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
REMINDER – Theater Night – Oral Arguments at Court of Appeals – April 16th at 10:40 a.m. in Duluth.
This Thursday morning, April 16th at 10:40 a.m., at the St. Louis County Courthouse, 100 North Fifth Avenue West, Mark Benjamin will argue before the Minnesota Court of Appeals on behalf of his client Tom Marinaro, owner of Tank’s Bar in Babbitt, Minnesota.
Factual Background. On the afternoon of March 14, 2008, Mr. Marinaro received a citation for violating Minnesota’s smoking ban, even though his bar was participating in “Theater Night” at the time. Mr. Marinaro demanded a court trial and claimed he was innocent, given that the ban allows smoking during “theatrical performances” by “actors” and “actresses”. This exception provides no guidance, standards or restrictions on what constitutes a “theatrical performance”. Mr. Marinaro, a former steel worker, put on the best play he could and claimed that smoking in his bar was legal as long as the play was being performed. The trial court disagreed and fined him $300. Mr. Marinaro appealed.
Legislative Background. In the closing days of the 2007 legislative session, a conference committee was formed to iron out differences between the House and Senate versions of the smoking ban. Rep. Tom Huntley of Duluth – as a favor to the Guthrie Theater – introduced a “theatrical performances” exception in the committee. One of the legislators warned that the exception’s language was broad enough to allow acting (and smoking) in bars, not just playhouses. He was greeted with laughter and the new exception was voted in as written.
Theater Night Background. The first Theater Night was performed on February 9, 2008 (3 days before the new legislative session) at Barnacles Bar in Aitkin. Within three weeks, approximately 100 bars across Minnesota were hosting their own versions of Theater Night. Despite this, the legislature refused to limit or clarify the language of the “theatrical performances” exception. The Department of Health cracked down on several bars with administrative penalties. Nobody appealed these actions and Theater Night seemed doomed.
Our Goal. We hope the MN Court of Appeals will properly rule that the legislature shirked its duty to define its terms and declare that Mr. Marinaro comported his conduct within the admittedly broad language of the “theatrical performances” exception. Bar owners are hoping for a favorable ruling so their businesses and employees’ jobs can be saved. We ask the legislature to examine the law and provide reasonable accommodations for our blue collar bar owners and veterans clubs – just as it did for the Guthrie.
Our show goes on.
1 comment:
Any tax exempt "charity " that has become a political action committee that, instead of doing research and educating, their primary function, now spends huge sums of money to hire lobbyists and lawyers to make laws using GESTAPO tactics using LAW ENFORCEMENT, THREATS, INTIMIDITATION, , and SNITCHING to FORCE people to OBEY their guidelines will get NO DONATIONS from me, Since becoming political action commitees, I wonder why the IRS doesn't get involved. Contributions to PACs are NOT tax deductable. All my donations are going to local events and groups that depend on local businesses and bingo halls, that the bans are affecting, for their support, Here are the groups taking that money away from them, all fed by big pharma through their Robert Wood Johnson Foundation. "Thank you American Cancer Society. We never knew all you do".
www.no-smoke.org/pdf/CIA_Fundamentals.pdf
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