Saturday, March 29, 2008
Friday, March 28, 2008
Post ASAP: Warning Alert - Theater Night
Indeed, there does seem to be a new development. We are getting reports from our participating bars that health inspectors are arriving in person at the bar, demanding to see the owner and presenting him/her with a document stating: (1) we believe you have been hosting Theater Night in your bar; (2) the MN Department of Health has determined that Theater Night in bars violates the state's smoking ban; and (3) by signing this document, you agree not to host Theater Night again and avoid the possiblity of being fined up to $10,000. They are also taking pictures for quote "evidence".I couldn't figure out why they were doing this at first, outside of sheer harassment and intimidation. But then I checked Minn. Stat. 144.99, Subd. 4 (administrative penalty orders) which gives the MDH the authority to issue fines. To issue a fine under the procedures outlined in Minn. Stat. 144.991, an adminstrative penalty order “must include”:
(1) a concise statement of the facts alleged to constitute a violation;
(2) a reference to the section of the statute, rule, variance, order, stipulation agreement, or term or condition of a permit that has been violated;
(3) a statement of the amount of the administrative penalty to be imposed and the factors upon which the penalty is based; and
(4) a statement of the person's right to review of the order.
(my emphasis.) It appears pretty clear to me that our dedicated public servants at the MDH have hit upon a way to enforce the smoking ban -- by getting unsuspecting bar owners to enter into a "stipulation agreement". This would be the hook by which a bar owner would expose himself or herself to legal enforcement by the MDH of the smoking ban.Because they don't got the law -- and they know it.That's why they have been going out en masse and in person to get quick signatures on these documents -- and catch us off guard. We are warning our people of what will happen if they sign it.The show goes on!-- Mark Benjamin
(1) a concise statement of the facts alleged to constitute a violation;
(2) a reference to the section of the statute, rule, variance, order, stipulation agreement, or term or condition of a permit that has been violated;
(3) a statement of the amount of the administrative penalty to be imposed and the factors upon which the penalty is based; and
(4) a statement of the person's right to review of the order.
(my emphasis.) It appears pretty clear to me that our dedicated public servants at the MDH have hit upon a way to enforce the smoking ban -- by getting unsuspecting bar owners to enter into a "stipulation agreement". This would be the hook by which a bar owner would expose himself or herself to legal enforcement by the MDH of the smoking ban.Because they don't got the law -- and they know it.That's why they have been going out en masse and in person to get quick signatures on these documents -- and catch us off guard. We are warning our people of what will happen if they sign it.The show goes on!-- Mark Benjamin
Alert! "Health Department" asking bar owners to sign "No Theater Night" document.
My comments: Make a note of date and time and always get a name. Public officials must identify themselves if they are claiming to be on public business.
Let them ask you to sign the paper and then ask them to mail. Let Shiela and/or Mark let you know if you receive or do not receive the document in a timely manner. There is a potential for "predatory enforcement" here. Greg Lang
Hi Everyone,
Just wanted to let you know of a new development. Two separate bar owners have notified Mark Benjamin that they were called by the Health Department. The Health Department said they had a document and were asking these bar owners to sign it. It said something to the effect that they would no longer hold any theater nights. We do not have a copy of the document. One of the bar owners told them to send it in the mail. If any of you are asked to sign this document, tell them that you want your attorney to review it first. Please notify myself or Mark if this happens to you.
Thanks much!
Sheila
Let them ask you to sign the paper and then ask them to mail. Let Shiela and/or Mark let you know if you receive or do not receive the document in a timely manner. There is a potential for "predatory enforcement" here. Greg Lang
Hi Everyone,
Just wanted to let you know of a new development. Two separate bar owners have notified Mark Benjamin that they were called by the Health Department. The Health Department said they had a document and were asking these bar owners to sign it. It said something to the effect that they would no longer hold any theater nights. We do not have a copy of the document. One of the bar owners told them to send it in the mail. If any of you are asked to sign this document, tell them that you want your attorney to review it first. Please notify myself or Mark if this happens to you.
Thanks much!
Sheila
Thursday, March 27, 2008
Theater Night Update 3-26-08
From: Sheila Kromer
Sent: Wednesday, March 26, 2008 10:04 PM
Subject: Theater Night Update 3-26-08
Hello Everyone,
Time for another update. As many of you probably already know, Sabin's Bar was ticketed this past Friday night and Mark will be representing them in court. We are looking forward to our day in court. Please take special note of the Fund raising effort that Kenn Rockler (Executive Director of Tavern League) and I have put together. It is to help Mark defray some of the out of pocket expenses he has incurred, as well as to hire an Administrative Law Attorney to help put a stop to the bullying tactics of the MDH. Just so everyone knows, there has NOT been a ruling by the Attorney General. I would like to encourage everyone to please write their elected officials and even include the governor. There will be "form" letters posted on the website soon that are easy to use if you so choose. I would also like to thank Greg Lang for the excellent job he is doing on his website http://www.freedomtoact.com/ . Greg has put a lot of time and effort in his website to help keep everyone informed and we owe him a debt of gratitude. Did you notice his new banner?
In addition to the items below, there are more posted on the website http://www.freedomtoact.com.....so/ so please make sure you visit it also. One last thing, THANK-YOU MARK BENJAMIN!!!
Sheila Kromer
(P.S. We are doing well with our theater nights. I will have our March numbers soon and they are looking good!)
Message From Mark Benjamin
After six weeks of Theater Night in Minnesota, we have a grand total of 3 petty misdemeanor tickets issued by law enforcement -- 2 in Babbitt and 1 in Chisholm -- none of which were issued by the Minnesota Department of Health. To date, the only thing that they have issued are verbal and written threats with no follow-up legal action.I welcome the tickets because we will finally get a chance at a court ruling on the legality of Theater Night. I intend to streamline the judicial process so as to get the earliest possible ruling. Here's how: (1) we will stipulate to the facts because there is no factual issue in dispute, namely, that there was smoking indoors in a public place during a "theatrical production"; (2) we will submit written memos of law to the presiding judge on the legal issue that is in dispute, namely, whether or not the "theatrical productions" exception to the state-wide smoking ban is applicable in any public indoor establishment (like Tank's and Sabin's bars) and not just at "respectable" theater establishments like the Guthrie or The Jungle; and (3) we will request a date for oral argument so that all Minnesotans can hear both sides on this important issue.As an aside, I have half a mind to subpoena the commissioner of the Department of Health, Dr. Magnan, and require her to produce the written legal opinion that her agency supposedly received prior to issuing the March 5 press release that declared Theater Night in Minnesota bars to be illegal. To date, she refuses to provide this document despite repeated requests from reporters.I look forward to our court hearing up on "da Range". It will be a bit of a homecoming for me. After my discharge from the Marines in 1986, I clerked for a district court judge in Hibbing and lived for a year in Chisholm.To those of you who continue to host Theater Night in your bars, I say keep the faith and stay strong! It is now only a matter of time before we tell the world that we are right and Dr. Magnan is wrong.Semper Fi,Mark BenjaminAttorney at Law
Fund Raising Effort
Will be posted soon on http://www.blogger.com/ website
On-Sale Chairman
Charles Senkler
Fabulous Ferns
Government Relations
MaryAnn Campo
Executive
Director
Kenn Rockler
March 25, 2008
This is an open letter to all individuals and businesses who are concerned with the erosion of our
civil rights, the harm being done to thousands of employees, hundreds of businesses, the State of Minnesota’s budget, and hundreds of charities throughout Minnesota. We are talking about the extreme downturn in business that is a direct result of The Freedom To Breathe Act (FTBA), which went into effect October 1, 2007. The evidence is now in and the facts are conclusive, this legislation is causing severe economic damage to the hospitality industry. It is clear that the FTBA is going to result in more jobs being lost than the closing of the Ford Plant and a merger between Northwest Airlines and Delta Airlines combined.
There are many people who fought against the bans but there is one person who has seized the opportunity to offer the industry the chance to re-open the issue at the Minnesota State Legislature. Attorney Mark Benjamin through his understanding of the Theatre Exemption provision in the FTBA, his willingness to assist bar owners in setting up their own theatre productions, and his willingness to defend (pro-bono) bar owners who are (have been cited) for using theatre nights in an attempt to save their businesses, has brought this issue to the attention of not only Minnesotans, but to people and the press from all over the world.
Mark is still working pro-bono and it is taking 110% of his time. In the meantime, he has incurred thousands of dollars in expenses in cell phone bills, travel expense, and office expense. This fight is for everyone who cares about our freedom as citizens, veterans, employees, and small businesses. We need to assist Mark in this fight. We are seeking your assistance to partially defer Mark’s expenses in this fight for all of our rights and for Mark to hire an administrative law attorney to address the unethical “bullying” tactics of the MDH. The Tavern League is setting up a dedicated fund to help in this fight. 100% of your donation will be going to Mark Benjamin’s Defense fund. None of this money is going to lobbying so it is 100% deductible and can be a personal or a business check. Please send your contributions whatever the amount you deem appropriate to the Tavern League at the above address. It doesn’t matter how small the amount you feel you can donate, this is everyone’s fight. Please include “Mark Benjamin’s Defense Fund” on the check.
We thank you sincerely for your contributions and your efforts in this fight.
Sheila Kromer Kenn Rockler
PBS: New show ....
(posted on http://www.blogger.com/ website - "Unnatural Causes: Is Inequality Making Us Sick?," )
http://www.blogger.com/
(PBS.org TV schedules: http://www.blogger.com/ Title: Unnatural Causes)
Eat right, exercise, don't smoke, inherit good genes and, conventional wisdom dictates, you gain the best measure of protection against illness.
Not so fast, argues a new PBS series.
"Unnatural Causes: Is Inequality Making Us Sick?," airing on four consecutive Thursdays beginning this week, explores the idea that work, race, economic status and neighborhood conditions may affect a person's health as much or more than habits or genetics.
Looking at communities in several states including Pennsylvania , the series examines why America ranks as the world's wealthiest nation and yet is 30th in life expectancy and 31st in infant mortality.
Among the intriguing questions "Unnatural Causes" probes: Why do poor Mexican immigrants see their health erode the longer they stay in America ? Why do poor smokers develop lung cancer more often than rich smokers? Why are some black and American Indian populations less likely to reach 65 than people from Bangladesh or Ghana ?
Improved housing, higher wages and more control on the job foster health as much as quitting smoking or eating well, according to a Harvard University epidemiologist quoted in the series. In other words, social policy may be crucial to a citizenry's physical well-being.
The first episode, airing 10 p.m. Thursday on WQED and titled "In Sickness and in Wealth," looks at the link between health and wealth through the lives of Louisville, Ky., residents, including a CEO, a lab supervisor, a janitor and a welfare mother.
PBS Description: Episode title: In Sickness And In Wealth
Episode description: This is a story about health, but it's not about doctors or drugs. Set mostly in Louisville , Kentucky , it's a detective story out to solve the mystery of what's stalking and killing so many Americans before their time. The program uncovers the connections between healthy bodies and healthy bank accounts - and why residents of so many other nations, including many poorer countries, live longer and healthier lives. Solutions, evidence suggests, may lie not in more pills but in more equality.
Episode guide: The connections between healthy bodies and healthy bank accounts are uncovered.
Mark Benjamin's Editorial in the Star & Tribune (3-23-08)
(Posted on http://www.blogger.com/ website)
Form Letters to Use for Senators and House Members (3-26-08)
(Will be posted soon on http://www.blogger.com/ website)
E-mail exchange with Senator Sheran (3-25-08)
(Posted on http://www.blogger.com/ website)
Sheila's Letter to House Member (3-26-08)
(Will be posted soon on http://www.blogger.com/ website) ( I also sent an identical letter to my Senator but changed it to Senate file SF3727)
KSTP Poll (3-26-08) (58% are against smoking bans i
http://www.surveyusa.com/client/PollReportPopup.aspx?g=67d97b88-f10f-48e7-a8b7-d99b2cbad8a7&q=39166
U of M reporter video at the Rock (3-26-08)
(Posted on http://www.blogger.com/ website)
Letter to the Editor (3-26-08)
(Will be posted soon on http://www.blogger.com/ website)
http://www.startribune.com/local/west/16929686.html
Bar patrons responding to smoking ban's tyranny.
If the intent of the Minnesota smoking ban was to improve indoor air quality, the law would have been written in terms of an air-quality standard and not a smoking ban.With their participation in "theater nights," bars are using the letter of the law to protest the spirit of the law behind the state's five-month-old indoor smoking ban. When the spirit of the law is tyranny, civil disobedience will surely follow.
LOWELL JOHNSON. BLOOMINGTON
Sent: Wednesday, March 26, 2008 10:04 PM
Subject: Theater Night Update 3-26-08
Hello Everyone,
Time for another update. As many of you probably already know, Sabin's Bar was ticketed this past Friday night and Mark will be representing them in court. We are looking forward to our day in court. Please take special note of the Fund raising effort that Kenn Rockler (Executive Director of Tavern League) and I have put together. It is to help Mark defray some of the out of pocket expenses he has incurred, as well as to hire an Administrative Law Attorney to help put a stop to the bullying tactics of the MDH. Just so everyone knows, there has NOT been a ruling by the Attorney General. I would like to encourage everyone to please write their elected officials and even include the governor. There will be "form" letters posted on the website soon that are easy to use if you so choose. I would also like to thank Greg Lang for the excellent job he is doing on his website http://www.freedomtoact.com/ . Greg has put a lot of time and effort in his website to help keep everyone informed and we owe him a debt of gratitude. Did you notice his new banner?
In addition to the items below, there are more posted on the website http://www.freedomtoact.com.....so/ so please make sure you visit it also. One last thing, THANK-YOU MARK BENJAMIN!!!
Sheila Kromer
(P.S. We are doing well with our theater nights. I will have our March numbers soon and they are looking good!)
Message From Mark Benjamin
After six weeks of Theater Night in Minnesota, we have a grand total of 3 petty misdemeanor tickets issued by law enforcement -- 2 in Babbitt and 1 in Chisholm -- none of which were issued by the Minnesota Department of Health. To date, the only thing that they have issued are verbal and written threats with no follow-up legal action.I welcome the tickets because we will finally get a chance at a court ruling on the legality of Theater Night. I intend to streamline the judicial process so as to get the earliest possible ruling. Here's how: (1) we will stipulate to the facts because there is no factual issue in dispute, namely, that there was smoking indoors in a public place during a "theatrical production"; (2) we will submit written memos of law to the presiding judge on the legal issue that is in dispute, namely, whether or not the "theatrical productions" exception to the state-wide smoking ban is applicable in any public indoor establishment (like Tank's and Sabin's bars) and not just at "respectable" theater establishments like the Guthrie or The Jungle; and (3) we will request a date for oral argument so that all Minnesotans can hear both sides on this important issue.As an aside, I have half a mind to subpoena the commissioner of the Department of Health, Dr. Magnan, and require her to produce the written legal opinion that her agency supposedly received prior to issuing the March 5 press release that declared Theater Night in Minnesota bars to be illegal. To date, she refuses to provide this document despite repeated requests from reporters.I look forward to our court hearing up on "da Range". It will be a bit of a homecoming for me. After my discharge from the Marines in 1986, I clerked for a district court judge in Hibbing and lived for a year in Chisholm.To those of you who continue to host Theater Night in your bars, I say keep the faith and stay strong! It is now only a matter of time before we tell the world that we are right and Dr. Magnan is wrong.Semper Fi,Mark BenjaminAttorney at Law
Fund Raising Effort
Will be posted soon on http://www.blogger.com/ website
On-Sale Chairman
Charles Senkler
Fabulous Ferns
Government Relations
MaryAnn Campo
Executive
Director
Kenn Rockler
March 25, 2008
This is an open letter to all individuals and businesses who are concerned with the erosion of our
civil rights, the harm being done to thousands of employees, hundreds of businesses, the State of Minnesota’s budget, and hundreds of charities throughout Minnesota. We are talking about the extreme downturn in business that is a direct result of The Freedom To Breathe Act (FTBA), which went into effect October 1, 2007. The evidence is now in and the facts are conclusive, this legislation is causing severe economic damage to the hospitality industry. It is clear that the FTBA is going to result in more jobs being lost than the closing of the Ford Plant and a merger between Northwest Airlines and Delta Airlines combined.
There are many people who fought against the bans but there is one person who has seized the opportunity to offer the industry the chance to re-open the issue at the Minnesota State Legislature. Attorney Mark Benjamin through his understanding of the Theatre Exemption provision in the FTBA, his willingness to assist bar owners in setting up their own theatre productions, and his willingness to defend (pro-bono) bar owners who are (have been cited) for using theatre nights in an attempt to save their businesses, has brought this issue to the attention of not only Minnesotans, but to people and the press from all over the world.
Mark is still working pro-bono and it is taking 110% of his time. In the meantime, he has incurred thousands of dollars in expenses in cell phone bills, travel expense, and office expense. This fight is for everyone who cares about our freedom as citizens, veterans, employees, and small businesses. We need to assist Mark in this fight. We are seeking your assistance to partially defer Mark’s expenses in this fight for all of our rights and for Mark to hire an administrative law attorney to address the unethical “bullying” tactics of the MDH. The Tavern League is setting up a dedicated fund to help in this fight. 100% of your donation will be going to Mark Benjamin’s Defense fund. None of this money is going to lobbying so it is 100% deductible and can be a personal or a business check. Please send your contributions whatever the amount you deem appropriate to the Tavern League at the above address. It doesn’t matter how small the amount you feel you can donate, this is everyone’s fight. Please include “Mark Benjamin’s Defense Fund” on the check.
We thank you sincerely for your contributions and your efforts in this fight.
Sheila Kromer Kenn Rockler
PBS: New show ....
(posted on http://www.blogger.com/ website - "Unnatural Causes: Is Inequality Making Us Sick?," )
http://www.blogger.com/
(PBS.org TV schedules: http://www.blogger.com/ Title: Unnatural Causes)
Eat right, exercise, don't smoke, inherit good genes and, conventional wisdom dictates, you gain the best measure of protection against illness.
Not so fast, argues a new PBS series.
"Unnatural Causes: Is Inequality Making Us Sick?," airing on four consecutive Thursdays beginning this week, explores the idea that work, race, economic status and neighborhood conditions may affect a person's health as much or more than habits or genetics.
Looking at communities in several states including Pennsylvania , the series examines why America ranks as the world's wealthiest nation and yet is 30th in life expectancy and 31st in infant mortality.
Among the intriguing questions "Unnatural Causes" probes: Why do poor Mexican immigrants see their health erode the longer they stay in America ? Why do poor smokers develop lung cancer more often than rich smokers? Why are some black and American Indian populations less likely to reach 65 than people from Bangladesh or Ghana ?
Improved housing, higher wages and more control on the job foster health as much as quitting smoking or eating well, according to a Harvard University epidemiologist quoted in the series. In other words, social policy may be crucial to a citizenry's physical well-being.
The first episode, airing 10 p.m. Thursday on WQED and titled "In Sickness and in Wealth," looks at the link between health and wealth through the lives of Louisville, Ky., residents, including a CEO, a lab supervisor, a janitor and a welfare mother.
PBS Description: Episode title: In Sickness And In Wealth
Episode description: This is a story about health, but it's not about doctors or drugs. Set mostly in Louisville , Kentucky , it's a detective story out to solve the mystery of what's stalking and killing so many Americans before their time. The program uncovers the connections between healthy bodies and healthy bank accounts - and why residents of so many other nations, including many poorer countries, live longer and healthier lives. Solutions, evidence suggests, may lie not in more pills but in more equality.
Episode guide: The connections between healthy bodies and healthy bank accounts are uncovered.
Mark Benjamin's Editorial in the Star & Tribune (3-23-08)
(Posted on http://www.blogger.com/ website)
Form Letters to Use for Senators and House Members (3-26-08)
(Will be posted soon on http://www.blogger.com/ website)
E-mail exchange with Senator Sheran (3-25-08)
(Posted on http://www.blogger.com/ website)
Sheila's Letter to House Member (3-26-08)
(Will be posted soon on http://www.blogger.com/ website) ( I also sent an identical letter to my Senator but changed it to Senate file SF3727)
KSTP Poll (3-26-08) (58% are against smoking bans i
http://www.surveyusa.com/client/PollReportPopup.aspx?g=67d97b88-f10f-48e7-a8b7-d99b2cbad8a7&q=39166
U of M reporter video at the Rock (3-26-08)
(Posted on http://www.blogger.com/ website)
Letter to the Editor (3-26-08)
(Will be posted soon on http://www.blogger.com/ website)
http://www.startribune.com/local/west/16929686.html
Bar patrons responding to smoking ban's tyranny.
If the intent of the Minnesota smoking ban was to improve indoor air quality, the law would have been written in terms of an air-quality standard and not a smoking ban.With their participation in "theater nights," bars are using the letter of the law to protest the spirit of the law behind the state's five-month-old indoor smoking ban. When the spirit of the law is tyranny, civil disobedience will surely follow.
LOWELL JOHNSON. BLOOMINGTON
Can we Post: How Ironic (hint: save ink by cutting and pasting text to notepad before printing.)
To: Sheila Kromer
Sent: Wednesday, March 19, 2008 7:39 PM
Subject: How Ironic
Sheila,
We couldn't help but notice when we paid our sales tax today, that in our Internet drop down menu the http://www.freedomtoact.com/ website was at the top, and the http://www.taxes.state.mn.us/ was pretty close to the bottom. We like whats happening here, and are glad to be a part of it. We will support theater nights 100%, ticket or no ticket. We posted the FreedomToAct website in our front window (the biggest one in town) five times with neon pink paper. To quote Mr. Mark Benjamin "Brave People are Free People". We also made copies of Marks response to our theater night threats, and posted them around the bar so our patrons know hes behind them too. Keep up the good work. Fyi, the police have not come back to our bar. We hope this is encouraging to everyone else that has been threatened.
Mike and Terri Horridge
Sabins Bar
2 W. Lake St.
Chisholm, MN 55719
218 254-2318
Sent: Wednesday, March 19, 2008 7:39 PM
Subject: How Ironic
Sheila,
We couldn't help but notice when we paid our sales tax today, that in our Internet drop down menu the http://www.freedomtoact.com/ website was at the top, and the http://www.taxes.state.mn.us/ was pretty close to the bottom. We like whats happening here, and are glad to be a part of it. We will support theater nights 100%, ticket or no ticket. We posted the FreedomToAct website in our front window (the biggest one in town) five times with neon pink paper. To quote Mr. Mark Benjamin "Brave People are Free People". We also made copies of Marks response to our theater night threats, and posted them around the bar so our patrons know hes behind them too. Keep up the good work. Fyi, the police have not come back to our bar. We hope this is encouraging to everyone else that has been threatened.
Mike and Terri Horridge
Sabins Bar
2 W. Lake St.
Chisholm, MN 55719
218 254-2318
Letter from Bird's Nest on smoke theater.
From: Sheila Kromer
To: slatrial@netscape.net
Sent: Wednesday, March 19, 2008 11:12 PM
Subject: Can We Post: Letter
----- Original Message -----
From: birdie johnson
To: sheila kromer
Sent: Wednesday, March 19, 2008 7:46 AM
Subject: Letter
Hi Sheila, I recieved the letter from the health dept. yesterday. I am continuing Theater Nights. My business is up only and because of it. Absolutely everyone that has come into my bar has made the statement that this whole ban smoking in bars is not right. I have had not one customer against it. Even the ones that don't smoke!!! My bartenders are making some tips again also, this has been especially hard on them. Also my distributors have said, nice to see business has picked up. This has had such a trickle down effect that I don't think most people have realized. Lets hope with all of us standing together we can make a change. Thanks for all your work! Birdie, from the Bird's Nest
To: slatrial@netscape.net
Sent: Wednesday, March 19, 2008 11:12 PM
Subject: Can We Post: Letter
----- Original Message -----
From: birdie johnson
To: sheila kromer
Sent: Wednesday, March 19, 2008 7:46 AM
Subject: Letter
Hi Sheila, I recieved the letter from the health dept. yesterday. I am continuing Theater Nights. My business is up only and because of it. Absolutely everyone that has come into my bar has made the statement that this whole ban smoking in bars is not right. I have had not one customer against it. Even the ones that don't smoke!!! My bartenders are making some tips again also, this has been especially hard on them. Also my distributors have said, nice to see business has picked up. This has had such a trickle down effect that I don't think most people have realized. Lets hope with all of us standing together we can make a change. Thanks for all your work! Birdie, from the Bird's Nest
Smoking in the theatre of the absurd
From: Sheila Kromer
To:
Cc: Mark Benjamin
Sent: Thursday, March 20, 2008 7:47 AM
Subject: Smoking in the theatre of the absurd
Hi,
My name is Sheila Kromer, owner of Barnacles Resort on the north end of Mille Lacs Lake in Minnesota. I just wanted to let you know that I thoroughly enjoyed your article, "Smoking in the theatre of the absurd" (http://www.advancetitan.com/story.aspx?s=6984). Your points were well made. We were the first bar that started theater nights with Mark Benjamin. Our theater nights are still going on and have helped our bottom line financially. Many small mom & pop bar owners are being devastated by the smoking ban that was put into place last October in Minnesota. We believed our legislators when they said that business would increase but that has not proven to be true. I would like to share my liquor sales tax numbers with you so you have an idea how this has impacted us. If you visit the website www.freedomtoact.com , you will find all types of information and stories from bar owners & others who have been affected by this ban. I caution Wisconsin to think this through...this type of devastation affects a lot of people and not just bar owners but vendors, distributors, the entertainment industry and so on.
Thank-you for your time,
Sheila Kromer
Barnacles Resort Numbers
Below are our %'s of loss or gain based on liquor sales tax. These numbers are based on comparing the same month, year to year.
Jan 06 compared to Jan 07 our liquor sales tax numbers increased +26%
Feb 06 compared to Jan 07 our our liquor sales tax numbers increased +58%
Dec 06 compared to Dec 07 our liquor sales tax numbers decreased -21.5%
Jan 07 compared to Jan 08 our liquor sales tax numbers decreased -26%
Feb 07compared to Feb 08 our liquor sales tax numbers decreased -2%
January is always our busiest month of the entire year. Weekends are always busier than weekdays by far.
We started theater nights on Feb 9th, a Saturday night. (unadvertised). There was 1 weekend in February that we did not have theater nights at all, 2 weekends that we only had it on Saturday nights, and 1 weekend that we had it on both Friday & Saturday nights.
Interesting numbers aren't they....did the quote "recession" take a vacation in February compared to January? These numbers can easily be vetted...I have nothing to hide.
Sheila Kromer
Barnacles
Smoking in the theatre of the absurd
by Max Davies, of the Advance Titan
A recent AP wire story in the Post-Crescent entitled “Theatre of the Absurd:...” could well be prophetic for Wisconsin bars should the anti-smoking lobby and legislators get a state-wide smoking ban in taverns approved. The article describes an exception in Minnesota’s smoking ban allows performers to smoke and use cigarettes as props. As enacted, “The smoking ban, passed by the Legislature last year, allows actors to light up in character during theatrical performances as long as patrons are notified in advance.” Actors in these bars enter through the actor’s entrance, pick up their prop ash tray and partake in a spontaneous production of what tavern owner Brian Bauman calls “Before the Ban.” Patrons are encouraged to dress up and act dramatically. Much of the impetus to exploiting Minnesota’s loophole evidently came from “Mark Benjamin, a lawyer who pushed bars to exploit the loophole.” This creative circumvention of the smoking ban has incensed lawmakers and the health Department, who are taking measures to impose fines up to $10,000 for such spontaneous drama. Such defiance should illustrate several important facts about human nature. The more restrictions put on human action, the more creative the human mind becomes at finding loopholes. Legislating morality about smoking is a dumb idea, regardless of the health benefits that might result. If life isn’t fundamentally absurd, it soon will be the way things are going. The main selling point is that it costs taxpayers money in several areas of significant amount. However, when Governor Doyle cannot manage to create a budget that doesn’t plunge Wisconsin citizens into a state-wide debt, it seems completely unjustified to pick on an industry that already gets heavily taxed, forced to pay out for prevention programs from its own product, and is also an unnecessary product which people choose to use. According to Carla Vigue, Office of the Governor, “In 1999, then-Attorney General Doyle negotiated a settlement with the tobacco companies that would have delivers $180 million annually to pay for anti-smoking efforts. Instead, it was used it to fill a one time budget hole.” Doyle thus showed his fiscal irresponsibility once, and he will only do so again with his new legislation. “The Governor’s new anti-smoking initiative will include a plan to partially restore this funding and ensure the money gets used the way it was originally intended. Over the next few weeks, the state will refinance the tobacco settlement bonds, securing a lump sum of $600 million that will be permanently locked away.” This isn’t to deny that there are serious health problems that can and do occur from smoking, but smoking is a choice, and as long as there are different community laws regarding smoking, we can and should let patrons decide where they want to go. To impose one uniform law limits a patron’s choice and takes away the rights of individual communities to work out their own answers. If a community complains that their businesses are losing money, then perhaps it is a good indicator that they made a wrong decision economically. Doyle’s coloration of this issue in a recent USA Today article as, “If the state doesn’t act, Minnesota’s ban and one that takes effect Jan. 1 in neighboring Illinois could make Wisconsin “the ashtray of the upper Midwest,” is a gross distortion of an issue that should be focused on freedom of choice. What might some of the unintended consequences of this resurgence of the theatre of the absurd? Perhaps the U.S. will have renewed interests in the works of Artaud, Camus, Absurdism, the Panic Movement and Surrealism. Or maybe after legal absinthe becomes more widespread we’ll realize French culture has so much more to offer the U.S. -for however much longer France remains French.
Turning back to the original idea of this article, what will happen when creative dissent hits on a way to show the hysteric efforts of lawmakers to tell people how to live? Human ingenuity will prevail.
To:
Cc: Mark Benjamin
Sent: Thursday, March 20, 2008 7:47 AM
Subject: Smoking in the theatre of the absurd
Hi,
My name is Sheila Kromer, owner of Barnacles Resort on the north end of Mille Lacs Lake in Minnesota. I just wanted to let you know that I thoroughly enjoyed your article, "Smoking in the theatre of the absurd" (http://www.advancetitan.com/story.aspx?s=6984). Your points were well made. We were the first bar that started theater nights with Mark Benjamin. Our theater nights are still going on and have helped our bottom line financially. Many small mom & pop bar owners are being devastated by the smoking ban that was put into place last October in Minnesota. We believed our legislators when they said that business would increase but that has not proven to be true. I would like to share my liquor sales tax numbers with you so you have an idea how this has impacted us. If you visit the website www.freedomtoact.com , you will find all types of information and stories from bar owners & others who have been affected by this ban. I caution Wisconsin to think this through...this type of devastation affects a lot of people and not just bar owners but vendors, distributors, the entertainment industry and so on.
Thank-you for your time,
Sheila Kromer
Barnacles Resort Numbers
Below are our %'s of loss or gain based on liquor sales tax. These numbers are based on comparing the same month, year to year.
Jan 06 compared to Jan 07 our liquor sales tax numbers increased +26%
Feb 06 compared to Jan 07 our our liquor sales tax numbers increased +58%
Dec 06 compared to Dec 07 our liquor sales tax numbers decreased -21.5%
Jan 07 compared to Jan 08 our liquor sales tax numbers decreased -26%
Feb 07compared to Feb 08 our liquor sales tax numbers decreased -2%
January is always our busiest month of the entire year. Weekends are always busier than weekdays by far.
We started theater nights on Feb 9th, a Saturday night. (unadvertised). There was 1 weekend in February that we did not have theater nights at all, 2 weekends that we only had it on Saturday nights, and 1 weekend that we had it on both Friday & Saturday nights.
Interesting numbers aren't they....did the quote "recession" take a vacation in February compared to January? These numbers can easily be vetted...I have nothing to hide.
Sheila Kromer
Barnacles
Smoking in the theatre of the absurd
by Max Davies, of the Advance Titan
A recent AP wire story in the Post-Crescent entitled “Theatre of the Absurd:...” could well be prophetic for Wisconsin bars should the anti-smoking lobby and legislators get a state-wide smoking ban in taverns approved. The article describes an exception in Minnesota’s smoking ban allows performers to smoke and use cigarettes as props. As enacted, “The smoking ban, passed by the Legislature last year, allows actors to light up in character during theatrical performances as long as patrons are notified in advance.” Actors in these bars enter through the actor’s entrance, pick up their prop ash tray and partake in a spontaneous production of what tavern owner Brian Bauman calls “Before the Ban.” Patrons are encouraged to dress up and act dramatically. Much of the impetus to exploiting Minnesota’s loophole evidently came from “Mark Benjamin, a lawyer who pushed bars to exploit the loophole.” This creative circumvention of the smoking ban has incensed lawmakers and the health Department, who are taking measures to impose fines up to $10,000 for such spontaneous drama. Such defiance should illustrate several important facts about human nature. The more restrictions put on human action, the more creative the human mind becomes at finding loopholes. Legislating morality about smoking is a dumb idea, regardless of the health benefits that might result. If life isn’t fundamentally absurd, it soon will be the way things are going. The main selling point is that it costs taxpayers money in several areas of significant amount. However, when Governor Doyle cannot manage to create a budget that doesn’t plunge Wisconsin citizens into a state-wide debt, it seems completely unjustified to pick on an industry that already gets heavily taxed, forced to pay out for prevention programs from its own product, and is also an unnecessary product which people choose to use. According to Carla Vigue, Office of the Governor, “In 1999, then-Attorney General Doyle negotiated a settlement with the tobacco companies that would have delivers $180 million annually to pay for anti-smoking efforts. Instead, it was used it to fill a one time budget hole.” Doyle thus showed his fiscal irresponsibility once, and he will only do so again with his new legislation. “The Governor’s new anti-smoking initiative will include a plan to partially restore this funding and ensure the money gets used the way it was originally intended. Over the next few weeks, the state will refinance the tobacco settlement bonds, securing a lump sum of $600 million that will be permanently locked away.” This isn’t to deny that there are serious health problems that can and do occur from smoking, but smoking is a choice, and as long as there are different community laws regarding smoking, we can and should let patrons decide where they want to go. To impose one uniform law limits a patron’s choice and takes away the rights of individual communities to work out their own answers. If a community complains that their businesses are losing money, then perhaps it is a good indicator that they made a wrong decision economically. Doyle’s coloration of this issue in a recent USA Today article as, “If the state doesn’t act, Minnesota’s ban and one that takes effect Jan. 1 in neighboring Illinois could make Wisconsin “the ashtray of the upper Midwest,” is a gross distortion of an issue that should be focused on freedom of choice. What might some of the unintended consequences of this resurgence of the theatre of the absurd? Perhaps the U.S. will have renewed interests in the works of Artaud, Camus, Absurdism, the Panic Movement and Surrealism. Or maybe after legal absinthe becomes more widespread we’ll realize French culture has so much more to offer the U.S. -for however much longer France remains French.
Turning back to the original idea of this article, what will happen when creative dissent hits on a way to show the hysteric efforts of lawmakers to tell people how to live? Human ingenuity will prevail.
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