Minnesota Smoking Ban -- Theater Night -- One Year Later

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

Theater Night – One Year Later – Celebration at Barnacle’s Resort on Saturday at 8:00 p.m.

One year ago on Saturday Evening, February 9^th, Minnesota smokers fought back, lit up and acted out.  Exploiting a little-known “theatrical performances” exception to the Freedom to Breathe Act, patrons of Barnacle’s Resort and Campground became actors for the evening and smoked cigarettes indoors – legally.  Minnesota’s first “Theater Night” was a smashing commercial success and received both rave and ranting reviews.

This was the culmination of a 3-month search to test Mr. Benjamin’s legal theory, namely, that the language of the “theatrical performances” exception to the smoking ban was broad enough to cover improvisational plays in bars, not just playhouses.  Jim and Sheila Kromer – the owners of Barnacles Resort & Campground – agreed to host the first Theater Night.

News spread fast and soon over one hundred Minnesota bars were hosting their own versions of Theater Night. Despite the looming recession, many bar owners happily reported that their revenues immediately bounced back to pre-smoking-ban levels.  Waitresses and bartenders were once again flush with tips and the future looked bright. Three weeks later, the Minnesota Department of Health weighed in and declared that any smoking during theatrical performances in bars violated the smoking ban.  The Department filed lawsuits against several bars.  Faced with dire threats of more lawsuits and liquor license reviews, many bars discontinued hosting Theater Night.

However, Tom Marinaro of Tank’s Bar in Babbitt, Minnesota went to court and claimed that he was engaged in a legal activity – putting on improvisational plays, allowing patrons to sign up as actors and smoke as part of their theatrical performance.  The court ruled against Mr. Marinaro but he has appealed.  As of this press release, all briefs have been filed with the Minnesota Court of Appeals and we await a date for oral arguments.

In the meantime, we will rejoice in our liberties and take a moment to recognize Jim and Sheila Kromer.  Our celebration kicks off at 8:00 p.m. and the band starts playing at 9:00 p.m.  All freedom-loving Americans are invited.

Barnacle’s Resort & Campground is located at 36569 State Highway 18, Aitkin, MN 56431 and can be reached at (218) 678-3122.  Their website is:  www.barnaclesresort.com.

Our show goes on.