents, including a CEO, a lab supervisor, a janitor and a welfare mother.
PBS Description: Episode title: In Sickness And In Wealth
Episode description: This is a story about health, but it's not about doctors or drugs. Set mostly in Louisville , Kentucky , it's a detective story out to solve the mystery of what's stalking and killing so many Americans before their time. The program uncovers the connections between healthy bodies and healthy bank accounts - and why residents of so many other nations, including many poorer countries, live longer and healthier lives. Solutions, evidence suggests, may lie not in more pills but in more equality.
Episode guide: The connections between healthy bodies and healthy bank accounts are uncovered.
Subject: E-mail exchange with State Sen. Kathy Sheran
To: Sheila Kromer
Sent: Monday, March 24, 2008 5:35 PM
Subject: E-mail exchange with State Sen. Kathy Sheran
Sheila,
Thought you might like to see another example of what we're up against. Following is an email I sent to state senator Kathy Sheran (among others) followed by her response. Feel free to put this up at freedomtoact.com if you like. (I would prefer that my e-mail address not be posted)
Dear Senator,I understand amendments have been proposed for the FTBA and I think it is absolutely imperative that the smoking ban be relaxed if not repealed altogether.The purpose of this ban was supposedly to protect people from the affects of SHS, a premise that is based on some extremely questionable (to say the least) "science".Supposing it is actually "dangerous", the unintended consequences of this paternalistic legislation seems to be far more harmful. Hospitality venues across the state are cutting the hours of and laying off the workers this law is supposed to be helping. Seems to me that canceling the health insurance and calling the kids home from college so you can afford to put some food on the table is an extremely high price to pay for some dubious protection that the vast majority of these employees and many, now former employees, didn't want in the first place.I would certainly appreciate a response with your vie ws on this matter.
Regards,
(My name and address)
And here is her response:
The scientific community has come to agreement on the dangers of second hand smoke...there are efforts by the tobacco companies to confuse the public with bias research but those studies have been examined and found to be flawed.
The public has been surveyed statewide...76% are very supportive of this legislation that protects the rights of smokers to smoke...and protects the non smoker from the hazards of anothers choice.I do not know of ammendments...but will not support any action to weaken this law...only to strenghten it if necessary. There cannot be a justification for allowing a public health hazard to continue....
(There was no opening or closing in her response. It began and ended just as shown).
This is the sort of blind faith we will be dealing with in trying to amend or, better yet, repeal this ridiculous legislation. Her first two paragraphs are the standard, recycled dogma of anti-tobacco with no basis in fact whatsoever.
Regards
Sent: Monday, March 24, 2008 5:35 PM
Subject: E-mail exchange with State Sen. Kathy Sheran
Sheila,
Thought you might like to see another example of what we're up against. Following is an email I sent to state senator Kathy Sheran (among others) followed by her response. Feel free to put this up at freedomtoact.com if you like. (I would prefer that my e-mail address not be posted)
Dear Senator,I understand amendments have been proposed for the FTBA and I think it is absolutely imperative that the smoking ban be relaxed if not repealed altogether.The purpose of this ban was supposedly to protect people from the affects of SHS, a premise that is based on some extremely questionable (to say the least) "science".Supposing it is actually "dangerous", the unintended consequences of this paternalistic legislation seems to be far more harmful. Hospitality venues across the state are cutting the hours of and laying off the workers this law is supposed to be helping. Seems to me that canceling the health insurance and calling the kids home from college so you can afford to put some food on the table is an extremely high price to pay for some dubious protection that the vast majority of these employees and many, now former employees, didn't want in the first place.I would certainly appreciate a response with your vie ws on this matter.
Regards,
(My name and address)
And here is her response:
The scientific community has come to agreement on the dangers of second hand smoke...there are efforts by the tobacco companies to confuse the public with bias research but those studies have been examined and found to be flawed.
The public has been surveyed statewide...76% are very supportive of this legislation that protects the rights of smokers to smoke...and protects the non smoker from the hazards of anothers choice.I do not know of ammendments...but will not support any action to weaken this law...only to strenghten it if necessary. There cannot be a justification for allowing a public health hazard to continue....
(There was no opening or closing in her response. It began and ended just as shown).
This is the sort of blind faith we will be dealing with in trying to amend or, better yet, repeal this ridiculous legislation. Her first two paragraphs are the standard, recycled dogma of anti-tobacco with no basis in fact whatsoever.
Regards
Monday, March 24, 2008
email to Shiela and here response
Pat - Thanks for your e-mail and offer of help. A couple of things that could help:
1) e-mail your legislators (they really do look at their mail from their own constituients)
2) encourage other people to also e-mail their legislators
3) Spread the word about the www.freedomtoact.com website
4) Do you have a story or know of anyone with a story, that would be willing to write it up and e-mail it to me so that we can post it on the website. If you have read some of the stories on the website, you get an idea of what we are looking for.
Thanks so much. I will add you to my e-mail list for updates, if you prefer not to be added let me know. BTW, which e-mail address should I use?
Sheila
----- Original Message -----
From:
To: sheiladk@comcast.net
Sent: Saturday, March 22, 2008 2:27 AM
Subject: Thanks. I'm just trying to help
Hey Sheila,
I've been following the Freedom to Act website for several months and have been aggressively fighting here in Southern Minnesota. I'm retired form the Army and work part-time as a bartender. I've physically seen and heard the stories of the small town bars. This whole situation is bullshit. If you can think of ANYTHING I can do to help the cause, please don't hessitate to ask.
Pat Colby
Windom, MN
(507) 831-1462
1) e-mail your legislators (they really do look at their mail from their own constituients)
2) encourage other people to also e-mail their legislators
3) Spread the word about the www.freedomtoact.com website
4) Do you have a story or know of anyone with a story, that would be willing to write it up and e-mail it to me so that we can post it on the website. If you have read some of the stories on the website, you get an idea of what we are looking for.
Thanks so much. I will add you to my e-mail list for updates, if you prefer not to be added let me know. BTW, which e-mail address should I use?
Sheila
----- Original Message -----
From:
To: sheiladk@comcast.net
Sent: Saturday, March 22, 2008 2:27 AM
Subject: Thanks. I'm just trying to help
Hey Sheila,
I've been following the Freedom to Act website for several months and have been aggressively fighting here in Southern Minnesota. I'm retired form the Army and work part-time as a bartender. I've physically seen and heard the stories of the small town bars. This whole situation is bullshit. If you can think of ANYTHING I can do to help the cause, please don't hessitate to ask.
Pat Colby
Windom, MN
(507) 831-1462
Smoking bans don't play in Peoria
Smoking Ban Won't Play in Peoria!
March 19th’s Peoria Journal-Star ran a story that will have repercussions for smoking bans throughout the world! Illinois State Prosecutors ad-mitted that since their law “does not put any onus on the bar employee or bar owner to prohibit smoking," they could not file a formal charge against a bar that failed to discipline smoking customers.
While this ruling applies just to the Illinois law, it can't fail to be heard in their neighboring state of Iowa, in the troubled bars of nearby Ohio where health investigators have refused to order customers to stop smoking because "We can't make them stop. We're not police.", on the bar-theater stages of Minnesota where desperate taverns have resorted to staging "smoking plays" in which every smoker is a thespian, and anywhere around the world where governments have tried to indenture employees to act as Junior G-Men without badges.
Bartenders themselves can be fined for smoking on duty, and a bar can be fined if they fail to display "No Smoking" signs or if they provide fire-safety devices (ashtrays) for customers, but it has now been made crystal clear that the days of "Undercover Secret Smoking Police" in Illinois are over. And whether the state has the guts to enforce an ashtray ban that might leave them liable for fire deaths and damages seems unlikely.
The days of Illinois' smoking customers universally being grabbed by the scruff of the neck and tossed to the gutter are over. Spring Valley's Family Tavern, bartender Karla Carrington, and Peoria legal eagle Dan O'Day have fired a puff of smoke into the air that will be seen around the world! Wherever else bans may have played in the past, they flopped big time when they tried to take center stage in Peoria and they’re flopping even bigger time on the stages of bars all across Minnesota!
Michael J. McFaddenAuthor of "Dissecting Antismokers' Brains"http://www.thetruthisalie.com/
Visit & Support http://FreedomToAct.com
and the Tavern League of Minnesota!
March 19th’s Peoria Journal-Star ran a story that will have repercussions for smoking bans throughout the world! Illinois State Prosecutors ad-mitted that since their law “does not put any onus on the bar employee or bar owner to prohibit smoking," they could not file a formal charge against a bar that failed to discipline smoking customers.
While this ruling applies just to the Illinois law, it can't fail to be heard in their neighboring state of Iowa, in the troubled bars of nearby Ohio where health investigators have refused to order customers to stop smoking because "We can't make them stop. We're not police.", on the bar-theater stages of Minnesota where desperate taverns have resorted to staging "smoking plays" in which every smoker is a thespian, and anywhere around the world where governments have tried to indenture employees to act as Junior G-Men without badges.
Bartenders themselves can be fined for smoking on duty, and a bar can be fined if they fail to display "No Smoking" signs or if they provide fire-safety devices (ashtrays) for customers, but it has now been made crystal clear that the days of "Undercover Secret Smoking Police" in Illinois are over. And whether the state has the guts to enforce an ashtray ban that might leave them liable for fire deaths and damages seems unlikely.
The days of Illinois' smoking customers universally being grabbed by the scruff of the neck and tossed to the gutter are over. Spring Valley's Family Tavern, bartender Karla Carrington, and Peoria legal eagle Dan O'Day have fired a puff of smoke into the air that will be seen around the world! Wherever else bans may have played in the past, they flopped big time when they tried to take center stage in Peoria and they’re flopping even bigger time on the stages of bars all across Minnesota!
Michael J. McFaddenAuthor of "Dissecting Antismokers' Brains"http://www.thetruthisalie.com/
Visit & Support http://FreedomToAct.com
and the Tavern League of Minnesota!
email from Sabins Bar. One of our "heros".
My comments. Let's take some pages from the "lefty protester playbook". and post information in your bar or write to newspaper even if you don't want to risk a "bar smoking" night. A secret I have been holding back. Besides http://freedomtoact.com my other website is http://soliah.com I have been following the "Symbionese Liberation Army" beat since the June 1999 arrest of Kathleen Ann Soliah/Sara Jane Olson. I wouldn't mention this except for the totally bizzarre parole then return to prison of Soliah/Olson (that make the drudgereport.com) which kept me busy this weekend and derilict in my duties with http://freedomtoact.com (All voluntary, no pay, but I believe in your cause. So far my only cost is $7.20 for the domain name frredomtoact.com). Even if you don't want to risk a smoking theater inform police, the media, patrons and public that I started the "anti-Soliah efforts. Use your bar as a political forum for this. It's getting warm so if you want to take it outside and stay "legal" encourage and do it. We need areason to get people back to bars so why not protest (I tend to be conservative but I met a lot of women at protests ) If I ever get caught up on this I on the domain name
http://outdoorstage.com and would be glad to put it to us
Those cases were considered "unprosicutable." We achieved convictions. It many brave people who picked up the case who resulting in the convictions but I started the ball rolling. Tell this to police you encounter and also tell these same polic that the same person is behind http://freedomtoact.com. Ask them and their customers to disseminate this information. It's time to "ramp it up". I don't care for my sake, it's just tha the potential release of Soliah/Olson showed that that sore still "festers" and I have nothing to hide. Here is a diggers page I made for http://soliah.com http://ocrscans.homestead.com/dig1.html
From: Sheila Kromer
To: slatrial@netscape.net
Sent: Thursday, March 20, 2008 8:16 PM
Subject: Can we Post: How Ironic
----- Original Message -----
From: Terry Horridge
To: Sheila Kromer
Sent: Wednesday, March 19, 2008 7:39 PM
Subject: How Ironic
Sheila,
We couldn't help but notice when we paid our sales tax today, that in our Internet drop down menu the www.FreedomToAct.com website was at the top, and the www.taxes.state.mn.us was pretty close to the bottom. We like whats happening here, and are glad to be a part of it. We will support theater nights 100%, ticket or no ticket. We posted the FreedomToAct website in our front window (the biggest one in town) five times with neon pink paper. To quote Mr. Mark Benjamin "Brave People are Free People". We also made copies of Marks response to our theater night threats, and posted them around the bar so our patrons know he is behind them too. Keep up the good work. Fyi, the police have not come back to our bar. We hope this is encouraging to everyone else that has been threatened.
Mike and Terri Horridge
Sabins Bar
2 W. Lake St.
Chisholm, MN 55719
218 254-2318
http://outdoorstage.com and would be glad to put it to us
Those cases were considered "unprosicutable." We achieved convictions. It many brave people who picked up the case who resulting in the convictions but I started the ball rolling. Tell this to police you encounter and also tell these same polic that the same person is behind http://freedomtoact.com. Ask them and their customers to disseminate this information. It's time to "ramp it up". I don't care for my sake, it's just tha the potential release of Soliah/Olson showed that that sore still "festers" and I have nothing to hide. Here is a diggers page I made for http://soliah.com http://ocrscans.homestead.com/dig1.html
From: Sheila Kromer
To: slatrial@netscape.net
Sent: Thursday, March 20, 2008 8:16 PM
Subject: Can we Post: How Ironic
----- Original Message -----
From: Terry Horridge
To: Sheila Kromer
Sent: Wednesday, March 19, 2008 7:39 PM
Subject: How Ironic
Sheila,
We couldn't help but notice when we paid our sales tax today, that in our Internet drop down menu the www.FreedomToAct.com website was at the top, and the www.taxes.state.mn.us was pretty close to the bottom. We like whats happening here, and are glad to be a part of it. We will support theater nights 100%, ticket or no ticket. We posted the FreedomToAct website in our front window (the biggest one in town) five times with neon pink paper. To quote Mr. Mark Benjamin "Brave People are Free People". We also made copies of Marks response to our theater night threats, and posted them around the bar so our patrons know he is behind them too. Keep up the good work. Fyi, the police have not come back to our bar. We hope this is encouraging to everyone else that has been threatened.
Mike and Terri Horridge
Sabins Bar
2 W. Lake St.
Chisholm, MN 55719
218 254-2318
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