MARK W. BENJAMIN
Criminal Defense, P.A.
237 Second Avenue SW, Suite 111
Cambridge, MN 55008
763-691-0900 (office)
763-670-9664 (mobile)
Press Release
NEW COURT DATE TO COME: Smoking Ban court case of State of Minnesota v. Tom Marinaro no longer set for Monday, April 28, 2008 at 3:30 p.m. at the St. Louis County Courthouse in Virginia, Minnesota.
The above-entitled case was originally set for oral argument on the legality of Minnesota’s smoking ban, specifically regarding the “theatrical productions” exception. Prior to such argument, stipulated facts were to be submitted to the court.
Unfortunately, the prosecution and defense have been unable to stipulate to the facts. For that reason a court trial will be necessary to establish what occurred at Tank’s Bar on the afternoon of March 14, 2008 in the City of Babbitt, Minnesota.
The St. Louis County clerk of court has directed the prosecution and defense to engage in a scheduling conference by telephone on April 30th at 8:10 a.m. A new court date will be assigned at that time.
At the court trial, the defense will seek to establish the necessary facts to show that Mr. Marinaro’s conduct fell within the “theatrical productions” exception to Minnesota’s smoking ban and, for that reason, he cannot be found guilty.
Our show goes on.
Friday, April 25, 2008
After the Smoke Cleared, Where Did All the Bingo Players Go?
http://www.nytimes.com/2008/04/24/us/24bingo.html?_r=1&oref=slogin
After the Smoke Cleared, Where Did All the Bingo Players Go?
By STEPHANIE STROM
Banning smoking at charity bingo games may have health benefits, but it is proving harmful to earnings.
In Minnesota, which adopted a statewide ban on smoking in all indoor workplaces in October, revenue from all charity gambling dropped nearly 13 percent in the last quarter of 2007, compared to the same quarter the year before, according to state officials. More than half of the drop — the equivalent of about $100 million annually — was attributed to the new law, they said.
Charlie Lindstrom, who runs the bingo nights at an American Legion post in Fergus Falls, Minn., said some of his former customers now drove to casinos on Indian reservations, where they can puff away, or across the border to Fargo, N.D., where veterans’ organizations are exempt from that state’s smoking ban.
On a good night, Mr. Lindstrom said, bingo at the post used to attract 50 to 75 players. Nowadays it is more like 30 or 40.
“It’s had a profound effect on us here,” Mr. Lindstrom said. “We’ve sponsored several baseball teams here in the past, but we can’t give as much now because the smoking ban has really reduced our revenue.”
Mr. Lindstrom is not alone. Managers of charity bingo games in California, New Jersey, New York and Washington State also say their states’ smoking bans have forced cutbacks in their budgets and in their support for various causes.
Few believe they can cultivate new nonsmoking players. They say smoking goes with bingo like peanut butter with jelly. Michael J. Surwill, bingo chairman at Elks Lodge No. 2501 in Ocean Springs, Miss., estimated that smokers outnumbered nonsmokers three to one at the lodge’s weekly game.
Last year, his bingo game produced $23,000 that supported a shelter for abused women, a drug awareness program and a camp for young cancer survivors, Mr. Surwill said, adding, “I’m sure we wouldn’t raise nearly that much if we banned smoking.”
Veterans’ organizations like the American Legion, fraternal groups like the Shrine and Moose clubs, local drum and bugle corps and churches have long depended on revenue from gambling, though it has been on the decline — and not solely because of smoking. A proliferation of casinos on reservations, changes in state gambling regulations and, now, a faltering economy have all played a role.
Some advocates of smoking bans said the costs of smoking to the state in terms of public health and productivity greatly outweighed the losses to charity. And some argue that the revenues will return in over the long run.
“Around the country,” said State Representative Thomas Huntley, Democrat of Duluth and a chief sponsor of Minnesota’s Freedom to Breathe Act, “whenever places have put in smoking bans, there is a six-month period where there is a drop in business in bars and restaurants, which is where this gambling takes place, and after that, it starts to rebound.”
But bingo managers in states where bans on smoking have been in effect longer say nonsmokers cannot make up for the decline in revenues from smokers. Instead, they say, their industry has undergone a wave of forced consolidation.
“We actually benefited from it, but for the wrong reason — my competition was forced to close,” said Clyde Bock, bingo manager for the Ruth Dykeman Children’s Center in Seattle.
When Washington’s ban on smoking took effect in 2005, Mr. Bock was able to partially enclose a porch where bingo players could still smoke, and he got it approved as a separate facility. “It cost me $8,000, but it protected my customer base,” he said. “Other games weren’t so lucky.”
Still, revenues are down. In 2006, the bingo operation at the children’s center, which then belonged to Big Brothers Big Sisters, generated about $325,000 a year, after expenses, and employed 17 people. A year later, under the auspices of the center, it produced $150,000 and employed 13 people.
“People underestimate the impact smoking bans will have,” Mr. Bock said.
Washington used to be home to 100 bingo halls that raised money for charity. Now there are fewer than 20.
Bret Rios, director of operations for the Blue Devils, a nonprofit drum and bugle corps in Concord, Calif., says his organization, too, has felt the effects. “A lot of people who play bingo like to smoke,” Mr. Rios said
Bingo is the largest source of revenue for the Blue Devils, which operates musical groups that involve more than 500 children each year. In 2005, bingo provided $1.2 million for the organization’ s activities, covering more than half its costs.
Mr. Rios said bingo revenues were down about $10,000 a month since Contra Costa County imposed more stringent restrictions on smoking in 2006. Attendance at the nightly games has fallen to about 225 on average, compared to 300 or more before the ban took effect.
The Blue Devils had spent roughly $70,000 to create a specially ventilated separate room for smoking bingo players, which the county ordered closed under its new regulations. The organization replaced it with a covered patio in its parking lot, but smokers are not happy with it, Mr. Rios said.
“You’ve got to get up and down, up and down, to go out and smoke,” said Judy Aiello, 53, who has played bingo at the Blue Devils parlor for about 20 years.
Ms. Aiello said friends who used to play at the Concord center now went to American Indian-owned casinos or bingo parlors in the adjacent county, which has less stringent smoking restrictions than Contra Costa.
Ms. Aiello and other smokers also spoke of tensions between smokers and nonsmokers. Some nonsmoking bingo players have complained that the smell of smoke wafts in from outside, and the Blue Devils group was recently forced to place notices at entrances, reminding smokers that the county forbid them to light up within 20 yards of doorways.
“Why do all the nonsmokers have all the rights and the smokers have none?” said Rhonda Convino, 37, who smokes but has remained loyal to the Blue Devils games.
Mr. Rios said he felt caught between a rock and a hard place.
“I’m not a smoker, and I’m not fond of smoking,” he said. “I wouldn’t go to a place that smelled of smoke and spend a lot of time there. But they’ve gone way too far — you know, they’re even thinking about passing a law that would make it illegal to smoke in your own home.”
Told about that idea, Representative Huntley of Minnesota chuckled. “I don’t think I’ll take that idea up,” he said. “I’m still pulling the knives out of my back from the last time.”
Carolyn Marshall and Claudia Rowe contributed reporting.
After the Smoke Cleared, Where Did All the Bingo Players Go?
By STEPHANIE STROM
Banning smoking at charity bingo games may have health benefits, but it is proving harmful to earnings.
In Minnesota, which adopted a statewide ban on smoking in all indoor workplaces in October, revenue from all charity gambling dropped nearly 13 percent in the last quarter of 2007, compared to the same quarter the year before, according to state officials. More than half of the drop — the equivalent of about $100 million annually — was attributed to the new law, they said.
Charlie Lindstrom, who runs the bingo nights at an American Legion post in Fergus Falls, Minn., said some of his former customers now drove to casinos on Indian reservations, where they can puff away, or across the border to Fargo, N.D., where veterans’ organizations are exempt from that state’s smoking ban.
On a good night, Mr. Lindstrom said, bingo at the post used to attract 50 to 75 players. Nowadays it is more like 30 or 40.
“It’s had a profound effect on us here,” Mr. Lindstrom said. “We’ve sponsored several baseball teams here in the past, but we can’t give as much now because the smoking ban has really reduced our revenue.”
Mr. Lindstrom is not alone. Managers of charity bingo games in California, New Jersey, New York and Washington State also say their states’ smoking bans have forced cutbacks in their budgets and in their support for various causes.
Few believe they can cultivate new nonsmoking players. They say smoking goes with bingo like peanut butter with jelly. Michael J. Surwill, bingo chairman at Elks Lodge No. 2501 in Ocean Springs, Miss., estimated that smokers outnumbered nonsmokers three to one at the lodge’s weekly game.
Last year, his bingo game produced $23,000 that supported a shelter for abused women, a drug awareness program and a camp for young cancer survivors, Mr. Surwill said, adding, “I’m sure we wouldn’t raise nearly that much if we banned smoking.”
Veterans’ organizations like the American Legion, fraternal groups like the Shrine and Moose clubs, local drum and bugle corps and churches have long depended on revenue from gambling, though it has been on the decline — and not solely because of smoking. A proliferation of casinos on reservations, changes in state gambling regulations and, now, a faltering economy have all played a role.
Some advocates of smoking bans said the costs of smoking to the state in terms of public health and productivity greatly outweighed the losses to charity. And some argue that the revenues will return in over the long run.
“Around the country,” said State Representative Thomas Huntley, Democrat of Duluth and a chief sponsor of Minnesota’s Freedom to Breathe Act, “whenever places have put in smoking bans, there is a six-month period where there is a drop in business in bars and restaurants, which is where this gambling takes place, and after that, it starts to rebound.”
But bingo managers in states where bans on smoking have been in effect longer say nonsmokers cannot make up for the decline in revenues from smokers. Instead, they say, their industry has undergone a wave of forced consolidation.
“We actually benefited from it, but for the wrong reason — my competition was forced to close,” said Clyde Bock, bingo manager for the Ruth Dykeman Children’s Center in Seattle.
When Washington’s ban on smoking took effect in 2005, Mr. Bock was able to partially enclose a porch where bingo players could still smoke, and he got it approved as a separate facility. “It cost me $8,000, but it protected my customer base,” he said. “Other games weren’t so lucky.”
Still, revenues are down. In 2006, the bingo operation at the children’s center, which then belonged to Big Brothers Big Sisters, generated about $325,000 a year, after expenses, and employed 17 people. A year later, under the auspices of the center, it produced $150,000 and employed 13 people.
“People underestimate the impact smoking bans will have,” Mr. Bock said.
Washington used to be home to 100 bingo halls that raised money for charity. Now there are fewer than 20.
Bret Rios, director of operations for the Blue Devils, a nonprofit drum and bugle corps in Concord, Calif., says his organization, too, has felt the effects. “A lot of people who play bingo like to smoke,” Mr. Rios said
Bingo is the largest source of revenue for the Blue Devils, which operates musical groups that involve more than 500 children each year. In 2005, bingo provided $1.2 million for the organization’ s activities, covering more than half its costs.
Mr. Rios said bingo revenues were down about $10,000 a month since Contra Costa County imposed more stringent restrictions on smoking in 2006. Attendance at the nightly games has fallen to about 225 on average, compared to 300 or more before the ban took effect.
The Blue Devils had spent roughly $70,000 to create a specially ventilated separate room for smoking bingo players, which the county ordered closed under its new regulations. The organization replaced it with a covered patio in its parking lot, but smokers are not happy with it, Mr. Rios said.
“You’ve got to get up and down, up and down, to go out and smoke,” said Judy Aiello, 53, who has played bingo at the Blue Devils parlor for about 20 years.
Ms. Aiello said friends who used to play at the Concord center now went to American Indian-owned casinos or bingo parlors in the adjacent county, which has less stringent smoking restrictions than Contra Costa.
Ms. Aiello and other smokers also spoke of tensions between smokers and nonsmokers. Some nonsmoking bingo players have complained that the smell of smoke wafts in from outside, and the Blue Devils group was recently forced to place notices at entrances, reminding smokers that the county forbid them to light up within 20 yards of doorways.
“Why do all the nonsmokers have all the rights and the smokers have none?” said Rhonda Convino, 37, who smokes but has remained loyal to the Blue Devils games.
Mr. Rios said he felt caught between a rock and a hard place.
“I’m not a smoker, and I’m not fond of smoking,” he said. “I wouldn’t go to a place that smelled of smoke and spend a lot of time there. But they’ve gone way too far — you know, they’re even thinking about passing a law that would make it illegal to smoke in your own home.”
Told about that idea, Representative Huntley of Minnesota chuckled. “I don’t think I’ll take that idea up,” he said. “I’m still pulling the knives out of my back from the last time.”
Carolyn Marshall and Claudia Rowe contributed reporting.
Thursday, April 24, 2008
There has been a change of plans with Robert's interview on KTLK 100.3 FM. It will air TODAY (4-24-08) at 6:30 pm. Tune in.
Hello Eveyone,
To start off with, we would just like to THANK all of you that have sent in donations! The response has been just tremendous! We would also like to THANK all of you that have offered to help in some way! The donations and offers of help, shows the true spirit of our battle! Thanks to all of you again. We have a ways to go but are definitely on the right track! We can do this for all of us with all of your help!
Secondly, everything is going well with Robert's (Bullseye Saloon) "injunction" case. Wish I could say more but that wouldn't be too smart! As a reminder, Robert will be having a fund raiser at his place in Elko on May 3rd. He is working on his flyer and should have it out shortly. It will be posted on the www.freedomtoact.com website and his website www.bullseye-saloon.com. This (rescheduled Thursday) (24th), Robert will also be on the KTLK 100.3 FM radio station at 6:30pm....tune in and listen to what he has to say!
Other items of interest:
- April 28th is the court case against Tank's Bar in Chisholm. It is at 3:30 and Mark Benjamin will be representing Tank's. GO MARK!
- Don't forget to read the article "Whirlpool Suspends 39 Over Tobacco Use" on the www.freedomtoact.com website. There is a poll you can take when you click on the article. Here is the slippery slope folks, at what point will they stop interferring in our personal lives and literally taking our freedom of choice away? I'm afraid that they know NO bounds. I read an article in the Pioneer Press the other day about healthcare reform, one company out of Indainapolis wanted to charge employees $30 per pay period if they were over weight. Of course there was an uproar and so they backed off. But it is coming....for this is just the beginning of the "obesity" epidemic. And just think, THEY get to decide what "over weight" is....
- Below are some links with short summaries of some articles put out by Forces www.forces.org/ . This is a great organization and lots of good information is presented here, make sure you visit their website often as articles change regularly.
Damage 'much greater' than from passive smoking
http://forces.org/News_Portal/news_viewer.php?id=1040
An excerpt from this article (click on the above link to read the full article): The wars on drinkers, and on fat people, will grow ever more fanatical in our eugenically obsessed era, just as has the war on smokers. There will be thieving taxation, vilification campaigns, prohibitions, massive disruption of social currents, destruction of civility, social dignity, culture, and freedom. It has not stopped and it won't stop until it is forcibly stopped. Bruno Waterfield says we need to stand up to these people. We do indeed and we must be well armed when we do it.
Below are 3 links referenced in the above article. As I have told many people, "smoking" is just the tip of the iceburg. Obesity is on the agenda and so is alcohol. Read for yourselves below. Folks, this is real ........
"Europe to crack down on ‘passive drinking’, says leaked report"
Spiked Online article http://www.data-yard.net/10o3/spi.pdf
"World leaders plan 'guilt campaign' to persuade drinkers to reduce alcohol intake"
Daily Mail Article http://www.data-yard.net/10o3/mai.pdf
"The war on ‘passive drinking’ "
Telegraph article http://www.data-yard.net/10o3/tel.pdf
Again, we would just like to thank everyone for their involvement and if any of you legislators are reading this....we have not forgotten about you! You throw us a "smoke shack" as an amendment on a bill where it will just get stripped out in conference committee. Speaker Kelliher - do you think we are stupid? We know the only reason you let that amendment be heard was because you knew it would get stripped out in conference committee....we know your tricks legislators and that will not SAVE you legislators who voted against us. We elect you and then you take our freedoms and jobs away...what's up with that!! This November should be very interesting....I have 2 words to say "Jesse Ventura". Anything is POSSIBLE! There is a lot of time between now and November and "We the People" have a lot to say!
The show must go on!
Sheila, Mark and Robert
(P.S. We will just let the MDH think that there are only a hand full of bars doing theater nights...I know nothing!)
To start off with, we would just like to THANK all of you that have sent in donations! The response has been just tremendous! We would also like to THANK all of you that have offered to help in some way! The donations and offers of help, shows the true spirit of our battle! Thanks to all of you again. We have a ways to go but are definitely on the right track! We can do this for all of us with all of your help!
Secondly, everything is going well with Robert's (Bullseye Saloon) "injunction" case. Wish I could say more but that wouldn't be too smart! As a reminder, Robert will be having a fund raiser at his place in Elko on May 3rd. He is working on his flyer and should have it out shortly. It will be posted on the www.freedomtoact.com website and his website www.bullseye-saloon.com. This (rescheduled Thursday) (24th), Robert will also be on the KTLK 100.3 FM radio station at 6:30pm....tune in and listen to what he has to say!
Other items of interest:
- April 28th is the court case against Tank's Bar in Chisholm. It is at 3:30 and Mark Benjamin will be representing Tank's. GO MARK!
- Don't forget to read the article "Whirlpool Suspends 39 Over Tobacco Use" on the www.freedomtoact.com website. There is a poll you can take when you click on the article. Here is the slippery slope folks, at what point will they stop interferring in our personal lives and literally taking our freedom of choice away? I'm afraid that they know NO bounds. I read an article in the Pioneer Press the other day about healthcare reform, one company out of Indainapolis wanted to charge employees $30 per pay period if they were over weight. Of course there was an uproar and so they backed off. But it is coming....for this is just the beginning of the "obesity" epidemic. And just think, THEY get to decide what "over weight" is....
- Below are some links with short summaries of some articles put out by Forces www.forces.org/ . This is a great organization and lots of good information is presented here, make sure you visit their website often as articles change regularly.
Damage 'much greater' than from passive smoking
http://forces.org/News_Portal/news_viewer.php?id=1040
An excerpt from this article (click on the above link to read the full article): The wars on drinkers, and on fat people, will grow ever more fanatical in our eugenically obsessed era, just as has the war on smokers. There will be thieving taxation, vilification campaigns, prohibitions, massive disruption of social currents, destruction of civility, social dignity, culture, and freedom. It has not stopped and it won't stop until it is forcibly stopped. Bruno Waterfield says we need to stand up to these people. We do indeed and we must be well armed when we do it.
Below are 3 links referenced in the above article. As I have told many people, "smoking" is just the tip of the iceburg. Obesity is on the agenda and so is alcohol. Read for yourselves below. Folks, this is real ........
"Europe to crack down on ‘passive drinking’, says leaked report"
Spiked Online article http://www.data-yard.net/10o3/spi.pdf
"World leaders plan 'guilt campaign' to persuade drinkers to reduce alcohol intake"
Daily Mail Article http://www.data-yard.net/10o3/mai.pdf
"The war on ‘passive drinking’ "
Telegraph article http://www.data-yard.net/10o3/tel.pdf
Again, we would just like to thank everyone for their involvement and if any of you legislators are reading this....we have not forgotten about you! You throw us a "smoke shack" as an amendment on a bill where it will just get stripped out in conference committee. Speaker Kelliher - do you think we are stupid? We know the only reason you let that amendment be heard was because you knew it would get stripped out in conference committee....we know your tricks legislators and that will not SAVE you legislators who voted against us. We elect you and then you take our freedoms and jobs away...what's up with that!! This November should be very interesting....I have 2 words to say "Jesse Ventura". Anything is POSSIBLE! There is a lot of time between now and November and "We the People" have a lot to say!
The show must go on!
Sheila, Mark and Robert
(P.S. We will just let the MDH think that there are only a hand full of bars doing theater nights...I know nothing!)
Tuesday, April 22, 2008
List of Lobbyist(s) (AND SPENDING) For ClearWay Minn (fka MPAAT) 2007
List of Lobbyist(s) For ClearWay Minn (fka MPAAT)
January-May 2007 Lobbyist Disbursement Report
http://www.cfbreport.state.mn.us/pdfStorage/2007/Lobby/LD/P1/l_4820_7237.pdf
June-December 2007 Lobbyist Disbursement Report
http://www.cfbreport.state.mn.us/pdfStorage/2007/Lobby/LD/P2/l_4820_7237.pdf
January-May 2007 Lobbyist Disbursement Report
http://www.cfbreport.state.mn.us/pdfStorage/2007/Lobby/LD/P1/l_4820_7237.pdf
June-December 2007 Lobbyist Disbursement Report
http://www.cfbreport.state.mn.us/pdfStorage/2007/Lobby/LD/P2/l_4820_7237.pdf
Monday, April 21, 2008
Letter from Archie, who donated to Defense.of.Rights.com
http://defenseofrights.com
Dear Lia, Shelia, Robert and Mark:
God bless your good hearts for making a stand against a common enemy of free people.
I am sending a 100.00 donation to the T L to help out a little . I will try and raise some more, this is the ONLY chance good citizens have had in the 20 years that I have been involved to get a voice, You are all very brave people to risk everything for a word freedom to choose the best choice for your big investment.
Simple math over a million smokers in the state each giving what they can create a war chest. Our common enemy is heavily funded with access to legislative offices and many state agency offices. I see a huge drop of water with the potential to create a river, thanks to you.
Archie Anderson
Dear Lia, Shelia, Robert and Mark:
God bless your good hearts for making a stand against a common enemy of free people.
I am sending a 100.00 donation to the T L to help out a little . I will try and raise some more, this is the ONLY chance good citizens have had in the 20 years that I have been involved to get a voice, You are all very brave people to risk everything for a word freedom to choose the best choice for your big investment.
Simple math over a million smokers in the state each giving what they can create a war chest. Our common enemy is heavily funded with access to legislative offices and many state agency offices. I see a huge drop of water with the potential to create a river, thanks to you.
Archie Anderson
Subscribe to:
Posts (Atom)