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