Subject: PRESS RELEASE; Ticket is issued in Babbitt MN for "Theater Night" violation of smoking ban

Tanks Bar
2 Alder Rd
Babbitt, MN 55706
218-827-2302
(Issued ticket)

From: Mark Benjamin

Sent: Friday, March 14, 2008 10:10 PM
Subject: PRESS RELEASE; Ticket is issued in Babbitt MN for "Theater Night" violation of smoking ban
MARK W. BENJAMINCriminal Defense, P.A.237 Second Avenue SW, Suite 111Cambridge, MN 55008763-691-0900 (office)763-670-9664 (mobile)
Press Release
Finally! A ticket is issued to a brave Minnesota bar owner hosting Theater Night – and Mark Benjamin will request a court trial at the earliest possible date to test the legality of the “theatrical productions” exception to the state-wide smoking ban.
Friday, March 14, 2008. This afternoon Chief of Police Terry Switajewski drove out to Tank’s Bar located at 14 Alder Road in the City of Babbitt and issued a ticket to the owner, Thomas Marinaro. The crime? Smoking in violation of Minnesota’s state-wide smoking ban. Mr. Marinaro’s reaction? He lit up another cigarette, put his ticket in a frame and proudly hung it on the wall.
Independent and free Iron Ranger that he is, Mr. Marinaro said he will continue hosting Theater Night in his bar even if tickets rain down like confetti. He contacted Mark Benjamin this afternoon and an agreement was made for Mr. Benjamin to represent him free of charge.
The first court appearance is set for Friday, April 4, 2008 at 8:30 a.m. However, Mr. Benjamin will waive that hearing and request a court trial at the earliest possible date. He will bring a motion to dismiss prior to trial, arguing that the “theatrical productions” exception is unconstitutionally vague. “It is time for the rest of the state to find out what the Department of Health already knows, namely, that Minnesota’s smoking ban is unenforceable,” said Benjamin.
The City Attorney representing Babbitt is Michael K. Kearney of Colosimo, Patchin, Kearney, Brunfelt, Ltd. located at Law Center Building, 301 Chestnut Street, Virginia, MN 55792. He can be reached at (218) 741-4500.
The Babbitt Village Police Department is located at 71 South Drive, Babbitt, MN 55706. Police Chief Switajewski can be reached at (218) 827-2441.