Can We Post: Mark's Response to Sabin's Threat

Originial letter from Sabins below reply from lawyer Mark Benjamin
From: Mark Benjamin
To: Terry Horridge
Sent: Tuesday, March 18, 2008 11:16 AM
Subject: RE: Theater night threats
Hi Mike and Terri --Thanks for you email. I'm glad that Theater Night has helped turn your business around.Unfortunately we have noticed a trend lately from the state. Rather than simply enforce the law (police issuing tickets, MDH filing administrative penalty letters) the state is threatening to enforce the law, creating fear, confusion and intimidation.But brave people are free people. I will back you and your patrons one hundred percent. Make sure everyone knows that if the cops come tonight and issue tickets, I will represent each one of you for free.My goal is to get this matter into court as early as possible and get a legal ruling as to the constitutionality of Theater Night. In that sense, the police would be doing us a favor by issuing tickets.God bless you both and Act Now!-- Mark W. BenjaminAttorney at LawCriminal Defense, P.A.237 Second Avenue SW, Suite 111Cambridge, MN 55008763-691-0900 (office)763-670-9664 (mobile)
Subject: Theater night threatsDate: Mon, 17 Mar 2008 20:56:00 -0500

Sheila and Mark,

My husband and I own Sabins bar in Chisholm, on the iron range. We started hosting theater nights 3 weeks ago, with the assistance of Doug Fochi from the Sports Palace in Virginia. We are the only ones in a town with 9 bars that has been hosting them. Our business increased immediately, and has been up ever since. Instead of laying off a bartender, and reducing our hours we were able to hire another one. The Chisholm police were just here and we were told that if we do not stop our patrons from smoking that they will issue us a ticket, our patrons tickets, as well as our bartender. The officer said that this is coming from the chief of police, and the health department who them they have to enforce the smoking ban. The officer said they will be back tonignt, and keep coming back until we stop. At the time the police arrived, there were about 40 patrons here. There are now 9 people at the bar. We are having a St Patricks day celebration tonight, and have even hired a band. I would like to point out that before the smoking ban we were doing just fine. As soon as the smoking ban took effect on Oct 1, our income from the bar dropped by about 60 percent, and we started having trouble paying the bills. Not only did the law put our business in a tailspin, it also made it virtually worthless. Who would want to invest in a bar now?? We dont want to break the law, and if we thought we were, we would not be hosting theater nights. As I'm sure most bar owners on the iron range would agree, we never expected to get rich, we just want to make a living. I would like to thank you and Mark Benjamin for everything you have done, and know that we intend to continue with theater nights as long as we can.

Kind Regards,

Mike and Terri Horridge
Sabins Bar
2 West Lake St.
Chisholm MN 55719
218-254-2153
thorridge@fnbcnet.com