Friday, May 2, 2008

Legal Fundraiser this Saturday in Defense of Theater Night in Minnesota.

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

Legal Fundraiser this Saturday in Defense of Theater Night in Minnesota.

Bullseye Saloon will be hosting a Smokers’ Rights Rally on Saturday, May 3rd. Live music will be provided by “4-on-the-floor”, a classic rock/blues band, from 4:00 to 8:00 p.m. with DJ “Garth” to follow leading everyone in karaoke from 9:00 p.m. to 2:00 a.m.

Sheila Kromer, owner of Barnacles Resort (where Theater Night first appeared) will speak and the microphone will be open to all others who want to vent their frustrations over the state-wide smoking ban.

Everyone is asked to donate money to Robert Ripley, owner of Bullseye Saloon, for his legal expenses incurred in his fight against the Minnesota Department of Health.

Bullseye Saloon is located in Downtown Elko, one block from the Elko Speedway. Telephone number is 952-461-3466.

Our show goes on.

Looks like the MDH has been busy again.

Hello Everyone -

Time for another update! Looks like the MDH has been busy again. Don't these people have anything better to do besides intimidation and harassment? I wonder if that is in their job description! Seriously, let a court of law decide on the legality of theater nights...what are they afraid of that they can't wait until Tuesday's court date? (I think I know!) Also, we're making progress on the Defense Fund...please keep the donations coming!

On With the Show !
Sheila, Mark, Robert

- Reminder

Smoker's Right Rally at Bullseye Saloon this Saturday, May 3rd. Come join the party and support Robert Ripley and the Defense Fund! Several theater night hosts (from across the state) will be there to show support!



- Shawn's New website. You can donate here for the defense fund using a credit card. Also listen to Robert Ripley's interview with Jason Lewis on KTLK 100.3 (Thank-you Shawn!)

http://freedomfight08.com/



- Thank -you

A huge thanks goes out to all that have donated including our friends in Washington, Texas, Oregon, Pennsylvania, and Illinois.


- Upcoming Court Dates (open to the Public...that's US!)

May 6th at 9:00 A.M. : Injunction Hearing of State of Minnesota v. Robert Ripley (Bullseye Saloon) at the Scott County Courthouse, 200 4th Ave. West, Shakopee, MN

MAY 23, 2008 AT 1:00 P.M.: Smoking Ban court trial of State of Minnesota v. Tom Marinaro at the St. Louis County Courthouse in Virginia, Minnesota.

- Article for Nite Times Magazine (by Sheila Kromer)

"Freedom? where? "
Where are our personal freedoms and choices going? First, a ban on smoking started in airplanes and now it has extended to private businesses, parks, multi-unit dwellings, cars with children, sidewalks and now whole cities (Burbank, CA). Where will end? Good question! It is a global infestation of epidemic proportions on our freedoms and choices. California is a leader in this epidemic, no surprise there I guess. Did you know that our esteemed representative Severson is from California? Did you know that he was also a sponsor of the FTBA bill? I couldn't tell you how many times I heard him say during the debate last year, “Your rights stop at the end of my nose”! Did I miss something, is that written in the constitution somewhere? How about this Mr. Severson…Go back to California and take your nose with you! I’m sure you would love living in Burbank!

Now everyone has heard of the slippery slope…right. Then you all know that both obesity and alcohol are on the agenda next. Regarding alcohol, have you read the latest about “interlocking devices”? First it started off with repeat DUI offenders having interlocking devices and now it is progressed to 1st time offenders (New Mexico). Do you think it will stop there? Absolutely not, MADD is lobbying for interlocking devices on ALL vehicles for everybody and hopes to accomplish this in 10 years. Want to read more…see the article, “Mothers Against Drunk Driving President: More To Be Done To Prevent Deaths” at http://www.tylerpaper.com:80/article/20080420/NEWS01/804200316. Additionally, I recently watched a TV show where Japan is working on these type cars and they actually showed a “prototype” of the car and how the device works. You know MADD is very ambitious, they not only want these devices installed on all vehicles at the factory but they are also lobbying for sobriety check points in every state. It just never ends does it!

In addition to the smoking and alcohol campaigns, there is the recent campaign that has just started against the “over weight” (I dislike the term obese). Remember the legislator in Mississippi that introduced the bill this session to “ban fat people from restaurants”. Or how about what the UK is currently doing to parents, taking their children away because the “powers to be” feel they are over weight and thus charge the parents with child abuse. Or how about what some of our legislators are currently proposing, monitoring our children’s BMI through schools and keeping a database. I hate to think about what they will do with that data!

People it is time to act before it is too late. It is time to band together for all of our sakes.

Remember this:

They came for the smokers and I didn’t say anything because I didn’t smoke.

They came for the obese and I didn’t say anything because I wasn’t overweight.

They came for the drinkers and I didn’t say anything because I didn’t drink.

Then they came for me and I screamed for help but there wasn’t anybody left to help!



Think about it. Think about it real hard at election time this November. We can change the direction that this state is taking and then we can start working on the cities and counties! We can start with the smoking ban and move forward from there. What it boils down to is our freedoms and choices…it’s as simple as that!



If you would like to help:



1) Contact your legislators and let them know what you think.

2) Donate to the defense fund raising effort for Bullseye Saloon (see www.freedomtoact.com or http://freedomfight08.com/)

Wednesday, April 30, 2008

Press Release: NEW COURT DATE SET FOR FRIDAY, MAY 23, 2008 AT 1:00 P.M.:

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 SET FOR FRIDAY, MAY 23, 2008 AT 1:00 P.M.: Smoking Ban court trial of State of Minnesota v. Tom Marinaro at the St. Louis County Courthouse in Virginia, Minnesota.

The prosecutor and defense attorney spoke with St. Louis County District Court Judge James Florey today and set a court trial date of May 23rd at 1:00 p.m. The trial will take approximately one to two hours.

Our show goes on.

Monday, April 28, 2008

Monday Updates from Sheila

Hello Everyone -

If you haven't visited the www.freedomtoact.com website lately, here is an update from Mark Benjamin:

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.



Attached is Robert Ripley's flyer regarding the upcoming Smoker's Right's Rally (fund raiser) at Bullseye Saloon on May 3rd. If you cannot open the attachment, visit Robert's website www.bullseye-saloon.com and click on "Event Calendar". http://www.bullseye-saloon.com/events.htm You will note on his flyer that there will be entertainment by a band called “4-ON-THE-FLOOR” , Bill Travers and his band members graciously offered to play to support the cause. Please come out and hear them play....and THANK YOU BILL and BAND MEMBERS for your support. Bar owners - I would encourage you to keep this band in mind for any of your future bookings as I certainly will. In addition, we would ask your help in either posting this flyer in your establishment or just passing it out....the more the merrier at this event!! What do you say.....let's make it the biggest EVENT of the year!!!

Just to let you know, ABC 20/20 is still planning on coming out to do more filming. Not sure when but I will keep you posted. Additionally, remember to keep those video devices on the ready just in case the "Gestapo" decides to visit, 20/20 would be interested in the video if this happens.

Huge thanks to all that have helped:

"4-ON-THE-FLOOR" Band
Force's (check out their new posting http://forces.org/News_Portal/news_viewer.php?id=1055 )
Tavern League of Minnesota (www.tavernleaguemn.org)
Greg Lang (owner of the www.freedomtoact.com website)
Mark Benjamin
Robert Ripley (Bullseye Saloon)
Tom & Marie (Tanks Bar in Babbitt)
Mike & Terri (Sabin's Bar in Chisholm)
Brian Bauman (Rock Night Club in Maplewood)
Bob Pobul (NiteTimes Magazine)
All the other Bar Owners (too numerous to list them all and I don't want to give you away)
And to all you WONDERFUL people for your support.

I remember last year sitting in one of the committee hearing's on the smoking ban bill, a Senator was speaking for the ban. She was quite frustrated because her college age son started smoking. She voiced her opinion that this ban was a good thing because then her son might consider kicking the habit if he couldn't smoke in a bar. I remember getting very angry about her comments and thought this was irresponsible of her and actually quite selfish. Why should bars be held responsible for helping her son to quit smoking? Is that not her responsibility as well as her son's? Apparently, the cost of businesses and employees jobs is a small price to pay for her selfishness. I know that for myself, I don't feel that our establishment should be considered a "smoking cessation" tool and I guess I was naive to think that we elect our officials to represent us "We the people"and not their own personal agenda. Oh well, what a fool I am! But NO MORE!

Break a leg!

Sheila