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.
Friday, March 14, 2008
Both a Senate and House Bill were introduced yesterday.
An update from the Legislature. Both a Senate and House Bill were introduced yesterday. Keep in mind that this is a start and the bills can be amended as it goes along in committees...provided they move along.
Let's help them move along...contact your reps...remember this November is election year.
Sheila
House Bill introduced yesterday 3-13-08.
Authors of the House Bill are Howes, Rukavina, Otremba, Emmer, and Solberg.
https://www.revisor.leg.state.mn.us/bin/bldbill.php?bill=H4032.0.html&session=ls85
H.F. No. 4032, as introduced - 85th Legislative Session (2007-2008) Posted on Mar 12, 2008
1.1A bill for an act1.2relating to health; making changes to the smoking ban by adding definitions and 1.3an exception and requiring posted signs;amending Minnesota Statutes 2006, 1.4section 144.413, by adding subdivisions; Minnesota Statutes 2007 Supplement, 1.5section 144.4167, by adding subdivisions.1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:1.7 Section 1. Minnesota Statutes 2006, section 144.413, is amended by adding a 1.8subdivision to read:1.9 Subd. 9. Cigarette. "Cigarette" means any product that contains nicotine, is 1.10intended to be burned or heated under ordinary conditions of use, and consists of or 1.11contains (1) any roll of tobacco wrapped in paper or in any substance not containing 1.12tobacco; or (2) tobacco, in any form, that is functional in the product, which, because of its 1.13appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely 1.14to be offered to, or purchased by, consumers as a cigarette; or (3) any roll of tobacco 1.15wrapped in any substance containing tobacco which, because of its appearance, the type 1.16of tobacco used in the filler, or its packaging or labeling, is likely to be offered to, or 1.17purchased by, consumers as a cigarette described in clause (1) of this definition. The 1.18term "cigarette" includes "roll-your-own."1.19 Sec. 2. Minnesota Statutes 2006, section 144.413, is amended by adding a subdivision 1.20to read:1.21 Subd. 10. Roll-your-own. "Roll-your-own" means any tobacco which, because of 1.22its appearance, type, packaging, or labeling is suitable for use and likely to be offered to, 1.23or purchased by, consumers as tobacco for making cigarettes.2.1 Sec. 3. Minnesota Statutes 2007 Supplement, section 144.4167, is amended by adding 2.2a subdivision to read:2.3 Subd. 10. VFW, American Legion post, private facilities, and other facilities.2.4Sections 144.414 to 144.417 do not prohibit smoking in private clubs, such as VFW 2.5clubs, American Legion posts, bingo halls, country clubs, and restaurants and liquor 2.6establishments with alcoholic beverage sales of 50 percent or more of total gross sales, 2.7provided the facility ensures or has reason to believe that no person under the age of 18 2.8years is present during an event when smoking is permitted. A private club means an 2.9organization that has criteria for admission and membership control over the organization's 2.10operations and use of facilities by nonmembers.2.11 Sec. 4. Minnesota Statutes 2007 Supplement, section 144.4167, is amended by adding 2.12a subdivision to read:2.13 Subd. 11. Ventilation systems in facilities. Sections 144.414 to 144.417 do not 2.14prohibit smoking in separate and enclosed rooms inside VFW clubs, American Legion 2.15posts, other private facilities, and restaurants and liquor establishments with alcoholic 2.16beverage sales of 50 percent or more of total gross sales, with an HVAC ventilation system.2.17 Sec. 5. Minnesota Statutes 2007 Supplement, section 144.4167, is amended by adding 2.18a subdivision to read:2.19 Subd. 12. Signs. Every public place or adult-only facility where smoking is 2.20permitted throughout the entire premises shall have displayed conspicuously one sign at 2.21every entrance to the public place or adult-only facility that bears the words "Smoking 2.22Permitted" or the international "Smoking Permitted" symbol. Every public place that has 2.23designated separate areas where smoking is permitted shall have displayed conspicuously 2.24one sign at every entrance to the public place that bears the words "No Smoking in 2.25Designated Areas" or the international "No Smoking" symbol with the addition of the 2.26words "Except in Designated Areas."
Senate Bill introduced yesterday 3-13-08.
Author on the Senate Bill is Skoe.
https://www.revisor.leg.state.mn.us/bin/bldbill.php?bill=S3727.0.html&session=ls85
S.F. No. 3727, as introduced - 85th Legislative Session (2007-2008) Posted on Mar 12, 2008
1.1A bill for an act1.2relating to health; making changes to the smoking ban by adding definitions and 1.3an exception and requiring posted signs;amending Minnesota Statutes 2006, 1.4section 144.413, by adding subdivisions; Minnesota Statutes 2007 Supplement, 1.5section 144.4167, by adding subdivisions.1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:1.7 Section 1. Minnesota Statutes 2006, section 144.413, is amended by adding a 1.8subdivision to read:1.9 Subd. 9. Cigarette. "Cigarette" means any product that contains nicotine, is 1.10intended to be burned or heated under ordinary conditions of use, and consists of or 1.11contains (1) any roll of tobacco wrapped in paper or in any substance not containing 1.12tobacco; or (2) tobacco, in any form, that is functional in the product, which, because of its 1.13appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely 1.14to be offered to, or purchased by, consumers as a cigarette; or (3) any roll of tobacco 1.15wrapped in any substance containing tobacco which, because of its appearance, the type 1.16of tobacco used in the filler, or its packaging or labeling, is likely to be offered to, or 1.17purchased by, consumers as a cigarette described in clause (1) of this definition. The 1.18term "cigarette" includes "roll-your-own."1.19 Sec. 2. Minnesota Statutes 2006, section 144.413, is amended by adding a subdivision 1.20to read:1.21 Subd. 10. Roll-your-own. "Roll-your-own" means any tobacco which, because of 1.22its appearance, type, packaging, or labeling is suitable for use and likely to be offered to, 1.23or purchased by, consumers as tobacco for making cigarettes.2.1 Sec. 3. Minnesota Statutes 2007 Supplement, section 144.4167, is amended by adding 2.2a subdivision to read:2.3 Subd. 10. VFW, American Legion post, private facilities, and other facilities.2.4Sections 144.414 to 144.417 do not prohibit smoking in private clubs, such as VFW 2.5clubs, American Legion posts, bingo halls, country clubs, and restaurants and liquor 2.6establishments with alcoholic beverage sales of 50 percent or more of total gross sales, 2.7provided the facility ensures or has reason to believe that no person under the age of 18 2.8years is present during an event when smoking is permitted. A private club means an 2.9organization that has criteria for admission and membership control over the organization's 2.10operations and use of facilities by nonmembers.2.11 Sec. 4. Minnesota Statutes 2007 Supplement, section 144.4167, is amended by adding 2.12a subdivision to read:2.13 Subd. 11. Ventilation systems in facilities. Sections 144.414 to 144.417 do not 2.14prohibit smoking in separate and enclosed rooms inside VFW clubs, American Legion 2.15posts, other private facilities, and restaurants and liquor establishments with alcoholic 2.16beverage sales of 50 percent or more of total gross sales, with an HVAC ventilation system.2.17 Sec. 5. Minnesota Statutes 2007 Supplement, section 144.4167, is amended by adding 2.18a subdivision to read:2.19 Subd. 12. Signs. Every public place or adult-only facility where smoking is 2.20permitted throughout the entire premises shall have displayed conspicuously one sign at 2.21every entrance to the public place or adult-only facility that bears the words "Smoking 2.22Permitted" or the international "Smoking Permitted" symbol. Every public place that has 2.23designated separate areas where smoking is permitted shall have displayed conspicuously 2.24one sign at every entrance to the public place that bears the words "No Smoking in 2.25Designated Areas" or the international "No Smoking" symbol with the addition of the 2.26words "Except in Designated Areas."
Let's help them move along...contact your reps...remember this November is election year.
Sheila
House Bill introduced yesterday 3-13-08.
Authors of the House Bill are Howes, Rukavina, Otremba, Emmer, and Solberg.
https://www.revisor.leg.state.mn.us/bin/bldbill.php?bill=H4032.0.html&session=ls85
H.F. No. 4032, as introduced - 85th Legislative Session (2007-2008) Posted on Mar 12, 2008
1.1A bill for an act1.2relating to health; making changes to the smoking ban by adding definitions and 1.3an exception and requiring posted signs;amending Minnesota Statutes 2006, 1.4section 144.413, by adding subdivisions; Minnesota Statutes 2007 Supplement, 1.5section 144.4167, by adding subdivisions.1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:1.7 Section 1. Minnesota Statutes 2006, section 144.413, is amended by adding a 1.8subdivision to read:1.9 Subd. 9. Cigarette. "Cigarette" means any product that contains nicotine, is 1.10intended to be burned or heated under ordinary conditions of use, and consists of or 1.11contains (1) any roll of tobacco wrapped in paper or in any substance not containing 1.12tobacco; or (2) tobacco, in any form, that is functional in the product, which, because of its 1.13appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely 1.14to be offered to, or purchased by, consumers as a cigarette; or (3) any roll of tobacco 1.15wrapped in any substance containing tobacco which, because of its appearance, the type 1.16of tobacco used in the filler, or its packaging or labeling, is likely to be offered to, or 1.17purchased by, consumers as a cigarette described in clause (1) of this definition. The 1.18term "cigarette" includes "roll-your-own."1.19 Sec. 2. Minnesota Statutes 2006, section 144.413, is amended by adding a subdivision 1.20to read:1.21 Subd. 10. Roll-your-own. "Roll-your-own" means any tobacco which, because of 1.22its appearance, type, packaging, or labeling is suitable for use and likely to be offered to, 1.23or purchased by, consumers as tobacco for making cigarettes.2.1 Sec. 3. Minnesota Statutes 2007 Supplement, section 144.4167, is amended by adding 2.2a subdivision to read:2.3 Subd. 10. VFW, American Legion post, private facilities, and other facilities.2.4Sections 144.414 to 144.417 do not prohibit smoking in private clubs, such as VFW 2.5clubs, American Legion posts, bingo halls, country clubs, and restaurants and liquor 2.6establishments with alcoholic beverage sales of 50 percent or more of total gross sales, 2.7provided the facility ensures or has reason to believe that no person under the age of 18 2.8years is present during an event when smoking is permitted. A private club means an 2.9organization that has criteria for admission and membership control over the organization's 2.10operations and use of facilities by nonmembers.2.11 Sec. 4. Minnesota Statutes 2007 Supplement, section 144.4167, is amended by adding 2.12a subdivision to read:2.13 Subd. 11. Ventilation systems in facilities. Sections 144.414 to 144.417 do not 2.14prohibit smoking in separate and enclosed rooms inside VFW clubs, American Legion 2.15posts, other private facilities, and restaurants and liquor establishments with alcoholic 2.16beverage sales of 50 percent or more of total gross sales, with an HVAC ventilation system.2.17 Sec. 5. Minnesota Statutes 2007 Supplement, section 144.4167, is amended by adding 2.18a subdivision to read:2.19 Subd. 12. Signs. Every public place or adult-only facility where smoking is 2.20permitted throughout the entire premises shall have displayed conspicuously one sign at 2.21every entrance to the public place or adult-only facility that bears the words "Smoking 2.22Permitted" or the international "Smoking Permitted" symbol. Every public place that has 2.23designated separate areas where smoking is permitted shall have displayed conspicuously 2.24one sign at every entrance to the public place that bears the words "No Smoking in 2.25Designated Areas" or the international "No Smoking" symbol with the addition of the 2.26words "Except in Designated Areas."
Senate Bill introduced yesterday 3-13-08.
Author on the Senate Bill is Skoe.
https://www.revisor.leg.state.mn.us/bin/bldbill.php?bill=S3727.0.html&session=ls85
S.F. No. 3727, as introduced - 85th Legislative Session (2007-2008) Posted on Mar 12, 2008
1.1A bill for an act1.2relating to health; making changes to the smoking ban by adding definitions and 1.3an exception and requiring posted signs;amending Minnesota Statutes 2006, 1.4section 144.413, by adding subdivisions; Minnesota Statutes 2007 Supplement, 1.5section 144.4167, by adding subdivisions.1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:1.7 Section 1. Minnesota Statutes 2006, section 144.413, is amended by adding a 1.8subdivision to read:1.9 Subd. 9. Cigarette. "Cigarette" means any product that contains nicotine, is 1.10intended to be burned or heated under ordinary conditions of use, and consists of or 1.11contains (1) any roll of tobacco wrapped in paper or in any substance not containing 1.12tobacco; or (2) tobacco, in any form, that is functional in the product, which, because of its 1.13appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely 1.14to be offered to, or purchased by, consumers as a cigarette; or (3) any roll of tobacco 1.15wrapped in any substance containing tobacco which, because of its appearance, the type 1.16of tobacco used in the filler, or its packaging or labeling, is likely to be offered to, or 1.17purchased by, consumers as a cigarette described in clause (1) of this definition. The 1.18term "cigarette" includes "roll-your-own."1.19 Sec. 2. Minnesota Statutes 2006, section 144.413, is amended by adding a subdivision 1.20to read:1.21 Subd. 10. Roll-your-own. "Roll-your-own" means any tobacco which, because of 1.22its appearance, type, packaging, or labeling is suitable for use and likely to be offered to, 1.23or purchased by, consumers as tobacco for making cigarettes.2.1 Sec. 3. Minnesota Statutes 2007 Supplement, section 144.4167, is amended by adding 2.2a subdivision to read:2.3 Subd. 10. VFW, American Legion post, private facilities, and other facilities.2.4Sections 144.414 to 144.417 do not prohibit smoking in private clubs, such as VFW 2.5clubs, American Legion posts, bingo halls, country clubs, and restaurants and liquor 2.6establishments with alcoholic beverage sales of 50 percent or more of total gross sales, 2.7provided the facility ensures or has reason to believe that no person under the age of 18 2.8years is present during an event when smoking is permitted. A private club means an 2.9organization that has criteria for admission and membership control over the organization's 2.10operations and use of facilities by nonmembers.2.11 Sec. 4. Minnesota Statutes 2007 Supplement, section 144.4167, is amended by adding 2.12a subdivision to read:2.13 Subd. 11. Ventilation systems in facilities. Sections 144.414 to 144.417 do not 2.14prohibit smoking in separate and enclosed rooms inside VFW clubs, American Legion 2.15posts, other private facilities, and restaurants and liquor establishments with alcoholic 2.16beverage sales of 50 percent or more of total gross sales, with an HVAC ventilation system.2.17 Sec. 5. Minnesota Statutes 2007 Supplement, section 144.4167, is amended by adding 2.18a subdivision to read:2.19 Subd. 12. Signs. Every public place or adult-only facility where smoking is 2.20permitted throughout the entire premises shall have displayed conspicuously one sign at 2.21every entrance to the public place or adult-only facility that bears the words "Smoking 2.22Permitted" or the international "Smoking Permitted" symbol. Every public place that has 2.23designated separate areas where smoking is permitted shall have displayed conspicuously 2.24one sign at every entrance to the public place that bears the words "No Smoking in 2.25Designated Areas" or the international "No Smoking" symbol with the addition of the 2.26words "Except in Designated Areas."
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. >>
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. >>
At One Minnesota Bar, the Show's Over
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
http://www.washingtonpost.com/wp-dyn/content/article/2008/03/14/AR2008031400699.html
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.
We at Barnacles will go on with the show!
Sheila
http://www.washingtonpost.com/wp-dyn/content/article/2008/03/14/AR2008031400699.html
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.
River Fall Journal. Note mention of smoking on state of Jungle Theater in Minneapolis.
"Never mind the secondhand smoke that assaulted me during a recent trip to the Jungle Theatre on Lyndale Avenue (MINNEAPOLIS). Secondhand smoke is apparently OK if it’s in the Service of Art." http://www.jungletheater.com/
http://www.riverfallsjournal.com/articles/index.cfm?id=86414§ion=Opinion
Woodworking: Smokers: Just put on your acting capsDave Wood, columnistRiver Falls Journal - 03/14/2008
Just when you think there’s no spirit left in the American psyche, you read something that makes your heart leap up.
As some of you may know, Gov. Jim Doyle wants to make the Badger State just like Minnesota, where nothing is allowed.
Doyle wants to make Wisconsin smoke-free, turning a deaf ear to all those tobacco farmers in Vernon and Trempealeau Counties (most of them are Republicans anyway) and prohibiting all of us blue-collar folks from enjoying a cigarette with an after-work beer at our favorite watering hole.
Doyle and the other Badger busy bodies tell us it’s for our own good and that if we all stop smoking medical costs will plummet, even though a recent European study discovered that non-smokers are the ones who cause medical costs to increase because they live longer.
Anyway, that’s where it stands. Minnesota’s law has been in effect for more than a year now and the saloonkeepers of Hudson are all on their way to the Riviera because Gophers have to come over here to have a smoke.
If Doyle has his way, they’ll have to come back from the Riviera, so they can turn their bars into dollar stores when drinkers stop coming, as they already have in Madison, where bars are closing every week.
It’s a dismal picture for those of us who are reprobates and still enjoy an occasional cigarette.
So my heart leapt up with glee when I read in the Star Tribune last month about one Mark Benjamin, a Cambridge, Minn., attorney and non-smoker, has discovered a loophole in the Minnesota law.
When the solons in St. Paul were writing the bill, a whole bunch of influential artsy folks got worried about the Guthrie Theater and the Park Square and the other thousands of theatrical sites in the Twin Cities.
What, they asked their congresspersons, if a play called for an actor to smoke on stage? It would be a shame, they said, if someone had to suck on a candy cigarette.
So the lawmakers in their wisdom attached a rider to the bill which said that actors could smoke on stage in the theaters all around the Gopher State. Never mind the secondhand smoke that assaulted me during a recent trip to the Jungle Theatre on Lyndale Avenue. Secondhand smoke is apparently OK if it’s in the Service of Art.
Mark Benjamin told the Star Tribune that, “In a bar you get a $300 ticket but in a ‘theatrical production’ you get applause and accolades.” Fortunately for us reprobates, the Legislature in its haste to suck up to the arts crowd forgot to define where “theatrical productions” could be performed.
Benjamin reminded the Tribune that Shakespeare once wrote: “All the world’s a stage, and all the men and women merely players….so if you’re a bar owner and don a beret, declare your bar a stage, hand out scripts and direct your patrons – ahem — performers to fire up….then you’ve got a bonafide production going on.”
In conclusion, Benjamin told the Tribune he was going to stage a “tobacco troupe” production at a Cambridge bar that very night. I hope it goes well.
That would present all sorts of opportunities for the soon-to-be beleaguered tavern keepers in River Falls. So I hope when Doyle brings his bill before the Wisconsin legislature, droves of cast members and stagehands from the St. Croix Valley players will descend on Madison and demand access to smokes on stages at UW-RF’s Kleinpell Fine Arts.
Should they succeed, think of how this little town on the Kinni would be submerged in culture.
Johnnie’s Orpheum would be presided over by theatrical impresario Dave Dinteman and the “Little West Wind Off Times Square” would feature dinner theatre in its grand dining room.
Same for the Bo’s and Mine Belasco, Emma’s Emporium of Drama, the Mainstreeter Pantages and the Brave New Copper Kettle.
Another advantage to the plan is that the owners wouldn’t have to worry about a writer’s strike, which shut down Broadway. That’s because, for simplicity’s sake, there’ll be only one play at all the taverns, a fairly simple one.
You’ll be greeted at the door by the likes of Dinteman and Kevin Pechacek and Lynn Johnson. They’ll each hand out the same script:
MEETING ST. PETER AT THE GOLDEN GATE
A PLAY IN ONE ACT BY PHIL HARRIS
Stage Directions: All players belly up to the bar and smoke, smoke, smoke that cigarette.
THE END.
Dave would like to hear from you. E-mail him at wood8722@sbcglobal.net.
http://www.riverfallsjournal.com/articles/index.cfm?id=86414§ion=Opinion
Woodworking: Smokers: Just put on your acting capsDave Wood, columnistRiver Falls Journal - 03/14/2008
Just when you think there’s no spirit left in the American psyche, you read something that makes your heart leap up.
As some of you may know, Gov. Jim Doyle wants to make the Badger State just like Minnesota, where nothing is allowed.
Doyle wants to make Wisconsin smoke-free, turning a deaf ear to all those tobacco farmers in Vernon and Trempealeau Counties (most of them are Republicans anyway) and prohibiting all of us blue-collar folks from enjoying a cigarette with an after-work beer at our favorite watering hole.
Doyle and the other Badger busy bodies tell us it’s for our own good and that if we all stop smoking medical costs will plummet, even though a recent European study discovered that non-smokers are the ones who cause medical costs to increase because they live longer.
Anyway, that’s where it stands. Minnesota’s law has been in effect for more than a year now and the saloonkeepers of Hudson are all on their way to the Riviera because Gophers have to come over here to have a smoke.
If Doyle has his way, they’ll have to come back from the Riviera, so they can turn their bars into dollar stores when drinkers stop coming, as they already have in Madison, where bars are closing every week.
It’s a dismal picture for those of us who are reprobates and still enjoy an occasional cigarette.
So my heart leapt up with glee when I read in the Star Tribune last month about one Mark Benjamin, a Cambridge, Minn., attorney and non-smoker, has discovered a loophole in the Minnesota law.
When the solons in St. Paul were writing the bill, a whole bunch of influential artsy folks got worried about the Guthrie Theater and the Park Square and the other thousands of theatrical sites in the Twin Cities.
What, they asked their congresspersons, if a play called for an actor to smoke on stage? It would be a shame, they said, if someone had to suck on a candy cigarette.
So the lawmakers in their wisdom attached a rider to the bill which said that actors could smoke on stage in the theaters all around the Gopher State. Never mind the secondhand smoke that assaulted me during a recent trip to the Jungle Theatre on Lyndale Avenue. Secondhand smoke is apparently OK if it’s in the Service of Art.
Mark Benjamin told the Star Tribune that, “In a bar you get a $300 ticket but in a ‘theatrical production’ you get applause and accolades.” Fortunately for us reprobates, the Legislature in its haste to suck up to the arts crowd forgot to define where “theatrical productions” could be performed.
Benjamin reminded the Tribune that Shakespeare once wrote: “All the world’s a stage, and all the men and women merely players….so if you’re a bar owner and don a beret, declare your bar a stage, hand out scripts and direct your patrons – ahem — performers to fire up….then you’ve got a bonafide production going on.”
In conclusion, Benjamin told the Tribune he was going to stage a “tobacco troupe” production at a Cambridge bar that very night. I hope it goes well.
That would present all sorts of opportunities for the soon-to-be beleaguered tavern keepers in River Falls. So I hope when Doyle brings his bill before the Wisconsin legislature, droves of cast members and stagehands from the St. Croix Valley players will descend on Madison and demand access to smokes on stages at UW-RF’s Kleinpell Fine Arts.
Should they succeed, think of how this little town on the Kinni would be submerged in culture.
Johnnie’s Orpheum would be presided over by theatrical impresario Dave Dinteman and the “Little West Wind Off Times Square” would feature dinner theatre in its grand dining room.
Same for the Bo’s and Mine Belasco, Emma’s Emporium of Drama, the Mainstreeter Pantages and the Brave New Copper Kettle.
Another advantage to the plan is that the owners wouldn’t have to worry about a writer’s strike, which shut down Broadway. That’s because, for simplicity’s sake, there’ll be only one play at all the taverns, a fairly simple one.
You’ll be greeted at the door by the likes of Dinteman and Kevin Pechacek and Lynn Johnson. They’ll each hand out the same script:
MEETING ST. PETER AT THE GOLDEN GATE
A PLAY IN ONE ACT BY PHIL HARRIS
Stage Directions: All players belly up to the bar and smoke, smoke, smoke that cigarette.
THE END.
Dave would like to hear from you. E-mail him at wood8722@sbcglobal.net.
letter from Sue Kiley - Polish Palace Sobieski, Mn
Hey Greg - Can we post
Sent: Thursday, March 13, 2008 12:27 PM
Subject: [SPAM] Re: Theater Nites Update - Please Read
Hi Sheila,
My Theater night is wonderful. My bar is booming. My bar is in a town of population of 210. We have two bars. My bar is the only one with theater . The first week I started I Grossed $2000.00 more then the week before. The word is getting around fast. Thanks to Sheila, Mark, and Gregory.
Sue Kiley - Polish Palace Sobieski, Mn
Sent: Thursday, March 13, 2008 12:27 PM
Subject: [SPAM] Re: Theater Nites Update - Please Read
Hi Sheila,
My Theater night is wonderful. My bar is booming. My bar is in a town of population of 210. We have two bars. My bar is the only one with theater . The first week I started I Grossed $2000.00 more then the week before. The word is getting around fast. Thanks to Sheila, Mark, and Gregory.
Sue Kiley - Polish Palace Sobieski, Mn
I am affiliated with a smokers rights group (Forces.org)
Greg - Can we post.
Sheila,
I am affiliated with a smokers rights group (Forces.org) and I just wanted to let you and all the other participants in this wonderful mockery of this ridiculous smoking ban know that we are behind you 100%.
We've done a couple stories concerning this Minnesota uprising and we hope that all of you keep fighting.
Here is a link to our latest piece.
http://forces.org/News_Portal/news_viewer.php?id=898
We would be much obliged if you would forward this email to all the participants, if you have that list and the time to do it.
Hang in there!
FORCES
Sheila,
I am affiliated with a smokers rights group (Forces.org) and I just wanted to let you and all the other participants in this wonderful mockery of this ridiculous smoking ban know that we are behind you 100%.
We've done a couple stories concerning this Minnesota uprising and we hope that all of you keep fighting.
Here is a link to our latest piece.
http://forces.org/News_Portal/news_viewer.php?id=898
We would be much obliged if you would forward this email to all the participants, if you have that list and the time to do it.
Hang in there!
FORCES
DL-Online Article: Five months in, businesses still feeling effects of smoking ban
Greg - Can we post.
Sheila
Sent: Sunday, March 09, 2008 9:43 PM
http://www.dl-online.com/articles/index.cfm?id=34550§ion=News
Subject: Fw: DL-Online Article: Five months in, businesses still feeling effects of smoking ban
Five months in, businesses still feeling effects of smoking banDL-Online - Detroit Lakes,MN,USAThat doesn’t include creating a theatre night where patrons are called actors and allowed to smoke during the performance, because Larson said it isn’t ...See all stories on this topic
Five months in, businesses still feeling effects of smoking banAmber NohrenbergDL-Online - 03/09/2008
DETROIT LAKES — It’s been five months since the Freedom to Breathe Act was put into effect in Minnesota, and some area bars and clubs are still feeling the crunch in business the smoking ban has created.
The general consensus is that customers haven’t been staying long, if they show up at all, and non-smokers haven’t filled in the gaps created by smokers leaving.
“We haven’t seen any increase in non-smokers coming in,” said bartender Dawn Mattson at the Detroit Lakes American Legion.
Mattson said customers still don’t like the idea of the smoking ban. The American Legion went through all the measures before the ban; it had a non-smoking area and installed air cleaners to ensure comfort for non-smokers, she said.
“I think they just feel it’s a right that was just taken away from them. They understand it when there’s food being served, but not in the liquor establishments,” Mattson said. “Especially our veterans, because a lot of them, that’ s where they got started smoking is actually when they were serving, that was part of their rations, the cigarettes.”
She hasn’t heard about people in her group being thrilled about the smoking ban, especially since the legion had gone to all the measures to accommodate non-smokers before the ban was in place. Mostly, the worry now is about the future of the club.
“They’re worried that business is down and they want to ensure that their club is always here to enjoy,” she said.
“I just really wish the Legislature would have just maybe re-thought it a little bit and put some hours on the time when smoking was allowed or said you had to have certain air cleaners. Anything but just a complete ban on it,” she said.
“We all work hard to keep our business, and that’s really hard when we haven’t seen an increase in non-smokers coming in here. I wish I could say that we’ve seen that, but we haven’t.”
Del Nelson, a bartender at VFW Post 1676 said the y haven’t seen an increase in non-smokers coming in. He said they’ve had to close on Sundays because no one has been coming in, and the lunch crowds and Bingo attendance are way down. Non-smokers just aren’t picking up the slack from smokers not going to the bar.
“Here I am again, in the middle of the afternoon, when we used to have 10, 15 people, and I’ve got two now,” he said.
Sandbar Sports Bar and Café bartender Stacey Cresswell said she hasn’t noticed a lot fewer people since the smoking ban went into effect. The bar installed a heater in its outdoor smoking area for the winter weather and most people have gotten used to the ban.
“From what I’ve seen, it’s calmed down a lot. People are just getting kind of used to it and there’s nothing really you can do,” she said.
Mary Thomssen sells pull-tabs at the Sandbar, and said business hasn’t been bad. “Not worse than any other place,” she said.
It’s maybe a little bit slower than before the ban, but winter is usually slower. She also said she thinks people are watching their money with things like the increased cost of gas.
Audubon Municipal Liquor Store manager Pauli Larson said the smoking ban is hurting a lot of people.
“All of these people who went to the Legislature and said “Oh yes, if there were no smoking in bars, we’d go to bars”—no they won’t. They’re not showing up and yes, it is hurting business for everyone in this industry,” Larson said.
Off-sale liquor is up, but Larson said she’d rather see the community back in the bar. They have been working on creating special activities to get people to come in.
They had karaoke last weekend, and have more events coming up in March, with extended St. Patrick’s Day activities, a Mardi Gras night, and a possible wine-tasting event.
“I believe you have to get creative in planning special events at your establishment to draw the crowds in,” she said.
That doesn’t include creating a theatre night where patrons are called actors and allowed to smoke during the performance, because Larson said it isn’t compatible with a municipal liquor store.
She had thought about looking into it, and has no problem with people who do it, but it doesn’t fit for her business in Audubon.
“Finding this loophole and trying to find a way to beat the system is not what a municipal liquor store is all about. We are about the community, we are about what is best for the community, so therefore we will not be doing this,” she said.
“It’s like pushing the envelope, it’s not actually illegal, but it’s as close to it as you’re going to get, but that’s not what a municipal is about.”
She said regular customers who are smokers have very little problem with going outside to smoke. They have signs for customers to put on their tables when they go outside for a smoking break so waitresses won’t remove the drinks. There is room under the roof, next to the building, so smokers aren’t completely exposed to snow or rain, but Larson said she would eventually like to look into creating a shelter outside.
And while Larson would like to see more non-smokers or other smokers back in the bar, just to say hello and get the community back in the bar enjoying themselves, she appreciates the support the municipal liquor store has gotten from the community.
“We really appreciate the support from the community. It has been fantastic. And any dollar they spend in here goes back to the community, so it’s greatly appreciated.”
Sheila
Sent: Sunday, March 09, 2008 9:43 PM
http://www.dl-online.com/articles/index.cfm?id=34550§ion=News
Subject: Fw: DL-Online Article: Five months in, businesses still feeling effects of smoking ban
Five months in, businesses still feeling effects of smoking banDL-Online - Detroit Lakes,MN,USAThat doesn’t include creating a theatre night where patrons are called actors and allowed to smoke during the performance, because Larson said it isn’t ...See all stories on this topic
Five months in, businesses still feeling effects of smoking banAmber NohrenbergDL-Online - 03/09/2008
DETROIT LAKES — It’s been five months since the Freedom to Breathe Act was put into effect in Minnesota, and some area bars and clubs are still feeling the crunch in business the smoking ban has created.
The general consensus is that customers haven’t been staying long, if they show up at all, and non-smokers haven’t filled in the gaps created by smokers leaving.
“We haven’t seen any increase in non-smokers coming in,” said bartender Dawn Mattson at the Detroit Lakes American Legion.
Mattson said customers still don’t like the idea of the smoking ban. The American Legion went through all the measures before the ban; it had a non-smoking area and installed air cleaners to ensure comfort for non-smokers, she said.
“I think they just feel it’s a right that was just taken away from them. They understand it when there’s food being served, but not in the liquor establishments,” Mattson said. “Especially our veterans, because a lot of them, that’ s where they got started smoking is actually when they were serving, that was part of their rations, the cigarettes.”
She hasn’t heard about people in her group being thrilled about the smoking ban, especially since the legion had gone to all the measures to accommodate non-smokers before the ban was in place. Mostly, the worry now is about the future of the club.
“They’re worried that business is down and they want to ensure that their club is always here to enjoy,” she said.
“I just really wish the Legislature would have just maybe re-thought it a little bit and put some hours on the time when smoking was allowed or said you had to have certain air cleaners. Anything but just a complete ban on it,” she said.
“We all work hard to keep our business, and that’s really hard when we haven’t seen an increase in non-smokers coming in here. I wish I could say that we’ve seen that, but we haven’t.”
Del Nelson, a bartender at VFW Post 1676 said the y haven’t seen an increase in non-smokers coming in. He said they’ve had to close on Sundays because no one has been coming in, and the lunch crowds and Bingo attendance are way down. Non-smokers just aren’t picking up the slack from smokers not going to the bar.
“Here I am again, in the middle of the afternoon, when we used to have 10, 15 people, and I’ve got two now,” he said.
Sandbar Sports Bar and Café bartender Stacey Cresswell said she hasn’t noticed a lot fewer people since the smoking ban went into effect. The bar installed a heater in its outdoor smoking area for the winter weather and most people have gotten used to the ban.
“From what I’ve seen, it’s calmed down a lot. People are just getting kind of used to it and there’s nothing really you can do,” she said.
Mary Thomssen sells pull-tabs at the Sandbar, and said business hasn’t been bad. “Not worse than any other place,” she said.
It’s maybe a little bit slower than before the ban, but winter is usually slower. She also said she thinks people are watching their money with things like the increased cost of gas.
Audubon Municipal Liquor Store manager Pauli Larson said the smoking ban is hurting a lot of people.
“All of these people who went to the Legislature and said “Oh yes, if there were no smoking in bars, we’d go to bars”—no they won’t. They’re not showing up and yes, it is hurting business for everyone in this industry,” Larson said.
Off-sale liquor is up, but Larson said she’d rather see the community back in the bar. They have been working on creating special activities to get people to come in.
They had karaoke last weekend, and have more events coming up in March, with extended St. Patrick’s Day activities, a Mardi Gras night, and a possible wine-tasting event.
“I believe you have to get creative in planning special events at your establishment to draw the crowds in,” she said.
That doesn’t include creating a theatre night where patrons are called actors and allowed to smoke during the performance, because Larson said it isn’t compatible with a municipal liquor store.
She had thought about looking into it, and has no problem with people who do it, but it doesn’t fit for her business in Audubon.
“Finding this loophole and trying to find a way to beat the system is not what a municipal liquor store is all about. We are about the community, we are about what is best for the community, so therefore we will not be doing this,” she said.
“It’s like pushing the envelope, it’s not actually illegal, but it’s as close to it as you’re going to get, but that’s not what a municipal is about.”
She said regular customers who are smokers have very little problem with going outside to smoke. They have signs for customers to put on their tables when they go outside for a smoking break so waitresses won’t remove the drinks. There is room under the roof, next to the building, so smokers aren’t completely exposed to snow or rain, but Larson said she would eventually like to look into creating a shelter outside.
And while Larson would like to see more non-smokers or other smokers back in the bar, just to say hello and get the community back in the bar enjoying themselves, she appreciates the support the municipal liquor store has gotten from the community.
“We really appreciate the support from the community. It has been fantastic. And any dollar they spend in here goes back to the community, so it’s greatly appreciated.”
Bartender George Gillespie Story
Greg - Can we post.
Sheila
Bartender George Gillespie Story
I have bartended for 12 years full time at the samebar in Albert Lea since the ban I have been cut from40 hours a week to 15 hours a week the pay checks arenot covering my child support payments. I had to go tocourt and save my drivers license for failing to paythe full amount of child support, I was sending 100per cent of my wages and living off the tips. My childSupport obligation is 500 a month I barely make 482before taxes. I have a few credit card companiescalling day and nights and weekends harassing mewanting paid I cannot pay. I am still waiting for thatnew business to come through the door. George Gillespie
Sheila
Bartender George Gillespie Story
I have bartended for 12 years full time at the samebar in Albert Lea since the ban I have been cut from40 hours a week to 15 hours a week the pay checks arenot covering my child support payments. I had to go tocourt and save my drivers license for failing to paythe full amount of child support, I was sending 100per cent of my wages and living off the tips. My childSupport obligation is 500 a month I barely make 482before taxes. I have a few credit card companiescalling day and nights and weekends harassing mewanting paid I cannot pay. I am still waiting for thatnew business to come through the door. George Gillespie
Ken Lehman Bar Patron Story
Greg - Can we post.
Sheila
Ken Lehman Bar Patron Story
I don't go out for coffee, buy anyone drinks, or by food at any of those establishments that provide a combination of food and beverages.I started singing Karaoke in 2007 but stopped since the smoking ban.Don't go where I can't smoke. It is my right not to as it is the right of non smokers not to go where people are smoking.But the rights of one group have been sacrificed for the rights of others.Yet pay the extra fees and contribute more in fees and taxes yet have less rights than non smokers due do being a victim of discrimination based on my life style.I don't drink but don't expect to make others give up drinking for my health.I've been around drinkers that respect my right not to drink or go where there is drinking as I do their right to drink and go where there is drinking.I have also, on many occasions, chosen to socialize with them and pay an establishment for providing a venue for me to do so with drinkers and non drinkers alike as well as for my personal beverages of choice.
Ken Lehman
Sheila
Ken Lehman Bar Patron Story
I don't go out for coffee, buy anyone drinks, or by food at any of those establishments that provide a combination of food and beverages.I started singing Karaoke in 2007 but stopped since the smoking ban.Don't go where I can't smoke. It is my right not to as it is the right of non smokers not to go where people are smoking.But the rights of one group have been sacrificed for the rights of others.Yet pay the extra fees and contribute more in fees and taxes yet have less rights than non smokers due do being a victim of discrimination based on my life style.I don't drink but don't expect to make others give up drinking for my health.I've been around drinkers that respect my right not to drink or go where there is drinking as I do their right to drink and go where there is drinking.I have also, on many occasions, chosen to socialize with them and pay an establishment for providing a venue for me to do so with drinkers and non drinkers alike as well as for my personal beverages of choice.
Ken Lehman
Isanti County News: Cambridge man (Lawyer Mark W. Benjamine) invites state to debate smoking ban
See very good article at link. http://isanticountynews.com/index.php?option=com_content&task=view&id=2903&Itemid=1
What is notable is comment posted by Executive Director Tavern League of Minnesota : kenn rock I'll paste it below:
Executive Director Tavern League of Minnesota : kennrock
Paul and J must not frequent taverns and bars very often. If they did they would know what everyone in the industry knew prior to this ban being passed. The ban doesn't harm every establishment but it severely harms establishments that are heavily dependent on the sale of adult beverages and pull tabs. Smoking bans have caused the loss of up to 65% of sales in some locations and the Freedom to Breathe Act has done the same. Thousands of employees, owners, suppliers, and related entities are suffering or losing everything they have worked for. How do Paul and J explain that where ever bars have put on Theatre Productions, their business has soared. Do they think the economy suddenly improved for that evening. If going smokefree was the answer for everyone than those places that went smokefree voluntarily would have cornered the business. I have spoken with, written, emailed, and been at meetings with hundreds of employees, owners, and suppliers, whose lives have been shattered since October 1st, and that is a small percentage of the establishments in Minnesota. With regard to Wisconsin establishments, many of them close to Minnesota have been gearing up and adding shifts at the same time as their Minnesota competitors are cutting staff and hours. If Paul and J spoke with Beer wholesalers about what has happened to same store beer sales since the ban went in they would hear the same results. If they don't allow some exemptions for businesses in the hospitality industry in Minnesota, the loss of jobs is going to be greater than the St Paul Ford Plant closing and the NW Air/Delta Air Merger combined.
March 13, 2008
What is notable is comment posted by Executive Director Tavern League of Minnesota : kenn rock I'll paste it below:
Executive Director Tavern League of Minnesota : kennrock
Paul and J must not frequent taverns and bars very often. If they did they would know what everyone in the industry knew prior to this ban being passed. The ban doesn't harm every establishment but it severely harms establishments that are heavily dependent on the sale of adult beverages and pull tabs. Smoking bans have caused the loss of up to 65% of sales in some locations and the Freedom to Breathe Act has done the same. Thousands of employees, owners, suppliers, and related entities are suffering or losing everything they have worked for. How do Paul and J explain that where ever bars have put on Theatre Productions, their business has soared. Do they think the economy suddenly improved for that evening. If going smokefree was the answer for everyone than those places that went smokefree voluntarily would have cornered the business. I have spoken with, written, emailed, and been at meetings with hundreds of employees, owners, and suppliers, whose lives have been shattered since October 1st, and that is a small percentage of the establishments in Minnesota. With regard to Wisconsin establishments, many of them close to Minnesota have been gearing up and adding shifts at the same time as their Minnesota competitors are cutting staff and hours. If Paul and J spoke with Beer wholesalers about what has happened to same store beer sales since the ban went in they would hear the same results. If they don't allow some exemptions for businesses in the hospitality industry in Minnesota, the loss of jobs is going to be greater than the St Paul Ford Plant closing and the NW Air/Delta Air Merger combined.
March 13, 2008
Thursday, March 13, 2008
Letter to Elected Officials from Buzztones Entertainment
Greg - Can we please post.
Buzztone's Band played at Barnacles Resort for our first theater night in the state. On our second theater night, they came to our rescue on short notice when the previously scheduled band cancled at the last minute and they filled in. What a Great band!
From: buzz bauman __________________ Date: February 15, 2008 5:26:41 PM CSTTo: Karla Bigham <rep.karla.bigham@house.mn>, Katie Sieben <sen.katie.sieben@senate.mn>, tim.pawlenty@state.mn.us
Subject: smoking ban resultsDear MN State Elected Officials, some feedback regarding the smoking ban from my perspective as a weekend club musician. I had invited you all to come to Harbor Village Bar & Restaurant and dance to my band after the smoking ban was put in effect. None of you came. Sad to say, they decided to close the doors due to loss of revenue at the beginning of December. They are hoping to remodel the bar and perhaps reopen this spring. I have other venues I play and can play. They too are complaining about loss of revenue. Previously I could comfortably book the band (depending on occupancy of the club) from $1200.00 - $800.00 for a weekend engagement. I'm down to $600.00 or less for a weekend as the club owners can't budget for more or they are now having live music one night a weekend instead of two, or not at all. This situation is compounded by gas prices so high that some jobs are barely worth playing. I had thought that living in America and the state of Minnesota meant that we have rights and choices. Tobacco & Alcohol use is legal. Using California and Florida as an example of smoking ban success means nothing compared to Minnesota and it's cold winters. You've successfully backed the tavern Industry in this state into a corner that they cannot remove themselves from. In addition, the Native American Casino's are taking even more business as the smoking ban doesn't effect them. You need to revisit and compromise the smoking ban to help Minnesota Bars & Taverns compete and stay in business.Buzz BaumanSt. Paul Park MN.651-459-2884
Buzztone's Band played at Barnacles Resort for our first theater night in the state. On our second theater night, they came to our rescue on short notice when the previously scheduled band cancled at the last minute and they filled in. What a Great band!
From: buzz bauman __________________ Date: February 15, 2008 5:26:41 PM CSTTo: Karla Bigham <rep.karla.bigham@house.mn>, Katie Sieben <sen.katie.sieben@senate.mn>, tim.pawlenty@state.mn.us
Subject: smoking ban resultsDear MN State Elected Officials, some feedback regarding the smoking ban from my perspective as a weekend club musician. I had invited you all to come to Harbor Village Bar & Restaurant and dance to my band after the smoking ban was put in effect. None of you came. Sad to say, they decided to close the doors due to loss of revenue at the beginning of December. They are hoping to remodel the bar and perhaps reopen this spring. I have other venues I play and can play. They too are complaining about loss of revenue. Previously I could comfortably book the band (depending on occupancy of the club) from $1200.00 - $800.00 for a weekend engagement. I'm down to $600.00 or less for a weekend as the club owners can't budget for more or they are now having live music one night a weekend instead of two, or not at all. This situation is compounded by gas prices so high that some jobs are barely worth playing. I had thought that living in America and the state of Minnesota meant that we have rights and choices. Tobacco & Alcohol use is legal. Using California and Florida as an example of smoking ban success means nothing compared to Minnesota and it's cold winters. You've successfully backed the tavern Industry in this state into a corner that they cannot remove themselves from. In addition, the Native American Casino's are taking even more business as the smoking ban doesn't effect them. You need to revisit and compromise the smoking ban to help Minnesota Bars & Taverns compete and stay in business.Buzz BaumanSt. Paul Park MN.651-459-2884
AN OPEN LETTER TO MR. JOHN STINE, DIRECTOR, ENVIRONMENTAL HEALTH DIVISION, MINNESOTA DEPARTMENT OF HEALTH
Please read the letter below from Mark to John Stine regarding Mr. Stine's letter that many of you received. A Word document of the letter is also attached to this e-mail. This letter will also be posted on the website www.freedomtoact.com . Later tonight I will be sending another update.
Sheila
AN OPEN LETTER TO MR. JOHN STINE, DIRECTOR, ENVIRONMENTAL HEALTH DIVISION, MINNESOTA DEPARTMENT OF HEALTH
Dear Mr. Stine,
A number of Minnesota bars have recently received your letter concerning Theater Night. You clearly state the opinion of the Minnesota Department of Health (MDH), namely that “’theater nights’ in bars do not fall within the theatrical production exemption of the MCIAA.” Your letter goes on to say:
Establishments that allow patrons and employees to smoke using the theatrical production exemption are violating the MCIAA regulations. Establishments electing to continue allowing patrons and employees to smoke indoors will be subject to formal enforcement procedures. The MCIAA regulations allow for both criminal and civil enforcement actions, including but not limited to, civil administrative penalties of up to $10,000 per violation. Establishments found in violation may also be subject to license suspension or revocation.
The Theater Night phenomenon has swept the state for more than four weeks now without a single ticket issued by a city police officer or a county sheriff.
Meanwhile, MDH fended off inquiries from the press for three weeks claiming that it was “conferring”, “consulting” and “studying the issue” with the Attorney General. And when the time came for release of the much-anticipated legal opinion, it came from MDH and not the Attorney General. We have learned that the “legal advice” upon which MDH relied did not come from the Attorney General. And MDH refuses to release a copy of the written legal opinion (if it even exists) upon which it relies.
Your letter makes reference to “formal enforcement procedures” that MDH will initiate (finally!) if establishments do not come into compliance. Since you have not informed the public about these procedures, I will.
Minnesota Statute 144.989 is known as the “Health Enforcement Consolidation Act”. Minnesota Statute 144.99 is titled “Enforcement”. Its subdivisions give your agency all of the legal tools it needs to enforce compliance with the smoking ban. To date, you have used none of them.
Like Subdivision 3 – “Correction orders” – that allows your commissioner to issue correction orders requiring a person to “correct a violation of the statutes, rules, and other actions listed in subdivision 1. The correction order must state the deficiencies that constitute the violation; the specific statute, rule, or other action; and the time by which the violation must be corrected.” Your letter doesn’t do that Mr. Stine.
Or Subdivision 4 – “Administrative penalty orders” – that allows your commissioner to “issue an order requiring violations to be corrected and administratively assessing monetary penalties for violations of the statutes, rules, and other actions listed in subdivision 1. The procedures in section 144.991 must be followed when issuing administrative penalty orders.” Your letter doesn’t do that either, Mr. Stine.
But let’s look at Minnesota Statute 144.991 so we can see what procedural process MDH has refused to invoke.
Subdivision 2 of that statute says the contents of an administrative 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; a statement of the amount of the administrative penalty to be imposed and the factors upon which the penalty is based; and
(3) a statement of the person's right to review of the order.
If the bar doesn’t agree with the allegations contained in the administrative penalty order, the bar is entitled to an expedited administrative hearing under Subdivision 5. At such a hearing, MDH would be required to prove that “theatrical productions” in bars is not in compliance with the MCIAA and is an illegal activity.
Assuming that the administrative law judge was to rule against the bar and in favor of MDH, the bar can appeal his/her decision under Minnesota Statute 14.63 which states:
Any person aggrieved by a final decision in a contested case is entitled to judicial review of the decision under the provisions of sections 14.63 to 14.68, but nothing in sections 14.63 to 14.68 shall be deemed to prevent resort to other means of review, redress, relief, or trial de novo provided by law. A petition for a writ of certiorari by an aggrieved person for judicial review under sections 14.63 to 14.68 must be filed with the Court of Appeals and served on the agency not more than 30 days after the party receives the final decision and order of the agency.
Given the constitutional issues involved here (a public health agency determining what constitutes a theatrical production), I think that it is highly likely that we would all end up at the Court of Appeals.
Mr. Stine, I am writing this to you as an “open letter” because I have found that the best way to confront bullying tactics is to do so openly. And there is little doubt in my mind that your letter is a bullying tactic.
Please have your agency avail itself of the law and enforce it as it sees fit. It is time to put up or shut up. Until then, the show must go on.
Sincerely yours,
Mark W. Benjamin
Attorney at Law
Criminal Defense, P.A.
237 Second Avenue SW, Suite 111
Cambridge, MN 55008
763-691-0900 (office)
763-670-9664 (mobile)
Sheila
AN OPEN LETTER TO MR. JOHN STINE, DIRECTOR, ENVIRONMENTAL HEALTH DIVISION, MINNESOTA DEPARTMENT OF HEALTH
Dear Mr. Stine,
A number of Minnesota bars have recently received your letter concerning Theater Night. You clearly state the opinion of the Minnesota Department of Health (MDH), namely that “’theater nights’ in bars do not fall within the theatrical production exemption of the MCIAA.” Your letter goes on to say:
Establishments that allow patrons and employees to smoke using the theatrical production exemption are violating the MCIAA regulations. Establishments electing to continue allowing patrons and employees to smoke indoors will be subject to formal enforcement procedures. The MCIAA regulations allow for both criminal and civil enforcement actions, including but not limited to, civil administrative penalties of up to $10,000 per violation. Establishments found in violation may also be subject to license suspension or revocation.
The Theater Night phenomenon has swept the state for more than four weeks now without a single ticket issued by a city police officer or a county sheriff.
Meanwhile, MDH fended off inquiries from the press for three weeks claiming that it was “conferring”, “consulting” and “studying the issue” with the Attorney General. And when the time came for release of the much-anticipated legal opinion, it came from MDH and not the Attorney General. We have learned that the “legal advice” upon which MDH relied did not come from the Attorney General. And MDH refuses to release a copy of the written legal opinion (if it even exists) upon which it relies.
Your letter makes reference to “formal enforcement procedures” that MDH will initiate (finally!) if establishments do not come into compliance. Since you have not informed the public about these procedures, I will.
Minnesota Statute 144.989 is known as the “Health Enforcement Consolidation Act”. Minnesota Statute 144.99 is titled “Enforcement”. Its subdivisions give your agency all of the legal tools it needs to enforce compliance with the smoking ban. To date, you have used none of them.
Like Subdivision 3 – “Correction orders” – that allows your commissioner to issue correction orders requiring a person to “correct a violation of the statutes, rules, and other actions listed in subdivision 1. The correction order must state the deficiencies that constitute the violation; the specific statute, rule, or other action; and the time by which the violation must be corrected.” Your letter doesn’t do that Mr. Stine.
Or Subdivision 4 – “Administrative penalty orders” – that allows your commissioner to “issue an order requiring violations to be corrected and administratively assessing monetary penalties for violations of the statutes, rules, and other actions listed in subdivision 1. The procedures in section 144.991 must be followed when issuing administrative penalty orders.” Your letter doesn’t do that either, Mr. Stine.
But let’s look at Minnesota Statute 144.991 so we can see what procedural process MDH has refused to invoke.
Subdivision 2 of that statute says the contents of an administrative 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; a statement of the amount of the administrative penalty to be imposed and the factors upon which the penalty is based; and
(3) a statement of the person's right to review of the order.
If the bar doesn’t agree with the allegations contained in the administrative penalty order, the bar is entitled to an expedited administrative hearing under Subdivision 5. At such a hearing, MDH would be required to prove that “theatrical productions” in bars is not in compliance with the MCIAA and is an illegal activity.
Assuming that the administrative law judge was to rule against the bar and in favor of MDH, the bar can appeal his/her decision under Minnesota Statute 14.63 which states:
Any person aggrieved by a final decision in a contested case is entitled to judicial review of the decision under the provisions of sections 14.63 to 14.68, but nothing in sections 14.63 to 14.68 shall be deemed to prevent resort to other means of review, redress, relief, or trial de novo provided by law. A petition for a writ of certiorari by an aggrieved person for judicial review under sections 14.63 to 14.68 must be filed with the Court of Appeals and served on the agency not more than 30 days after the party receives the final decision and order of the agency.
Given the constitutional issues involved here (a public health agency determining what constitutes a theatrical production), I think that it is highly likely that we would all end up at the Court of Appeals.
Mr. Stine, I am writing this to you as an “open letter” because I have found that the best way to confront bullying tactics is to do so openly. And there is little doubt in my mind that your letter is a bullying tactic.
Please have your agency avail itself of the law and enforce it as it sees fit. It is time to put up or shut up. Until then, the show must go on.
Sincerely yours,
Mark W. Benjamin
Attorney at Law
Criminal Defense, P.A.
237 Second Avenue SW, Suite 111
Cambridge, MN 55008
763-691-0900 (office)
763-670-9664 (mobile)
Buggs Bar Story
Buggs Bar
925 North Concord
South Saint Paul, MN 55075
651-455-2195
www.myspace.com/buggsbar
To Whom It May Concern:
I’m writing to express how our business has been affected since the smoking ban took place. Please let me give you a brief history of the saloon. My Father bought the bar 22 years ago, back then it wasn’t the nicest bar around. I remember growing up my Father would get up at 5 a.m. go and janitor at the bar, come home and pick me up for school, go back to the bar and bartend till I got out of school, pick me up, go home take a nap, eat dinner and bartend till 1 a.m. This is the hard work my Father put into the business. He has always thought that it would get passed down to me and Brother who is currently in Kuwait. The bar is completely different from 22 years ago, we are a friendly neighborhood saloon with pool tables, dart machines and we only serve pizza for food. We are very similar to a “Cheers”.
Our daytime bartender has been there for 10 years; she is 65 years old single woman and has been bartending for 30 years. She relies on her tips for her phone bill, rent and food. We had to cut her hours because lack of business. Our other bartender is a single Mom of 2 little girls and while her hours are still the same, her tips have dropped $150.00 per week. I am a Mother of a 17 month old girl, and my tips have dropped $100.00 per week. I count on my tips to buy diapers, food, clothes and my mortgage. We have all been affected by the ban. We have had to open later, cut hours and if we aren’t busy at night, we have to close. Our business has gone down by a third since the ban took affect. We also have charitable gambling in our bar. The organization is the Vietnam Vets of America. They usually every year give away 3 scholarships to students in the area and they have had to cut back to only 2 now. Our alcohol and liquor sales have dramatically decreased. Our sales tax is at the lowest it’s ever been. Our charitable gambling isn’t donating as much anymore. This has really hurt our business and we hope that you can see that the ban has affected so many people and it’s hard. We hope that you will consider this letter in your vote.
Thank you,
Crystal Bentson (Buggs Bar Manager)
925 North Concord
South Saint Paul, MN 55075
651-455-2195
www.myspace.com/buggsbar
To Whom It May Concern:
I’m writing to express how our business has been affected since the smoking ban took place. Please let me give you a brief history of the saloon. My Father bought the bar 22 years ago, back then it wasn’t the nicest bar around. I remember growing up my Father would get up at 5 a.m. go and janitor at the bar, come home and pick me up for school, go back to the bar and bartend till I got out of school, pick me up, go home take a nap, eat dinner and bartend till 1 a.m. This is the hard work my Father put into the business. He has always thought that it would get passed down to me and Brother who is currently in Kuwait. The bar is completely different from 22 years ago, we are a friendly neighborhood saloon with pool tables, dart machines and we only serve pizza for food. We are very similar to a “Cheers”.
Our daytime bartender has been there for 10 years; she is 65 years old single woman and has been bartending for 30 years. She relies on her tips for her phone bill, rent and food. We had to cut her hours because lack of business. Our other bartender is a single Mom of 2 little girls and while her hours are still the same, her tips have dropped $150.00 per week. I am a Mother of a 17 month old girl, and my tips have dropped $100.00 per week. I count on my tips to buy diapers, food, clothes and my mortgage. We have all been affected by the ban. We have had to open later, cut hours and if we aren’t busy at night, we have to close. Our business has gone down by a third since the ban took affect. We also have charitable gambling in our bar. The organization is the Vietnam Vets of America. They usually every year give away 3 scholarships to students in the area and they have had to cut back to only 2 now. Our alcohol and liquor sales have dramatically decreased. Our sales tax is at the lowest it’s ever been. Our charitable gambling isn’t donating as much anymore. This has really hurt our business and we hope that you can see that the ban has affected so many people and it’s hard. We hope that you will consider this letter in your vote.
Thank you,
Crystal Bentson (Buggs Bar Manager)
Wednesday, March 12, 2008
LA Times article start with NY gov callgirl scandal and then to "MN smoking theater"
Spitzer and sinning
template_bas
template_bas
The governor's alleged lapses only show that trying to ban vices doesn't stop people from partaking in them.
March 11, 2008
Only time, or leaks from a federal investigation, will tell what erotic refinements New York Gov. Eliot Spitzer was seeking when he allegedly paid "Kristen," an employee of the Emperors Club VIP escort service, more than $2,000 on Valentine's eve. But governors have been getting caught with prostitutes for about as long as there have been governors, and Spitzer's alleged lapses are notable mainly as evidence of a nationwide recrudescenceof personal vices that resist all efforts at eradication.
In Minnesota, a ban on smoking in bars and restaurants has given rise to a creative act of bad-for-you defiance. Citing a clause that allows theater actors to smoke as part of their performances, bars across the state have taken to holding "Before the Ban" theater nights, in which patrons are encouraged to come in costume, project their conversations at stage volume and pretend to be playing themselves. Health officials have panned the performances, threatening to impose hefty fines and revoke the liquor licenses of participating bars.
to read more http://www.latimes.com/news/printedition/asection/la-ed-vice11mar11,1,98010.story?ctrack=4&cset=true
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template_bas
The governor's alleged lapses only show that trying to ban vices doesn't stop people from partaking in them.
March 11, 2008
Only time, or leaks from a federal investigation, will tell what erotic refinements New York Gov. Eliot Spitzer was seeking when he allegedly paid "Kristen," an employee of the Emperors Club VIP escort service, more than $2,000 on Valentine's eve. But governors have been getting caught with prostitutes for about as long as there have been governors, and Spitzer's alleged lapses are notable mainly as evidence of a nationwide recrudescenceof personal vices that resist all efforts at eradication.
In Minnesota, a ban on smoking in bars and restaurants has given rise to a creative act of bad-for-you defiance. Citing a clause that allows theater actors to smoke as part of their performances, bars across the state have taken to holding "Before the Ban" theater nights, in which patrons are encouraged to come in costume, project their conversations at stage volume and pretend to be playing themselves. Health officials have panned the performances, threatening to impose hefty fines and revoke the liquor licenses of participating bars.
to read more http://www.latimes.com/news/printedition/asection/la-ed-vice11mar11,1,98010.story?ctrack=4&cset=true
Fw: Barnacles Story Greg - Another one to post. My story. Sheila Kromer
Sent: Thursday, March 06, 2008 2:18 PM
Subject: Barnacles Story
Since the smoking ban was enacted in October, I have watched our numbers slowly dwindle from a 6% loss in October to a 26% loss in January (our busiest month of the year). Please feel free to check my sales tax records. Prior to the ban, this trend was not happening and was going in the other direction. We have had to cut our employees hours and send them home early due to lack of customers in the bar. The band is playing on a Saturday night and there are less than 10 people in the bar. We are going to have to cut out our bands on the weekends..cannot afford them any longer. One day in October, I was out cleaning the garage and my husband came outside and said to me, "I was wondering where every one went", well here there were more people standing outside our bar (smoking) than there was in the bar. Approximatley 75% of our clientle smoke and 25 % do not, we have a lot of overhead and our smoking customers limit their time in our bar. You cannot blame them , it is way too cold up north by the lake to be standing outside when you can be nice and warm in your fish house relaxing and having a drink and smoke. We are worried about our customers in the winter time, even though we put salt down by the doors and entryways (because of the ice), several customers have slipped and fallen. One of these days someone will get hurt really bad if not tragically. We do our best to shovel and keep the walkways clear but sometimes mother nature just takes over and it is a losing battle. One of our employees has a small child and needs all the hours we can give her...but we just don't have the hours anymore and the tips of course are way down also since the customer base has dwindled. We have the same quantity of ice houses going out (if not slightly more) but less people coming into the bar and less time spent in the bar.
Sheila Kromer
Barnacles Resort
Subject: Barnacles Story
Since the smoking ban was enacted in October, I have watched our numbers slowly dwindle from a 6% loss in October to a 26% loss in January (our busiest month of the year). Please feel free to check my sales tax records. Prior to the ban, this trend was not happening and was going in the other direction. We have had to cut our employees hours and send them home early due to lack of customers in the bar. The band is playing on a Saturday night and there are less than 10 people in the bar. We are going to have to cut out our bands on the weekends..cannot afford them any longer. One day in October, I was out cleaning the garage and my husband came outside and said to me, "I was wondering where every one went", well here there were more people standing outside our bar (smoking) than there was in the bar. Approximatley 75% of our clientle smoke and 25 % do not, we have a lot of overhead and our smoking customers limit their time in our bar. You cannot blame them , it is way too cold up north by the lake to be standing outside when you can be nice and warm in your fish house relaxing and having a drink and smoke. We are worried about our customers in the winter time, even though we put salt down by the doors and entryways (because of the ice), several customers have slipped and fallen. One of these days someone will get hurt really bad if not tragically. We do our best to shovel and keep the walkways clear but sometimes mother nature just takes over and it is a losing battle. One of our employees has a small child and needs all the hours we can give her...but we just don't have the hours anymore and the tips of course are way down also since the customer base has dwindled. We have the same quantity of ice houses going out (if not slightly more) but less people coming into the bar and less time spent in the bar.
Sheila Kromer
Barnacles Resort
Fw: the bird's nest
Sent: Wednesday, March 05, 2008 9:20 PM
Subject: the bird's nest
This is just a short summery of the losses my business has had since the smoking ban went into effect. Since October 1st we are down at least 50% a month. The pull tabs are down 80%. I have owned the Bird's Nest for 20 years and had hoped to leave it to my son and retire this winter. With the business so bad I really have nothing to leave him. We are trying many different specials to get people in but they just don't stay. I have remortgaged my home in hopes of hanging on until things turn around but it sure looks grim. My place was worth 600,000 $ now I don't have a viable business to even sell. The smoking ban must be looked at for all the small bars, it has hurt all of us. Birdie Johnson Owner of The Bird's Nest
Subject: the bird's nest
This is just a short summery of the losses my business has had since the smoking ban went into effect. Since October 1st we are down at least 50% a month. The pull tabs are down 80%. I have owned the Bird's Nest for 20 years and had hoped to leave it to my son and retire this winter. With the business so bad I really have nothing to leave him. We are trying many different specials to get people in but they just don't stay. I have remortgaged my home in hopes of hanging on until things turn around but it sure looks grim. My place was worth 600,000 $ now I don't have a viable business to even sell. The smoking ban must be looked at for all the small bars, it has hurt all of us. Birdie Johnson Owner of The Bird's Nest
Fw: Old Bank Bar
Sent: Wednesday, March 05, 2008 7:14 PM
Subject: Old Bank Bar
Dear Sheila,
My name is Brian Walker and I am the owner of The Old BankBar and Grill in Lake City Minnesota, a small community of 5,000. We are a third generation bar and have been in business for 30 years. Since the smoking ban went into effect my business has suffered greatly. Since October 1st 2007, I have put $10.000.00 of my retirement savings into my business just to stay open, our sales have been down 30% to 40% and my wife Karen and I have not taken a pay check since the smoking ban went tnto effect. We are a boarder town with Wisconson just accross the river ( where they can Drink, Smoke and Gamble). We also have to compete with Treasure Island Casino only 20 miles away (where they also can Drink, Smoke, and Gamble). We were delighted to here that some Minnesota bars were taking part in the theatrical performance night and after talking to Mark Benjamin and reading your story had our own performance.
Subject: Old Bank Bar
Dear Sheila,
My name is Brian Walker and I am the owner of The Old BankBar and Grill in Lake City Minnesota, a small community of 5,000. We are a third generation bar and have been in business for 30 years. Since the smoking ban went into effect my business has suffered greatly. Since October 1st 2007, I have put $10.000.00 of my retirement savings into my business just to stay open, our sales have been down 30% to 40% and my wife Karen and I have not taken a pay check since the smoking ban went tnto effect. We are a boarder town with Wisconson just accross the river ( where they can Drink, Smoke and Gamble). We also have to compete with Treasure Island Casino only 20 miles away (where they also can Drink, Smoke, and Gamble). We were delighted to here that some Minnesota bars were taking part in the theatrical performance night and after talking to Mark Benjamin and reading your story had our own performance.
Ann Lake Bar & Grill Story
Subject: Ann Lake Bar & Grill Story
Ann lake Bar & Grill is located on Ann lake.
I am a non smoker...I gotta tell you that..but as a business owner this is killing us...we are going to have a real hard time making the mortgage payment this week end...I will end up writing a check and hope like hell I can cover it...damn...I am sure you folks have felt the same way.
We have had to switch food vendors because we longer have the money to pay at the time of delivery. The vendor we switched to has 30 day net.
We are dying on the vine here. We are behind in taxes and had to let help go.
Kay Stevens
Ann lake Bar & Grill is located on Ann lake.
I am a non smoker...I gotta tell you that..but as a business owner this is killing us...we are going to have a real hard time making the mortgage payment this week end...I will end up writing a check and hope like hell I can cover it...damn...I am sure you folks have felt the same way.
We have had to switch food vendors because we longer have the money to pay at the time of delivery. The vendor we switched to has 30 day net.
We are dying on the vine here. We are behind in taxes and had to let help go.
Kay Stevens
Tuesday, March 11, 2008
Smitty's & Border Bar Story
March 6th 2008
My name is Stacy Irwin. My husband ( Kevin Irwin) and I own and operate two bars in Minnesota.
They are Smitty's Bar-n-Grill in Chisago City MN, and The Border Bar-n-Grill in Taylors Falls, MN.
The Border Bar Smoking ban story:
The Border Bar-n-Grill is located just a "stones throw" from the Wisconsin border. Some people come into this bar and are not even sure if they are in Minnesota or Wisconsin. We have watched many people walk out when they realize they cannot smoke, and then realize how close they are to the smoking bars across the river. Some look sheepish and apologize when they leave without making any purchases, and some just walk right out. We hear time and time again how unfair people think this is. Our sales are down over 40% since the smoking ban went into effect. We have a beautiful, empty bar-
The bars across the river are busier than they have ever been. Several have gone on record saying how impressed they are at how good their businesses are doing. We take great pride in our businesses. Our bar has excellent burgers, a clean and friendly enviroment and many great specials. We have had to just sit back and watch while these Wisconsin bars have been "GIVEN" much of our business over a goverment passed law.
They don't even have to compete with us anymore. If they want to, they can raise their prices, have dirty bars, and serve "ok" food and just be handed over customers. Is this the American way? We have went into some of the neighboring Wisconsin bars and seen many of our customers sitting at the bar, smoking and drinking. They all say the same thing. "We want to smoke when we go to bar. Sorry". The non-smokers are gone too. They walk into an empty bar, see that nothing is going on, and then cross the river to go to the bars where the people and fun are. They are NOT sitting in empty bars enjoying the smoke-free enivorment!
The Smittys' Bar Smoking ban story.
Smitty's Bar-n-Grill
Our sales are down 20% since the smoking ban went into effect. Our bartenders have seen a decrease in the amount of tips that they are used to getting. Many customers will stop in to say hello, stay for a quick drink, and then go home or to a friends house, where they can enjoy a beer and cigarette. We added a very costly outdoor smoking patio, but with the harshness of Minnesota winters, people do not want to stand outside in the cold. This bar has been in business for over 40 years and has been a "Cheers" type bar. Blue collar workers come in after work to relax with friends and enjoy themselves. The smoking ban has made the whole atmosphere different. Soda Pop drinkers come in to eat and then they leave. Big money there- This is not what the basis of this bar has ever been. Many non-smokers have complained to us about the negative effects this ban has had on the bar.
A nail salon in the mall smells more toxic to most of these guys, and yet you can go to any mall in Minnesota and see a woman with her children in tow, getting fake nails put on. What about those nasty fumes and chemicals>? What about the employees working there, with their hands in toxins all day long? The consensus is this- Put a sign on the door saying something like this- "SMOKING IS ALLOWED HERE". "No One Under 18 ALLOWED". "Enter at your own risk". The bottom line is that it should be our choice! If other bars want to remain smoke free, good for them! It gives people choice! It is a great thing. Let us make this decision based on our own personal sales.
In closing I want to say that we are doing "Theater Night" at both of our bars. We have certain times that we are doing it, and we are impressed at how responsive our customers have been to it. Our sales have shown that the majority of our customers prefer to smoke while they are in the bar, or don't mind to be in a bar that has smoke. We have set times that we are not doing it, to cater to the non-smokers that are there on more of an "eating" basis. We feel that we should be able to make our own, "Smoking" and "Non-Smoking" times, based on our customers and our personal sales. Thanks for taking the time to listen. Sincerely,
Kevin and Stacy Irwin
My name is Stacy Irwin. My husband ( Kevin Irwin) and I own and operate two bars in Minnesota.
They are Smitty's Bar-n-Grill in Chisago City MN, and The Border Bar-n-Grill in Taylors Falls, MN.
The Border Bar Smoking ban story:
The Border Bar-n-Grill is located just a "stones throw" from the Wisconsin border. Some people come into this bar and are not even sure if they are in Minnesota or Wisconsin. We have watched many people walk out when they realize they cannot smoke, and then realize how close they are to the smoking bars across the river. Some look sheepish and apologize when they leave without making any purchases, and some just walk right out. We hear time and time again how unfair people think this is. Our sales are down over 40% since the smoking ban went into effect. We have a beautiful, empty bar-
The bars across the river are busier than they have ever been. Several have gone on record saying how impressed they are at how good their businesses are doing. We take great pride in our businesses. Our bar has excellent burgers, a clean and friendly enviroment and many great specials. We have had to just sit back and watch while these Wisconsin bars have been "GIVEN" much of our business over a goverment passed law.
They don't even have to compete with us anymore. If they want to, they can raise their prices, have dirty bars, and serve "ok" food and just be handed over customers. Is this the American way? We have went into some of the neighboring Wisconsin bars and seen many of our customers sitting at the bar, smoking and drinking. They all say the same thing. "We want to smoke when we go to bar. Sorry". The non-smokers are gone too. They walk into an empty bar, see that nothing is going on, and then cross the river to go to the bars where the people and fun are. They are NOT sitting in empty bars enjoying the smoke-free enivorment!
The Smittys' Bar Smoking ban story.
Smitty's Bar-n-Grill
Our sales are down 20% since the smoking ban went into effect. Our bartenders have seen a decrease in the amount of tips that they are used to getting. Many customers will stop in to say hello, stay for a quick drink, and then go home or to a friends house, where they can enjoy a beer and cigarette. We added a very costly outdoor smoking patio, but with the harshness of Minnesota winters, people do not want to stand outside in the cold. This bar has been in business for over 40 years and has been a "Cheers" type bar. Blue collar workers come in after work to relax with friends and enjoy themselves. The smoking ban has made the whole atmosphere different. Soda Pop drinkers come in to eat and then they leave. Big money there- This is not what the basis of this bar has ever been. Many non-smokers have complained to us about the negative effects this ban has had on the bar.
A nail salon in the mall smells more toxic to most of these guys, and yet you can go to any mall in Minnesota and see a woman with her children in tow, getting fake nails put on. What about those nasty fumes and chemicals>? What about the employees working there, with their hands in toxins all day long? The consensus is this- Put a sign on the door saying something like this- "SMOKING IS ALLOWED HERE". "No One Under 18 ALLOWED". "Enter at your own risk". The bottom line is that it should be our choice! If other bars want to remain smoke free, good for them! It gives people choice! It is a great thing. Let us make this decision based on our own personal sales.
In closing I want to say that we are doing "Theater Night" at both of our bars. We have certain times that we are doing it, and we are impressed at how responsive our customers have been to it. Our sales have shown that the majority of our customers prefer to smoke while they are in the bar, or don't mind to be in a bar that has smoke. We have set times that we are not doing it, to cater to the non-smokers that are there on more of an "eating" basis. We feel that we should be able to make our own, "Smoking" and "Non-Smoking" times, based on our customers and our personal sales. Thanks for taking the time to listen. Sincerely,
Kevin and Stacy Irwin
Tank's Bar & Restaurant Story
Hi Shiela, my name is Tom Marinaro I live in Babbitt Mn. and I own a bar called Tank’s Bar and Restaurant.
This ban has put a financial burden on me and my business since it took affect on October 1st of last year. Right now we are down 30% in sales in the bar since the ban went into effect. I have a mortgage of over $5,200.00 a month. I have not been able to cut myself a check since last October, and I have put my own money into the business. After we pay labor and everything else our checking account is in the red. I do not know how long I can go on this way without closing the doors. We live in a very rural place in northern Mn. And we only draw from the people that live in the area of about 1200 people.
We also built a restaurant in 2005 and I went non smoking from the start because it is in a separate building through a hallway and I don’t think anybody should smoke in a food preparation area. To make up the loss from the bar I have closed down one day a week in the restaurant and cut hours where I can on other days, the bar would carry the financial shortage in the restaurant before the smoking ban, but I cannot do this any longer. Since you found the theatrical loophole my business has improved in that short time. I know the state is loosing a lot of money from liquor tax that has already been allocated.
When they were talking about putting the ban on last October they said that it would not hurt the businesses that much because the non smokers would come in their. I have not seen anyone different in the bar since the ban.
I think this is against my constitutional rights. This is my business and they do not have the right to tell me how to run my business. I would like to see a class action suit on this.
Thank you very much Shiela.
Sincerely, Tom Marinaro
This ban has put a financial burden on me and my business since it took affect on October 1st of last year. Right now we are down 30% in sales in the bar since the ban went into effect. I have a mortgage of over $5,200.00 a month. I have not been able to cut myself a check since last October, and I have put my own money into the business. After we pay labor and everything else our checking account is in the red. I do not know how long I can go on this way without closing the doors. We live in a very rural place in northern Mn. And we only draw from the people that live in the area of about 1200 people.
We also built a restaurant in 2005 and I went non smoking from the start because it is in a separate building through a hallway and I don’t think anybody should smoke in a food preparation area. To make up the loss from the bar I have closed down one day a week in the restaurant and cut hours where I can on other days, the bar would carry the financial shortage in the restaurant before the smoking ban, but I cannot do this any longer. Since you found the theatrical loophole my business has improved in that short time. I know the state is loosing a lot of money from liquor tax that has already been allocated.
When they were talking about putting the ban on last October they said that it would not hurt the businesses that much because the non smokers would come in their. I have not seen anyone different in the bar since the ban.
I think this is against my constitutional rights. This is my business and they do not have the right to tell me how to run my business. I would like to see a class action suit on this.
Thank you very much Shiela.
Sincerely, Tom Marinaro
MDH Letter Update (Apparently the MN Department of Health send a "love letter" to bars in the state. Greg Lang)
Hello Everyone,
A little more "specifics" (from Mark Benjamin) on the MDH letter that a lot of you received. The letter your getting is a regurgitation of last week's press release. Who's purpose is to "inform" and "educate" Minnesota bar owners but its real purpose is to scare, intimidate and harass. This is not the letter that would start the formal process, in other words, it is not the letter that you would receive if you were not in compliance.
Mark will be responding to Mr. Stine, of the Environmental Health Division, by later tomorrow afternoon. I will forward Mark's response to each of you and also post it on the www.freedomtoact.com website.
The Show will go on!
Sheila Kromer
A little more "specifics" (from Mark Benjamin) on the MDH letter that a lot of you received. The letter your getting is a regurgitation of last week's press release. Who's purpose is to "inform" and "educate" Minnesota bar owners but its real purpose is to scare, intimidate and harass. This is not the letter that would start the formal process, in other words, it is not the letter that you would receive if you were not in compliance.
Mark will be responding to Mr. Stine, of the Environmental Health Division, by later tomorrow afternoon. I will forward Mark's response to each of you and also post it on the www.freedomtoact.com website.
The Show will go on!
Sheila Kromer
Lawyer Mark W Benjamin to speak to media Tuesday March 11, 11:30 AM
Sent: Monday, March 10, 2008 10:42 AM
Subject: PRESS RELEASE: Media Invitation to Speaking Engagement by Mark Benjamin on Theater Night
MARK W. BENJAMINCriminal Defense, P.A.237 Second Avenue SW, Suite 111Cambridge, MN 55008763-691-0900 (office)763-670-9664 (mobile)
Press Release
MEDIA INVITATION – SPEAKING ENGAGEMENT WITH MARK W. BENJAMIN: Mr. Benjamin to speak at conference of managers of metro-area VFWs and American Legions on Tuesday, March 11th at 11:30 a.m. regarding Theater Night exception to Minnesota’s smoking ban.
Location: VFW #230, 4446 Central Avenue NE, Columbia Heights, MN (763-788-8187)
For the past month, Theater Night (a previously little-known exception to Minnesota’s smoking ban) has captured the imagination of local, state, national and international news organizations. Law enforcement and the Minnesota Department of Health have been non-responsive (not a single ticket has been issued; not a single fine has been levied) but the public’s response has been anything but.
Angry letters and passionate commentary splash themselves across the editorial pages of our newspapers. Public health pundits solemnly issue grim and grave warnings that bar owners who engage in Theater Night endanger the lives of their patrons.
Lost in the, ahem, theatrics of Theater Night are the stories of small bar owners who reported a precipitous drop in customers and sales after October 1st when the smoking ban took effect. Some bars went bankrupt and closed. Others cut back hours and/or laid off bartenders and waitresses. The rosy and fanciful predictions of the 2007 Legislature, namely, that Minnesota bars would see more customers coming through the doors turned out to be tragically wrong.
Since the advent of Theater Night on February 9th, those same bars report their customers and sales bouncing back to pre-ban levels. They are now generating data to provide a compare and contrast between the economic desert of October 1 to February 1 and now. This is information we hope to provide to the Legislature so that the smoking ban might be amended – in several ways.
First, our veterans deserve to be fully-exempted from the smoking ban. Minnesota’s VFWs and Legions generously serve their communities with monies earned from food and beverage sales and charitable gambling revenue. Sadly, these monies dried up after the 1st of October. Our veterans are more deserving of an exception to the smoking ban than the performing artists of the Guthrie. Indeed, our veterans performed valiantly overseas on our behalf – and some of them gave their final performances. If we support our troops, then we just as surely should support our former troops.
Second, our small bar owners have been hit hard by the smoking ban. Last spring they warned the Legislature they would lose customers and money. They asked for a ventilation system or financial hardship exception. They got nothing.
And now some grumble that bars employing Theater Night to avoid economic oblivion are disrespecting the law. Others whine that the “spirit” of the law is being violated. We answer that our veterans and small bar owners have been disrespected. We respond that the spirit of this smoking ban is mean-spirited.
Because some would prefer not to hear the sad and sorrowful stories of bar owners tearfully laying off waitresses they saw baptized in their churches. Or the bartenders quitting school because their hours and tips have gone into the toilet. Or the former customers who now drink and smoke alone in their ice shacks on frozen Minnesota lakes. These people are financially frazzled, socially isolated and emotionally depressed.
We say that public health policy must be about more than clean air and pink lungs. It must also be about keeping company and green wallets. People who drink and smoke alone do not live as well or as long. People who lose their jobs and businesses do not live as well or as long. Surely the components of social and financial health are deserving of discussion when we make public health policy.
That is a discussion the Legislature and the Minnesota Department of Health do not want to have. We do. And we will continue to march loud and proud until that day comes.
In the meantime, the show must go on.
Subject: PRESS RELEASE: Media Invitation to Speaking Engagement by Mark Benjamin on Theater Night
MARK W. BENJAMINCriminal Defense, P.A.237 Second Avenue SW, Suite 111Cambridge, MN 55008763-691-0900 (office)763-670-9664 (mobile)
Press Release
MEDIA INVITATION – SPEAKING ENGAGEMENT WITH MARK W. BENJAMIN: Mr. Benjamin to speak at conference of managers of metro-area VFWs and American Legions on Tuesday, March 11th at 11:30 a.m. regarding Theater Night exception to Minnesota’s smoking ban.
Location: VFW #230, 4446 Central Avenue NE, Columbia Heights, MN (763-788-8187)
For the past month, Theater Night (a previously little-known exception to Minnesota’s smoking ban) has captured the imagination of local, state, national and international news organizations. Law enforcement and the Minnesota Department of Health have been non-responsive (not a single ticket has been issued; not a single fine has been levied) but the public’s response has been anything but.
Angry letters and passionate commentary splash themselves across the editorial pages of our newspapers. Public health pundits solemnly issue grim and grave warnings that bar owners who engage in Theater Night endanger the lives of their patrons.
Lost in the, ahem, theatrics of Theater Night are the stories of small bar owners who reported a precipitous drop in customers and sales after October 1st when the smoking ban took effect. Some bars went bankrupt and closed. Others cut back hours and/or laid off bartenders and waitresses. The rosy and fanciful predictions of the 2007 Legislature, namely, that Minnesota bars would see more customers coming through the doors turned out to be tragically wrong.
Since the advent of Theater Night on February 9th, those same bars report their customers and sales bouncing back to pre-ban levels. They are now generating data to provide a compare and contrast between the economic desert of October 1 to February 1 and now. This is information we hope to provide to the Legislature so that the smoking ban might be amended – in several ways.
First, our veterans deserve to be fully-exempted from the smoking ban. Minnesota’s VFWs and Legions generously serve their communities with monies earned from food and beverage sales and charitable gambling revenue. Sadly, these monies dried up after the 1st of October. Our veterans are more deserving of an exception to the smoking ban than the performing artists of the Guthrie. Indeed, our veterans performed valiantly overseas on our behalf – and some of them gave their final performances. If we support our troops, then we just as surely should support our former troops.
Second, our small bar owners have been hit hard by the smoking ban. Last spring they warned the Legislature they would lose customers and money. They asked for a ventilation system or financial hardship exception. They got nothing.
And now some grumble that bars employing Theater Night to avoid economic oblivion are disrespecting the law. Others whine that the “spirit” of the law is being violated. We answer that our veterans and small bar owners have been disrespected. We respond that the spirit of this smoking ban is mean-spirited.
Because some would prefer not to hear the sad and sorrowful stories of bar owners tearfully laying off waitresses they saw baptized in their churches. Or the bartenders quitting school because their hours and tips have gone into the toilet. Or the former customers who now drink and smoke alone in their ice shacks on frozen Minnesota lakes. These people are financially frazzled, socially isolated and emotionally depressed.
We say that public health policy must be about more than clean air and pink lungs. It must also be about keeping company and green wallets. People who drink and smoke alone do not live as well or as long. People who lose their jobs and businesses do not live as well or as long. Surely the components of social and financial health are deserving of discussion when we make public health policy.
That is a discussion the Legislature and the Minnesota Department of Health do not want to have. We do. And we will continue to march loud and proud until that day comes.
In the meantime, the show must go on.
Sunday, March 9, 2008
Update 03-09-08 from lawyer Mark W. Benjamine and Barnacles Sheila Kromer
Hello Everyone,
Please visit Greg Lang's website http://freedomtoact.com for an update. (Reminder - Thank him for his efforts.)
Newest items of interest on the website are:
- Mark Benjamin's News Release (in response to the Minnesota Department of Health's news release)
- USA Today Article
- MPR radio interview
- Vet Story
- Bar Owners Defend Their Theatre Night (Grand Rapids Review Article)
Other items of interest.
Larry Howes has introduced legislation for smoking exemptions (HF3818) and it was read and referred to the Health Committee. Now with that said, the bill forgot to include small bars and Larry is aware of this and will be revising it. Also, Rep. Tom Huntley is the chair person of this committee and he doesn't have to hear it...in other words...he can just let it sit there.
It is imperative that while holding theater nights that we follow the letter of the law to a T ! Once the performance is over (as stated on your posters & playbills), all performers MUST put out their cigerettes or you could get a fine. A smoker had a lit cigarette going AFTER closing - which is AFTER the "theatrical production". This only works if each owner/director declares "Lights Out" at closing. Otherwise, a successful ticket WILL be issued.
Beware of rumors! There have been several rumors floating around about bars getting fines....they are not true...they were checked out. So, if you hear of a rumor shoot me an e-mail and Mark or I will investigate.
NO fines have been issued to date.
Special Thanks go out to Lisa (Hill City), Deb Davey (Gilbert), Gidget (Vadnais Heights), Brian (Maplewood), Linda (Oglivie) and Birdie (Garrison). They have helped tremondously in getting the word out and helping fellow bar owners. And thanks to all of those who we are not aware of.
Thanks
BREAK A LEG!
Sheila Kromer & Mark Benjamin
Please visit Greg Lang's website http://freedomtoact.com for an update. (Reminder - Thank him for his efforts.)
Newest items of interest on the website are:
- Mark Benjamin's News Release (in response to the Minnesota Department of Health's news release)
- USA Today Article
- MPR radio interview
- Vet Story
- Bar Owners Defend Their Theatre Night (Grand Rapids Review Article)
Other items of interest.
Larry Howes has introduced legislation for smoking exemptions (HF3818) and it was read and referred to the Health Committee. Now with that said, the bill forgot to include small bars and Larry is aware of this and will be revising it. Also, Rep. Tom Huntley is the chair person of this committee and he doesn't have to hear it...in other words...he can just let it sit there.
It is imperative that while holding theater nights that we follow the letter of the law to a T ! Once the performance is over (as stated on your posters & playbills), all performers MUST put out their cigerettes or you could get a fine. A smoker had a lit cigarette going AFTER closing - which is AFTER the "theatrical production". This only works if each owner/director declares "Lights Out" at closing. Otherwise, a successful ticket WILL be issued.
Beware of rumors! There have been several rumors floating around about bars getting fines....they are not true...they were checked out. So, if you hear of a rumor shoot me an e-mail and Mark or I will investigate.
NO fines have been issued to date.
Special Thanks go out to Lisa (Hill City), Deb Davey (Gilbert), Gidget (Vadnais Heights), Brian (Maplewood), Linda (Oglivie) and Birdie (Garrison). They have helped tremondously in getting the word out and helping fellow bar owners. And thanks to all of those who we are not aware of.
Thanks
BREAK A LEG!
Sheila Kromer & Mark Benjamin
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