Threats is all they have because they're trying not to push too far

Greg - Can you post this entire e-mail. I do not want anything said to be taken out of context. Tom is "not afraid or ashamed of anything " he says and granted me permission to post his reply. Below is an e-mail that I sent out and Tom's response to my e-mail. Thanks much Sheila ----- Original Message ----- From: "Thomas Funari" <hdiver @ divertunes.com> To: "Sheila Kromer" <sheiladk @ comcast.net> Sent: Friday, March 14, 2008 8:26 AM Subject: Re: Theater Update 3-14-08 >

Threats is all they have because they're trying not to push too far > too fast in ways that can be debunked rather quickly. I have been > told by my senator that the ban proponents are scurrying around the > floor like chickens with their heads cut off. He's apparently > finding the whole situation highly amusing from the tone of the email > I got from him. They're afraid to simply open the FTBA to amend it > because they don't think that they have the votes to amend it and > pass it, quite the opposite, they're afraid there are enough votes to > repeal the ban should they move to open it. As a result, the > proponents are trying to get the MDH and the cities to do their dirty > work for them in the form of threats and intimidation. > > They don't want to open the ban and they don't want one of these > cases in court too quickly. They're waiting for the election to see > if they fill more seats with ban supporters before they try to open > the ban. They're hoping that the "heavy-handed enforcement" will be > enough of a deterent that they may not need to re-open the FTBA when > it all comes down to it. > > I would be interested in the legal ramifications on the city > regarding this type of enforcement. It's now hugely public what has > happened and it is my thought that this is tantamount to blackmail > from the city to force the nightclub to cease and desist a legal > activity by holding their liquor license over their head. I think > this is why there's been no comment from the city attorney, they > don't want to go on record that this is the truth. They most likely > plan to cite something else as the reason for pulling the liquor > license. > >

This is not the America that we believe in. This is not the America > that our brave men and women in the military have risked their lives > for. This is not the America for which my grandfather bore the > burdens of the demons which haunted him following his survival in the > attack on Pearl Harbor. > >> Everyone - Here is an article about what happened to the Rock Night Club. >> This article has hit all the papers and is spreading rapidly. What >> appears >> to be going on here is simply an "abuse of power".

Since the MDH couldn't >> scare us off...they are attacking the cities instead. Note that the city >> attorney couldn't be reached for comment...I wonder why. Will other >> cities >> cave? Let's hope they have some backbone and do not cave. One question to >> ask yourself, is why does the MDH just not issue a violation letter so we >> can take it to court? How long has it been anyways. Is it because they >> have nothing but THREATS to issue? We are continuing to investigate this >> matter but it takes time...we will let all of you know what we find out. >> In the mean time, if you hear of anything in your area let us know >> immediately. I have contacted my legislators about this matter and I >> would >> suggest that everyone else does too! Theatrical exemptions are >> legal...why all the threats??? If it was truly "illegal" why not a court >> of law instead of the threats? >> >> We at Barnacles will go on with the show! >> >>

Sheila >> >> >> >> Posted on Fri, Mar. 14, 2008 >> >> >> >> At One Minnesota Bar, the Show's Over >> GREGG AAMOT >> >> The Associated Press >> >> MINNEAPOLIS - The show won't go on at The Rock, a hard-rock and heavy >> metal bar in suburban Maplewood that has been staging faux theatrical >> productions to get around Minnesota's smoking ban. >> >> Owner Brian Bauman said the city attorney paid him a visit on Wednesday >> and told him The Rock's liquor license could be reconsidered by the City >> Council if the bar keeps up the acts. >> >> "He told me we need to cease what we're doing out here immediately," >> Bauman said. >> >> The Rock is one of about three dozen bars in Minnesota that began staging >> the fake productions to exploit a loophole in the law , which went into >> effect Oct. 1 , that exempts performers in theatrical productions. The >> state Health Department got wind of the shows and announced last week >> that >> it would begin cracking down on "theater nights" with fines of as much as >> $10,000. >> >> A few bars have encouraged their patrons to dress in costume and attempt >> a >> little improvisation. Others, like The Rock, have done little more than >> print cheap playbills to tack over the entrance, listing the patrons as >> "actors" who are then entitled to smoke. >> >> Several reported a boost in business since they began allowing smoking >> again. >> >> Maplewood City Attorney Alan Kantrud did not immediately respond Thursday >> to an Associated Press call seeking comment. >> >> John Stieger, a spokesman for the Health Department, said Thursday the >> agency didn't know how many bars had stopped putting on theater nights >> since the threatened crackdown. He said the agency hoped a combination of >> local law enforcement and the threat of fines would put an end to them. >> >> Bauman said The Rock couldn't risk losing its liquor license, so its >> final >> "show" , dubbed "Before the Ban" , will be held Sunday, despite the risk. >> >> "Then we'll go back to losing money," he said. >>