Thursday, April 10, 2008

Bob Popal Nighttimes Magazine: This is what I sent to the legislators on the comittee.

Sent: Wednesday, April 09, 2008 11:52 PM
Subject: This is what I sent to the legislators on the committee.
Hello all!

I would like to take this opportunity to write to you all about my feelings surrounding the debate of whether to repeal or modify the smoking ban that was enacted last Oct 1st. Being the sales manager of an entertainment magazine here in the Twin Cities, I have seen our ad revenue plummet due mostly to the smoking ban. I have seen many bars close, people out of work because bar owners cutting staff down due to the lack of "smoking" customers in their establishments. I don't think most of the legislature really thought of the trickle down effect this ban has had to the economy of not only bar owners & employees, but to the liquor and beer vendors, food suppliers, charitable gambling, advertisers, and the biggest one of all, THE STATE! I bet when you look at the lack of revenue the state has lost since the ban went into effect, you really wonder if this was the right move. Well, it wasn't. All I ask everyone of you to do is to really look at the numbers compared to last year and you certainly will be amazed. This country was based on freedoms. We are all free to come and go from establishments. If we don't like the establishment, we leave. I know personally a lot of bars that still will not have smoking in their bars even if the ban was lifted. I think that's called freedom of choice. The original bill that was introduced had a provision that if there were patrons under 18 in restaurants, they have to be non-smoking. That's ok!! But adults do have choices also. If they don't like smoke, don't go to that establishment. Go to the non-smoking one. As it's been said,"The needs of the many, outweigh the needs of the few". Please consider that when you get together!

Thanks!!Bob PobulNiteTimes Magazine
Cell-763-377-2574
O-763-862-5931
www.tcnitetimes.com

Can We Post: Freedom To Act No reply from Tinglestad.

Hey Greg - Bob hasn't received a reply yet...can you imagine that! She is a prime example of talking out of both sides of her mouth. Does she think we are stupid or something.Did she think she would not be held accountable for the way she voted after what she said in her letter to Bob.
Sheila

Original Post http://freedomtoact.blogspot.com/2008/03/my-question-is-why-did-she-then-vote.html

----- Original Message -----
To: rep.kathy.tingelstad@house.mn

Sent: Friday, April 04, 2008 9:41 AM
Subject: Re: Freedom To Act
Attached is the letter you sent me on 3.14.08. In the letter you stated that "That is why I supported a statewide smoking ban in restaurants where families frequent, but should not have been extended to VFW's, Legions and bars." So why last night did you vote against the amendment for "Smoking shacks"? You really confuse me. First you say that you are in support, then you back off and turn the other cheek? Can you explain this to me? The reason this amendment was introduced is to LET the VFW's, Legions and bars to smoke outside in a separate place other than indoors! At least they won't freeze during the winters. Please respond!

Thanks!!Bob Pobul
530 109th LN NW
Coon Rapids, MN 55448

Shiel Kromer of Barnacles get roses.

Greg - I received 2 dozen long stemmed red roses and would like to thank who ever sent them to me! I would like to share them with all the people that have stepped up to the plate and are helping to try and make a difference. A few people can not make a difference but with everyone we CAN!!!

Sheila

Wednesday, April 9, 2008

Smoking Ban Theater Night Press Release 2008.04.09

MARK W. BENJAMINCriminal Defense, P.A.
237 Second Avenue SW,
Suite 111Cambridge, MN 55008
763-691-0900 (office)
763-670-9664 (mobile)
Press Release
Smoking Ban on Trial: Court case of State of Minnesota v. Tom Marinaro set for Monday, April 28, 2008 at 3:30 p.m. at the St. Louis County Courthouse in Virginia, Minnesota.
On Friday afternoon, March 14, 2008, Babbitt Chief of Police Terry Switajewski issued a citation to Thomas Marinaro for allowing smoking in his establishment, Tank’s Bar. At the time, Mr. Marinaro was presiding over and directing an improvisational theatrical production entitled “The Gunsmoke Monologues”.
Minnesota’s smoking ban specifically permits smoking by actors and actresses in theatrical productions as long as performance programs notify patrons that there will be some smoking during the play. Mr. Marinaro had posters prominently displayed and playbills circulated in his establishment providing just such notice.
Mr. Marinaro was supposed to appear in court for his arraignment on Friday, April 4, 2008. However, his attorney, Mark W. Benjamin, wrote to the court and waived the appearance. The City Attorney for Babbitt, Mike Kearney, and Mr. Benjamin have worked with the St. Louis County Court Administrator’s Office in Virginia, Minnesota to set a new court date – Monday, April 28, 2008 at 3:30 p.m.
Both sides do not disagree over the facts of the case and, for that reason, there will be no testimony. Instead, Mr. Kearney and Mr. Benjamin will argue the law to the presiding judge.
Mr. Benjamin will file his legal brief by Monday, April 14th; Mr. Kearney will file his by Monday, April 21st.
Mr. Benjamin will argue that the “theatrical productions” phrase in the state’s smoking ban is unconstitutionally vague and is therefore unenforceable.
The Minnesota Department of Health has taken the position that theatrical productions in bars violate the state’s smoking ban. This brings up an interesting scenario.
Assume Mr. Marinaro is an aficionado of the performing arts, that he regularly attends performances at the Guthrie, that he is a multi-millionaire and gives generously to the Guthrie. Assume further that he calls upon the Guthrie to do an on-the-road production of “12 Angry Men” (which features lots of smoking) at Tank’s Bar in Babbitt, that he will pay for the performers, the props, the transportation, food and lodging – and the Guthrie agrees.
According to the Minnesota Department of Health, such a theatrical production would violate the state’s smoking ban because … it’s in a bar. Really.
Our show goes on.

Maplewood's infighting raises insurance costs

Not strongly related to the smoking ban but Maplewood has sent "health inspectors" to threaten and allegedly try to intimidate the Rock Night Club for putting on "theater nights" in the past. The Minnesota Department of Health apparently "determined" without citing specific legal advice signed off by an attorney and in the absence of any signed opinion by the MN Attorney General's office that the "theater nights" were illegal. If the "smoke theater" provision is upheld on appeal there could potentially be legal actions against bars that claim that they have lost business after they were threatened by local officials. It's a "long shot" but if local officials credibly are accused in not using "due diligence" in following the word of MN DOH (IE: to you have a signed legal ruling or a signed opinion from the MN Attorney General's office. Don't count settlements yet but pending lawsuits affect the credit rating and insurance rates of a city.

Maplewood has plenty of other "issues" such as a former official that had a "no disparagement clause" in the work contract, but lawsuits make a city vulnerable to more lawsuits. Especially if challenged public officials should know the legal grounding of the laws or ordinances they are trying to enforce. If they claim they don't know this is a minor error but a request for a legal opinion on points (like vetting signed off by specif lawyers and or the MN Attorney General's office signed opinion). Public officials don't have to aid in a person defense but they have to justify the legality of the laws that they are enforcing. The lawyers paid by the government get paid to put thei signature behind legal opinions that the give when laws are enforced.


(Note: A prosecutor of course doesn't have to disclose their legal strategy, contacts, and such but the prosecutor does not make the initial ticketing, arrest or fine but they they don't make the initial complaint as an agent of the government. Greg Lang

Maplewood's infighting raises insurance costs
City's insurer, citing lawsuit expenses, boosts its rates and delivers a warning
mailto:emohr@pioneerpress.com?subject=TwinCities.com:
Article Last Updated: 04/08/2008 10:20:06 PM CDT

Fed up with the squabbling and rising cost to insure Maplewood, the League of Minnesota Cities gave the St. Paul suburb a stern and expensive reprimand Tuesday.
The league, which insures all but six Minnesota cities, had been considering dumping Maplewood's policies. On Tuesday, the league's board of directors agreed to offer a renewal to the city, but with stiff premium and deductible increases.
"The board's concern is the contentious and divisive situation out there," Pete Tritz, director of the League Insurance Trust, said, noting that the atmosphere at City Hall contributed to a spike in lawsuits.
The league fears that if the situation doesn't change in Maplewood, there could be more litigation.
The city's insurance agent, Arthur J. Gallagher Risk Management Services Inc., called a meeting Monday to spell out the league's position. A representative of Gallagher, which acts as middleman between the city and the league, cited examples of troubling City Council behavior.
League attorneys are upset the council has disregarded their warnings on such things as talking to the media about lawsuits and the people involved when told not to, said VeNita Schnebele, a Gallagher representative.
"You're all individuals; you're going to speak your mind," Schnebele said, "but at the same time we need to follow the attorney's advice."
Maplewood Mayor Diana Longrie took issue with the idea the city's insurer was threatening to revoke coverage or penalize the city based on what it considered "uncooperative" behavior.

"A council member ... expressed their opinion of somebody. Is that OK? I don't know. Is that protected by the First Amendment? I don't know," Longrie said. "But they're saying, 'We won't insure you if you speak your mind.' What speech is allowed? I don't know."
Longrie said she wants more information on how the league handles similar scenarios with other cities to determine whether Maplewood is being "singled out."
But league officials cite events of the past couple years as reason for concern. Four employment-related claims have been filed against the city since 2006; three have been settled. Former Human Resource Director Sherrie Le won her claim and a $185,000 award this year. And a land-use lawsuit is pending.
Litigation-related losses for the past year exceeded $1 million, Schnebele said.
That amount was big enough for the league to consider dropping Maplewood's insurance coverage — an unprecedented move. In the past 20 years, the league hasn't dropped any city, Schnebele said.
"And we don't want to be a pioneer in this area," she said.
The league's insurance coverage is the best option for the city, in terms of price and breadth of coverage, compared with the "standard market," Schnebele said. She urged the council to heed the league's warning.
The city's coverage is scheduled to expire June 30. Adjusted premiums under the new contract will be "123 percent of what the average city would be paying" and Maplewood's deductible will increase from $50,000 per claim to $200,000, Tritz said.
The League of Minnesota Cities' action is the latest blow to the city.
Last month, the Pioneer Press detailed financial problems facing Maplewood and its leaders, who have been engaged in a shifting power struggle. The city was behind on checking bank statements against city records, there was no way to weigh expenses because budget numbers hadn't been entered into the city's computers, and leaders did not know the current value of the city's fixed assets.
Acting City Manager Chuck Ahl said he has added staff to address those issues and progress is being made.
He assured Maplewood residents in a letter last week that funds have not been misappropriated, but that the state of the finances was a result of "the process of reporting and monitoring" in the city.
The state auditor's office responded to calls for an in-depth look into the city's books by meeting with Ahl and Finance Director Bob Mittet last week.
State Auditor Rebecca Otto said Tuesday the state will "be monitoring their current situation," but won't perform an audit.
Tritz said the league's board weighed the city's recent efforts to fix its problems.
"If all hope were lost, the board would not have offered renewal," he said of the insurance coverage.
Elizabeth Mohr can be reached at 651-228-5162.

Tuesday, April 8, 2008

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

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

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

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

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

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

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

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

Hello Everyone,

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


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

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

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


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

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


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


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

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




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

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

Sincerely,

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


Slippery Slope

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


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






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

Monday, April 7, 2008

Fate of new ‘smoking shack’ concept appears hazy

Thank you, Dean, for speaking out on behalf of the small businesses in your area. I would hope that more than a smoke shack solution can be considered. I still feel the free market should decide and the solution should be tailored around this concept. A smoke shack won't bring the business back in a real business sense. Many businesses do not have the space to erect a smoke shack or may have local ordinances against temporary shelters. It is small consolation as many small businesses are FRANTIC for a solution and may agree or take anything just to have a bone thrown to them and not consider that there are other better solutions. I wanted to thank you for your email responses and let you know that I appreciate what you are quoted as saying in The West Central Tribune. Thank you again. Lia Nistler241 Cedar Ave SWatkins, 55389320-764-2530

http://www.wctrib.com/articles/index.cfm?id=35608&section=News

Fate of new ‘smoking shack’ concept appears hazyBy Don DavisWest Central Tribune - 04/05/2008ST. PAUL — Some Minnesota bars may peg their survival hopes on “smoking shacks,” but first must wait to see if that idea survives a difficult legislative test. Rural lawmakers said during a marathon Minnesota House session that ended early Friday morning that allowing smokers to light up in shelters near bars could save those businesses. Many rural Democrats joined Republicans to approve 73-59 what Rep. Bud Heidgerken, R-Freeport, called “smoking shacks.”The provision, placed in a 370-page House budget-balancing bill, would provide bars with a loophole to the statewide smoking ban.They could build a “structure located outside of an establishment that provides shelter for persons smoking outdoors,” Heidgerken’s provision says.No drinks or food could be served in a smoking shack.“I think what you would see is a little fish house out there; that would be about it,” Heidgerken said in offering his amendment.The smoking shack concept is fa r from law. The Senate has no similar provision in its bill, but since the House backed the smoking shack idea it could become part of upcoming negotiations between the two chambers.“I’m not going to say that it won’t be looked at because it will, and who knows,” said Assistant Senate Majority Leader Tarryl Clark, DFL-St. Cloud.House Speaker Margaret Anderson Kelliher, DFL-Minneapolis, voted against allowing smoking shacks and said the measure’s future is unclear.“I think it’s going to be a tough item in conference committee,” Kelliher said.The amendment came about, Heidgerken said, because so many bars are going out of business. That is happening across the state, rural lawmakers said.“I have a lot of friends losing their businesses, and it doesn’t have anything to do with the economy,” Rep. Tom Rukavina, DFL-Virginia, said. “It is because of people like me who like to drink, smoke and swear.”Since lawmakers passed a statewide smoki ng ban last year, bar owners have complained they are losing business because drinkers often also like to smoke and now opt not to frequent bars.“It mostly reflects a recognition that there is some potential loss of business to some of these family businesses, and maybe there’s some way we can provide some relief,” said House Majority Leader Tony Sertich, DFL-Chisholm.Some bars recently have held “plays,” calling their customers actors, because smoking is allowed in performances. However, state health officials say that is illegal.Heidgerken said early Friday that he will seek a Senate sponsor for the concept before legislators go home for the year May 19. Clark said there are Senate Democrats who would support the idea, but she also cited a study that looked at the negative health effects of second-hand smoke.One rural representative after another stood up during the House debate, arguing to give bars a break from the 2007 law banning smoking from almost every public place.Rep. Dean Urdahl, R-Grove City, held up a soft drink bottle and told his colleagues: “I spent a lot of time the last few weekends going to bars — drinking my Diet Pepsi and asking what the smoking ban does for them.” He learned that it hurts.“This is about jobs,” Urdahl added.The House sponsor of the smoking ban opposed smoking shacks.“What this is doing is chipping away at the Freedom to Breath Act,” said Rep. Tom Huntley, DFL-Duluth.

From Shiela Kromer: Can We Post: Watchdog Email Update

Hey Greg - Just got back to town. Quite the weekend with all the news. I'm going to send out an update hopefully tomorrow. Can we post the e-mail below.

----- Original Message -----
Subject: Fwd: Watchdog Email Update
Something from the Anoka County Watchdog.

Thanks!!Bob Pobul NiteTimes Magazine
Cell-763-377-2574
O-763-862-5931
www.tcnitetimes.com

Central Daylight TimeSubj: Watchdog Email Update
WWW.ANOKACOUNTYWATCHDOG.COMEMAIL UPDATEApril 4, 2008In This Issue:
1. Gassy? Bloated?
2. Double Trouble.
3. Dude, Where’s My Study?
4. Smoking Ban Buffoonery.
5. Subsidy City.

1. Gassy? Bloated?Are you getting that bloated, gut-rot feeling as you pull into the service station? Is there a twinge of nausea as you twist off the gas cap and grasp the pump? Doctor Watchdog has the diagnosis. It’s called Tingelstad-Abeler disease. This week, their “Profile in Courage” gas tax went into effect at the pump. Apparently, these two are just hunky-dory with government throwing you a tax-filled anchor as you drown at the pump under the weight of $3.30 a gallon gas.And yes, it gets worse. The gas tax is actually a three stage disease. Stage II happens this fall with the third gas tax increase coming after that. And don’t forget about Sales Tax syndrome. That’s incubating in your wallet right now and will manifest itself come July 1st. By the way, economists call for gas to be at $3.75 a gallon by Memorial Day. But that’s okay. Your 401(k) and those real estate investments are doing well, right? http://www.startribune.com/local/17183431.html

2. Double Trouble.Even by the legislature’s low standards this week was a truly awful week for the beleaguered taxpayer. Not one but two truly bad bills passed off the House floor, endangering your economic and mental health.First, the earmark pageant, er, bonding bill was passed, with all the bacon, pork, sausage, and pickled feet you would expect. Heck, the DFL used everything but the squeal in slaughtering this piggy piggy.It’s all there. The bike trails, volleyball courts, gorilla housing, ice arenas, convention centers, nature centers, brass band sheet music museums and so much more that is absolutely irrelevant to core governmental functions.And that’s the good news because taxpayers expected the pork fest. What was even worse was the overall magnitude of the spending. Since 1979, the legislature has observed a fiscal practice of passing a bonding bill that cost no more than 3% of the state’s general fund budget. Rudy Perpich, Arne Carlson, Jesse Ventura and legislators from both parties took care to honor this practice – until 2008.Yes, the same gang that took us from a $2 billion surplus to a $1 billion dollar deficit also managed to blow past the three percent spending cap on the bonding bill! The bill should have had a price tag of no more than $825 million. Instead, their hog weighed in at a cool $1 billion.Governor Pawlenty has stated he will veto the whole bill or use his line-item veto authority to conduct emergency fiscal liposuction. The Watchdog recommends the guv rent “Kindergarten Cop.” He appears to be the only adult working at the Capitol. Larry and Margaret, it’s not a tuma!Now let’s turn to the “finance” bill. Last night, after 17 hours of floor action, the House passed, on a strict party line vote, the DFL’s deficit elimination bill. As mentioned above, the state is about $1 billion in the red.The DFL’s 372 page bill was a Frankenstein collection of shifts, gimmicks, fund raids, tax increases, fee increases, along with a whole bunch of bad policy.Where to begin? How about $416 million in fees? How does $232 million in tax increases grab you? How about raids on dedicated funds siphoned off to balance the general fund? By the way, that’s one-time money available only this year, leaving the budget $500 million in the red for the NEXT biennium. After that, there’s a whole bunch of rotten policy apples baked in. California emissions standards, increased sick leave for state employees (don’t you have enough?), “Green Economy” economic mandates…and on and on.Oh yeah. The Minnesota Constitution also dictates that a bill shall embrace only one subject. The courts, however, won’t get a say any time soon since the governor will no doubt once again be forced to whip out his “adult supervision” veto pen.

3. Dude, Where’s my study?The Vikings has appeared to jump start their ill-fated inept stadium pursuit this week when the Senate tax omnibus bill contained authorization for a “study” regarding a new stadium. In actuality, these studies are usually nothing more than a blueprint for a taxpayer-financed stadium.When the tax bill reached the Senate floor, John Marty (DFL-Roseville) extracted the study like an infected tooth. Another loss for Lester Bagley and the Armani-clad hucksters who prowl the Capitol in the service of Zygmunt Wilf.Watchdog sources at the Capitol collectively rolled their eyes. Some Capitol observers consider Lester Bagley mediocre and are not surprised that the Vikings can’t make headway at the Capitol. Good. Give him a raise, Zygi!Let’s step back for a moment. At one time, the Vikings stadium effort was headed up by Steve Novak and Lester Bagley. No wonder nothing got done. There was Laurel and Hardy. There was Mutt and Jeff. There was Beavis and Butthead. And there was Bagley and Novak.http://www.startribune.com/politics/state/17236484.html

4. Smoking Ban Buffoonery.While the Watchdog doesn’t condone smoking, we always knew there would be problems with the state’s Big Brother smoking ban. We just knew there would be problems when a collection of special interests zealots teamed up with know-it-all government elites to tell business owners how to run their enterprise.And the results are in. First, the smoking ban has seriously eroded charitable gambling receipts. Those gambling proceeds are used for everything from providing youth athletic opportunities to providing everyday life necessities for permanently wounded combat veterans.On top of that, there is data that indicate that smoking bans increase drunk driving. Good job, guys.http://www.startribune.com/local/17298174.htmlhttp://www.startribune.com/politics/state/17167501.html

5. Subsidy City.The big news out of Washington this week was the grilling of “Big Oil” executives who apparently have been too successful running their businesses while government has made earning that profit more difficult by banning drilling in ANWR and creating regulations that make it nearly impossible to add refining capacity. Now the Watchdog is opposed to subsidies for oil companies. But let’s make note of the rank hypocrisy here.The same week that Washington was blasting oil subsidies, a House measure to reduce farm subsidies was crushed. Farm income is at an all-time high and our members of Congress are totally unwilling to reduce the billions in subsidies we all pay to farmers. So, who’s greedy?-- To unsubscribe/change profile:http://www.mailermailer.com/x?u=80656633t-9ea2e6fcTo subscribe:http://www.mailermailer.com/x?oid=34791bOur address:PMB 207, Anoka County Watchdog 13055 Riverdale Drive NW, Suite 500 Coon Rapids, Minnesota 55448

June 2005: Despite hefty losses, Minneapolis bar owners can't get anyone to reconsider the smoking ban

This is a June 2005 article from City Pages on the effect of the Minneapolis Smoking ban which took effect in March 2005. I recall that that was a very warm Spring so cold wasn't a real factor before this June 01, 2005 story. I recall that the 2005 Autumn was until December 2005, when a protracted cold spell hit. The cold spell took another permanent toll on the Minneapolis Bar business.

City Pages has permanent links. Here is the single page link. http://articles.citypages.com/2005-06-01/news/stubbed-out/full/

Sunday, April 6, 2008

Chisholm, MN Police (218) 254-7915 threaten to write $10,000 "tickets".

If the Chisholm Police were actually able to issue "$10,000 tickets" that would defintely redefine "tourist trap". Greg Lang

Chisholm, MN Police webpage:
http://www.chisholm.govoffice.com/index.asp?Type=B_BASIC&SEC={21A2B705-8A13-4D61-9563-C0F394088FF2}
Terri --I am copying the members of our group regarding the harassment of you and your bar employees and requesting that it be posted on our website. Obviously, the cops are unaware (or just stupid?) that they only have the statutory authority to issue a petty misdemeanor ticket (which, by definition, cannot be more than $300.)

Furthermore, it seems a waste of the city's law enforcement resources to be sending a squad car to drive by your bar four times in a such a short period of time. Maybe the good citizens of Chisholm would want to weigh in on that at the next city council meeting.

Finally, ENOUGH with the talking and threatening about how they're "going to" be issuing tickets or administrative penalty orders or whatEVER. We are now officially eight weeks into Theater Night in Minnesota and the state has only three pathetic tickets to show for it.The next time they say that they're "going to" issue tickets, ask them "When?" and "How about right now?"It takes courage to be free. And the show goes on.-- Mark Benjamin

Subject: Cops at Sabins againDate: Sat, 5 Apr 2008 15:13:57 -0500
Mark,

The police showed up again last night Apr 4, at about 10:30pm.Heres the facts as told by our bartender Heidi Kruger. "Officer Chamernick and, a lady officer named Katie came in and walked directly up to me. Officer Chamernick asked if my name was Heidi Kruger. I said yes. He asked, and was given my birthdate. He said I would be getting a ticket for putting on the play. I said ok. He asked who the other bartender was and I said Tracy. He asked Tracy what? and I said I dont know. He said ok I'll go talk to her. He came back a few minutes later and asked where the owner was, and I said hes not here tonight. Chamernick said, so your in charge? and I said yes. He then said, your aware that this is a fine of $10,000? I said ok, and they both left."

We talked to Tracy Koop, our other bartender, and she said officer Chamernick also got her birthdate, and told her she would be getting a ticket too. They did not write out the tickets last night, so I assume they are going to mail them, or bring them in later. when Mike got home just after 12am he was standing outside, and within 5 minutes, a police car drove by 4 times. I believe they will be back tonight, and maybe their next step will be to ticket customers. We shall see.

Regards,

Terri Horridge
Sabins

My (Greg Lang) updates and comments. Sunday April 06, 2008

Check back Monday at http://freedomtoact.com There should be important news and updates. Lawyer Mark should have a press release on the next court actions. As soon as I get it Ill post it. We have a few other surprises which I can't detail now. Check back Monday for something more than my comments. Spread the word and remember http://www.tavernleaguemn.org/ which has a wealth of information and the fledgling (that's a theater term!) fundraising effort http://DefenseOfRights.com/ I would like to state that will receive none of the money. I can afford the $14.20 I have invested so far in two domain names (though I might take you up on a drink or lunch if I ever meet any of you fine people.)

Anyway, until Monday, endure my "spiel" err, I mean comments and updates. Or else you can get out and enjoy the warmer weather. Greg Lang Sunday 04-06-08

I took a rest after the mass-posting on Friday (ahh! spring weather!). I just checked and http://freedomtoact.com/ has passed 4,000 page views. This is remarkable for something I started on a late night lark less than two months ago. Thank you loyal readers.
On Saturday evening I saw Governor Tim Palenty an the replay of KTCA's Almanac. The Governor seemed to fudge, saying he had to look at it but he had to be assured that this didn't involve things like new additions to bars. This may be encouraging because, as I understand it, the "smoke shack" provision states that it must be a separate structure where bar personnel cannot serve or sell drinks. The exhaust from the "smoke shacks" could easily be ducted away from the bar and the entrance so the "anti's" will lose their argument that they are exposed to smoke at the bar or entrance argument. It is of course a "straw" argument. The real goal is to make smoking so difficult and unpleasant that people will quit. They of course won't admit this.


This "making them eat the dog food they are given" strategy doesn't work because America is still a democracy based on capitalism and people have "choices". Our history is replete with this. I have been studying the concept of "pubs" or "so-called "public places" I recently saw a program on "living small in Tokyo" Housing has excellent electronics (thing high speed Internet and cable TV) but it has a huge number of "boutique bars" sometimes under 250 square feet. The housing square footage is so small and cramped that people socialise at these. That doesn't happen here that much because we have more living space and paradoxically if things are "tense" because your behind on the "rent" going to a bar doesn't help things.

The "ambiance" for a World War II veteran and his wife at the VFW or a blue collar worker at a bar that basically only serves frozen pizza for food is no different that the yuppie" going out for a "dining adventure" (barf!) or the coffeehouse affection ado expecting the perfect "Joe" from their "barista". (equal barf!) Those are my experiences but economically booze, coffee and food are cheaper at home. If you don't fell welcome, you don't feel ambiance or experience then you tend to stay at home. You can drink, make dinner or make a coffee a lot cheaper at home.

What people lack by "cocooning" to use the popular term, is the sometimes random social contact surprises you get when going out and also the feedback. This tends to help keep people stay healthier and happier. Monday evening I have a plan to rent the Tuesday DVD release "There will be blood", being perhaps the first person in the Central time zone to watch it legally on DVD. I am looking forward to this because I liked Daniel Day Lewis in "Gangs of New York". This will cost me $1.07 per day. I'll look for some more "child appropriate" new release DVD's for the same $1.07. I will be meeting with people I know Tuesday afternoon so I hope to hand over the http://redbox.com rental DVD's to them. They live a block from a http://redbox.com kiosk and they always get them back by 9PM Wednesday.

Obviously, I can afford the dollar a day DVD rentals an the cost is small compared to what I spend in the visit with my friends. Nothing wrong with me watching a new release DVD or two but you can with drawl. Most of my friends are smokers (set to the tune of Garth Brooks "I've got friends in low places") http://www.youtube.com/watch?v=bdMM89hIu9U I have seen this happen since the smoking ban. They aren't going to quit.

Larry Flints Hustler Magazine had the "A__hole of the month" award. If we had that it should go to St. Paul City Council member Dave Thune who who commented that he didn't want "8,000 republican lobbyists puking in his district." I've dealt with republican lobbyists and they are not known for "puking in public". We could take a page from the lefty playbook. When Assita Shakur (now a fugitive in Cuba) was a fugitive accused of killing a cop (sounds familiar) lefties put signs in their windows "Assitta Shakur is welcome here. How about signs in homes and businesses that say "Dave Thune is not welcome here." A business would have to serve him, that's the law, but they don't have to like it. Put up the sign, especially at a business in Thune's district an I'll post it at http://freedomtoact.com which is monitored by the national media who are looking for election "angles".

Basically don't let Dave Thunes comments die. Thune spearheaded the Twin Cities smoking bans. A lot of people I talk to who generally approve smoking bans and hope that fewer people smoke in the future (so do I) express to me worry that the anti-smoking "advocates" are increasingly become "jerks" (to put it politely). Dave Thune is a "poster child" for this. Wave that "poster" and don't put it down.

Enough for my "speil". Check back for the "good stuff" Monday. Greg Lang

Yesterday I (Thomas Funari) registered the following domain names:

New website: It lists the MN House vote on the "smoke shack" provision. Note: the area code at the legislature is "651". http://www.mnsmokingbantruth.com/house.html

There is also a discussion forum started. set up http://pub20.bravenet.com/forum/1705417944

Thomas Funari who is behind this is the Karaoke operator who's financial situation was highlighted here a couple of weeks ago. http://freedomtoact.blogspot.com/2008/03/can-we-post-karoke-businesses-hurting.html

Yesterday I (Thomas Funari) registered the following domain names:

http://www.mnsmokingbantruth.com/
http://www.mnsmokingbantruth.net/
http://www.mnsmokingbantruth.biz/
http://www.mnsmokingbantruth.info/

I've also set up a store at:

http://www.cafepress.com/mnsmoketruth

My intent is to recoup a minimal amount to get the website for http://www.mnsmokingbantruth.com/ up and running and supported with the rest of any profit going to Mark for the legal defense fund. Right now there's only a bumper sticker there, it was all I could whip together quickly to put up to start the store.I'm going to ratchet up quite a bit here over the weekend and the course of the next week.