Sorry about format. Greg
>>To: All representatives >> My name is Lisa Anderson, I have owned and operated Mike's Uptown Liquor >> in Hill City for 11 years. I am a Law abiding citizen who is very active >> in my Community and my local church. I am vice president of my local >> chamber of commerce and have always done a great job of keeping my >> business and personal life separate as I am also a single mother of two >> beautiful baby girls. I come from a family who was raised to take voting >> very seriously I believe we live in a great country that was based on >> FREEDOM! My business is down 36 percent, my family is suffering, my >> employees are suffering, their kids are suffering, my house DJ is no >> longer employed, and it is getting hard to pay the mortgage. I have 2 >> single mothers, a newly married mother with a baby on the way, a >> grandmother whose daughter and granddaughter live with her and another >> single women who lives alone, all scared of what we are going to do if >> things do not change (and only one of them smoke). Their hours have been >> cut, tips are down, and we are closing early. Our heat and electric bills >> have sky rocketed due to the doors opening all the time. I live in a town >> with a population of 469 people, when 75 percent of your customers smoke >> we are left pretty empty when they all choose to stay home alone and stay >> warm! I have not seen any non smokers coming out due to the ban being in >> effect just the opposite we see no one! I have never been on welfare but >> I guess free groceries, low rent housing, medical insurance, college and >> daycare for my kids won't be so bad, at least we have that choice since >> we have no others. As a property owner and taxpayer who votes every >> election and can not even decide what goes on legally in their own >> establishments, I suppose working hard all these years entitles me to >> that, just makes me feel horrible that I was raised to take care of our >> own, and not let others foot the bill for us. But since we did elect you >> our representives to take care of us, tell me what are you going to do? >> Why can we not have a room with four walls, where it is warm, with a >> couple tables where customers can sit with their cocktails and visit? >> Waitstaff need not enter if that is the issue. Or if you are out to >> protect all Minnesotans why are Minnesotans allowed to enter casinos? >> Because they are adults and can make their own decisions? Hmmm I guess >> that's only when other people decide you can make your own decisions! So >> in closing I am writing to ask you to please reconsider and give us hard >> working people of Minnesota a Choice, an alternative to losing everything >> we have worked so very hard for. >>> Thank you so much for listening to my story. Lisa Anderson >>> Sent from my BlackBerry® device from Cellular One
Tuesday, March 18, 2008
Theater nights threat at Sabins in Chisholm
MY comments in red, Greg Lang of http://freedomtoact.com and this blog.
All such actions should be reported and a log kept. I am not a lawyer but I would suggest a voice recorder device be used in all discussions with the government agents that you might deem to be "hostile". Go "by the numbers" and inform the public official that they are being recorded. Make them agree "on tape" with this. Basically, unless it is part of a FORMAL criminal investigation or something very personal (like a disease transmission report that covers something like tracking a sexually transmitted disease or "bird flue") The MN Department of Health has great powers for imminent "epidemic" threats but if they try to use them for something like "secondhand smoke" this is a dramatic abuse of power in the current legal environment of "smoke theater".
There are assorted legal strategies to fight this but if the city gets "thuggish" and for example, threatened unrelated punitive actions and it fails the government agency faces regular and punitive damages plus reasonable legal fees from the plaintiffs.
I hope it doesn't come to this but we are not "goofballs" doing "street theater" dramatics
On my own I have devised a legal strategy. As I see it the best solution is for local governments to allow well posted "smoking bars" subject to a reasonable licence structure.. I don't see urban municipalities opting this option. It's ironic because the urban areas offer a lot more entertainment options. Even on the iron range one story posted here quote a non-smoking pizza place. From my reading even t he local smokers respected this "non smoking" establishment status. Just my two cents work Greg Lang
Greg - Can We Post
----- Original Message -----
From: Terry Horridge
To: markbenjamin@msn.com ; sheiladk@comcast.net
Sent: Monday, March 17, 2008 8:56 PM
Subject: Theater night threats
Sheila and Mark,
My husband and I own Sabins bar in Chisholm, on the iron range. We started hosting theater nights 3 weeks ago, with the assistance of Doug Fochi from the Sports Palace in Virginia. We are the only ones in a town with 9 bars that has been hosting them. Our business increased immediately, and has been up ever since. Instead of laying off a bartender, and reducing our hours we were able to hire another one. The Chisholm police were just here and we were told that if we do not stop our patrons from smoking that they will issue us a ticket, our patrons tickets, as well as our bartender. The officer said that this is coming from the chief of police, and the health department who them they have to enforce the smoking ban. The officer said they will be back tonight, and keep coming back until we stop. At the time the police arrived, there were about 40 patrons here. There are now 9 people at the bar. We are having a St Patricks day celebration tonight, and have even hired a band. I would like to point out that before the smoking ban we were doing just fine. As soon as the smoking ban took effect on Oct 1, our income from the bar dropped by about 60 percent, and we started having trouble paying the bills. Not only did the law put our business in a tailspin, it also made it virtually worthless. Who would want to invest in a bar now?? We don't want to break the law, and if we thought we were, we would not be hosting theater nights. As I'm sure most bar owners on the iron range would agree, we never expected to get rich, we just want to make a living. I would like to thank you and Mark Benjamin for everything you have done, and know that we intend to continue with theater nights as long as we can.
Kind Regards,
Mike and Terri Horridge
Sabins Bar
2 West Lake St.
Chisholm MN 55719
218-254-2318
thorridge@fnbcnet.com
All such actions should be reported and a log kept. I am not a lawyer but I would suggest a voice recorder device be used in all discussions with the government agents that you might deem to be "hostile". Go "by the numbers" and inform the public official that they are being recorded. Make them agree "on tape" with this. Basically, unless it is part of a FORMAL criminal investigation or something very personal (like a disease transmission report that covers something like tracking a sexually transmitted disease or "bird flue") The MN Department of Health has great powers for imminent "epidemic" threats but if they try to use them for something like "secondhand smoke" this is a dramatic abuse of power in the current legal environment of "smoke theater".
There are assorted legal strategies to fight this but if the city gets "thuggish" and for example, threatened unrelated punitive actions and it fails the government agency faces regular and punitive damages plus reasonable legal fees from the plaintiffs.
I hope it doesn't come to this but we are not "goofballs" doing "street theater" dramatics
On my own I have devised a legal strategy. As I see it the best solution is for local governments to allow well posted "smoking bars" subject to a reasonable licence structure.. I don't see urban municipalities opting this option. It's ironic because the urban areas offer a lot more entertainment options. Even on the iron range one story posted here quote a non-smoking pizza place. From my reading even t he local smokers respected this "non smoking" establishment status. Just my two cents work Greg Lang
Greg - Can We Post
----- Original Message -----
From: Terry Horridge
To: markbenjamin@msn.com ; sheiladk@comcast.net
Sent: Monday, March 17, 2008 8:56 PM
Subject: Theater night threats
Sheila and Mark,
My husband and I own Sabins bar in Chisholm, on the iron range. We started hosting theater nights 3 weeks ago, with the assistance of Doug Fochi from the Sports Palace in Virginia. We are the only ones in a town with 9 bars that has been hosting them. Our business increased immediately, and has been up ever since. Instead of laying off a bartender, and reducing our hours we were able to hire another one. The Chisholm police were just here and we were told that if we do not stop our patrons from smoking that they will issue us a ticket, our patrons tickets, as well as our bartender. The officer said that this is coming from the chief of police, and the health department who them they have to enforce the smoking ban. The officer said they will be back tonight, and keep coming back until we stop. At the time the police arrived, there were about 40 patrons here. There are now 9 people at the bar. We are having a St Patricks day celebration tonight, and have even hired a band. I would like to point out that before the smoking ban we were doing just fine. As soon as the smoking ban took effect on Oct 1, our income from the bar dropped by about 60 percent, and we started having trouble paying the bills. Not only did the law put our business in a tailspin, it also made it virtually worthless. Who would want to invest in a bar now?? We don't want to break the law, and if we thought we were, we would not be hosting theater nights. As I'm sure most bar owners on the iron range would agree, we never expected to get rich, we just want to make a living. I would like to thank you and Mark Benjamin for everything you have done, and know that we intend to continue with theater nights as long as we can.
Kind Regards,
Mike and Terri Horridge
Sabins Bar
2 West Lake St.
Chisholm MN 55719
218-254-2318
thorridge@fnbcnet.com
Monday, March 17, 2008
Update from Shiela of Barnacles.
Hello Everyone,
A few items of interest are posted below. Most of these will be posted on the http://www.freedomtoact.com/ website. There are other items posted as well so please continue to check the wesite for updates.
Some items are linked on the front page and others are found in the http://freedomtoact.blogspot.com/ (link is near the top of the page beneath the FreedomToAct.com title).
As most of you know, a ticket has been issued to Tank's Bar in Babbitt as well as one of his customers. Finally, it will be going to court....a much needed change of events. Hopefully, the threats will stop as everyone waits to see the outcome of the court case. However, they may not. So, if anyone is being threatened please let Mark and/or I know and we will follow up. I know that Sue from Polish Palace was threatened with the removal of her food license and so she has stopped the theater nights temporarily. We, at Barnacles, have had no threats. We are continuing with our theater nights. Even if threats were issued against us...we would not stop theater nights but bring it to court as Tom & Marie at Tanks has done. We completely understand that this situation is not for everyone and everyone must do as they feel best for their establishment. We have a lot of support and momentum out there, so lets keep it going in any way we can! Just a note to Tom & Marie - We are with you and lend our support to you in any way we can.
We can all play a part!
Sheila Kromer & Mark Benjamin
(Please forward & pass along this Update. Also, please note the links (at the end) to your legislators.)
Forces Article (Updated 3-16-08 Includes Mark Benjamin, The Rock & Tank's Bar)
http://forces.org/News_Portal/news_viewer.php?id=919
Rock Night Club Word
See "Maplewood Rock nightclub word + my spiel" (on http://www.freedomtoact.com/ website front page)
Link to Duluth WDIO News Video 11-15-08 (First ticket Issued)
http://www.wdio.com/article/stories/S380243.shtml?cat=10335&v=1
Link to KSTP 5 News Video 11-15-08 (First ticket Issued)
http://kstp.com/article/stories/S380283.shtml?cat=1
Editorial: A bad review for bars' 'theater' nights (Star & Tribune 3-16-08 & Greg's Comment)http://www.startribune.com/opinion/editorials/16691746.html
http://freedomtoact.blogspot.com/2008/03/my-girlfriend-dragged-me-out-of-house.html
Duluth News Tribune Article (3-15-08)
http://www.duluthnewstribune.com/articles/index.cfm?id=62488§ion=News
OUR OPINION: SMOKING brainerd dispatch 3-14-08
Fix the loophole
http://www.brainerddispatch.com/stories/031408/opi_20080314024.shtml
Letter to the Commissioner of the Minnesota Department of Health from Christina in Gilbert:To: markbenjamin@msn.comSubject: "Act Now"From: cdecent@excite.comDate: Sat, 15 Mar 2008 14:36:25 -0400
I have been following the "Act Now" campaign daily. Finally! I'm tired of the government stepping on our liberties at an ever increasing rate. I sent a the following letter to the Commissioner of the Minnesota Department of Health today expressing my views:I read in the Mesabi Daily News that you claim it is your responsibility to ensure that Minnesota bar owners and bar tenders provide a healthy environment for their patrons by enforcing the Freedom to Breath Act. Unless a patron is visiting a bar for a daily glass of red wine, he or she is not looking for a "healthy" experience. The taboo smokers face today is no less than that of persons who drink by those who never drink. I read a study during the "Big Tobacco" lawsuit that shows that about 40% of Minnesotans are smokers - barely a minority and surely enough to get a politician elected! All laws are not in the best interest of a free society (Prohibition, anyone?). Theater Night is a legitimate loophole left in a faulty Act that provides relief to both bar owners and smokers. Not legitimate? Tell that to all of us bar patrons in "North Country". Theater Night also increases state revenue through increases in liquor sales taxes and increased income tax paid by bar owners. In a time where the state is reaching into every pocket for more revenue, they should not be turning away these funds. Where do your salaries come from, anyway? Hopefully not from the liquor sales tax, cigarette tax, or income tax from smokers or bar owners.Although not required, I provided my name and email address in the spaces provided. Is there anything that we can do to continue to fight this intrusion on our rights by the Health Department? It is my understanding that only they can interpret the word "art" and issue fines to performers and bar owners. Many of us are willing unite in this cause! All we need is direction and leadership.Thank you for your ongoing support.Christina DeCentPO Box 772Gilbert, MN 55741
Minnesota Lawyer Magazine Article
Bar Buzz
by Minnesota Lawyer Staff Reporter
And all the men and women merely smokers, errr, playersCambridge attorney Mark Benjamin made Bar Buzz’s definition of the big time last week when he was interviewed by our favorite Canadian journalist, Barbara Budd, on the Canadian Broadcast Corporations radio program, “As It Happens.”Referring to Minnesota’s smoking ban, Budd remarked, “In this case, the law may prove to be an ash.”Benjamin, as you may know, is the attorney who brought you the Traveling Tobacco Troupe, which organizes “Theater Nights” in local bars where the patrons, errr, actors can smoke legally.The smoking ban law contains an exception for theatrical productions. But it seems the legislators forgot to define what constitutes a “theatrical production.”“As Shakespeare wrote, ‘All the world’s a stage,’” Benjamin told Bar Buzz.
Benjamin’s “plays” are about the social and economic costs of the smoking bans. He said the term “public health” needs to be about more than just clean air. “People who are financially stressed do not live as well or as long. People who do not maintain their social connections with their friends and neighbors at their small town bar do not live as well or as long. Economic health and social health are deserving of discussion when we talk about the health of the public. We are asking the Legislature to engage us in that discussion,” he said.Benjamin said that he generally doesn’t spend much time in bars himself, but he feels for the owners of bars who are going under because of the ban.“After you get past the festivities, the real story is about these mom and pop bars,” Benjamin said.As for getting the phone call from As It Happens, Benajmin reports, “I was so honored. I love that show.”
KSTP 5 News Video The Rock Night Club 3-14-08
The Rock Night Club was on the news tonight 3-14-08. According to the video they do not want to discuss the law only the "spirit" or "intent" of the law.
Click on Full Article and then watch the video next to the article.
Full Article
Below are links to Contact your legislators (The "Links" are to original government pages. The "stored versions" preserve hyperlinks and also print out well).:
A list of Minnesota State House Representatives: A list of Minnesota State Senators: (Note: links didn't work. Here is MN house and senate main info page. http://geo.commissions.leg.state.mn.us/districts/start.html
A few items of interest are posted below. Most of these will be posted on the http://www.freedomtoact.com/ website. There are other items posted as well so please continue to check the wesite for updates.
Some items are linked on the front page and others are found in the http://freedomtoact.blogspot.com/ (link is near the top of the page beneath the FreedomToAct.com title).
As most of you know, a ticket has been issued to Tank's Bar in Babbitt as well as one of his customers. Finally, it will be going to court....a much needed change of events. Hopefully, the threats will stop as everyone waits to see the outcome of the court case. However, they may not. So, if anyone is being threatened please let Mark and/or I know and we will follow up. I know that Sue from Polish Palace was threatened with the removal of her food license and so she has stopped the theater nights temporarily. We, at Barnacles, have had no threats. We are continuing with our theater nights. Even if threats were issued against us...we would not stop theater nights but bring it to court as Tom & Marie at Tanks has done. We completely understand that this situation is not for everyone and everyone must do as they feel best for their establishment. We have a lot of support and momentum out there, so lets keep it going in any way we can! Just a note to Tom & Marie - We are with you and lend our support to you in any way we can.
We can all play a part!
Sheila Kromer & Mark Benjamin
(Please forward & pass along this Update. Also, please note the links (at the end) to your legislators.)
Forces Article (Updated 3-16-08 Includes Mark Benjamin, The Rock & Tank's Bar)
http://forces.org/News_Portal/news_viewer.php?id=919
Rock Night Club Word
See "Maplewood Rock nightclub word + my spiel" (on http://www.freedomtoact.com/ website front page)
Link to Duluth WDIO News Video 11-15-08 (First ticket Issued)
http://www.wdio.com/article/stories/S380243.shtml?cat=10335&v=1
Link to KSTP 5 News Video 11-15-08 (First ticket Issued)
http://kstp.com/article/stories/S380283.shtml?cat=1
Editorial: A bad review for bars' 'theater' nights (Star & Tribune 3-16-08 & Greg's Comment)http://www.startribune.com/opinion/editorials/16691746.html
http://freedomtoact.blogspot.com/2008/03/my-girlfriend-dragged-me-out-of-house.html
Duluth News Tribune Article (3-15-08)
http://www.duluthnewstribune.com/articles/index.cfm?id=62488§ion=News
OUR OPINION: SMOKING brainerd dispatch 3-14-08
Fix the loophole
http://www.brainerddispatch.com/stories/031408/opi_20080314024.shtml
Letter to the Commissioner of the Minnesota Department of Health from Christina in Gilbert:To: markbenjamin@msn.comSubject: "Act Now"From: cdecent@excite.comDate: Sat, 15 Mar 2008 14:36:25 -0400
I have been following the "Act Now" campaign daily. Finally! I'm tired of the government stepping on our liberties at an ever increasing rate. I sent a the following letter to the Commissioner of the Minnesota Department of Health today expressing my views:I read in the Mesabi Daily News that you claim it is your responsibility to ensure that Minnesota bar owners and bar tenders provide a healthy environment for their patrons by enforcing the Freedom to Breath Act. Unless a patron is visiting a bar for a daily glass of red wine, he or she is not looking for a "healthy" experience. The taboo smokers face today is no less than that of persons who drink by those who never drink. I read a study during the "Big Tobacco" lawsuit that shows that about 40% of Minnesotans are smokers - barely a minority and surely enough to get a politician elected! All laws are not in the best interest of a free society (Prohibition, anyone?). Theater Night is a legitimate loophole left in a faulty Act that provides relief to both bar owners and smokers. Not legitimate? Tell that to all of us bar patrons in "North Country". Theater Night also increases state revenue through increases in liquor sales taxes and increased income tax paid by bar owners. In a time where the state is reaching into every pocket for more revenue, they should not be turning away these funds. Where do your salaries come from, anyway? Hopefully not from the liquor sales tax, cigarette tax, or income tax from smokers or bar owners.Although not required, I provided my name and email address in the spaces provided. Is there anything that we can do to continue to fight this intrusion on our rights by the Health Department? It is my understanding that only they can interpret the word "art" and issue fines to performers and bar owners. Many of us are willing unite in this cause! All we need is direction and leadership.Thank you for your ongoing support.Christina DeCentPO Box 772Gilbert, MN 55741
Minnesota Lawyer Magazine Article
Bar Buzz
by Minnesota Lawyer Staff Reporter
And all the men and women merely smokers, errr, playersCambridge attorney Mark Benjamin made Bar Buzz’s definition of the big time last week when he was interviewed by our favorite Canadian journalist, Barbara Budd, on the Canadian Broadcast Corporations radio program, “As It Happens.”Referring to Minnesota’s smoking ban, Budd remarked, “In this case, the law may prove to be an ash.”Benjamin, as you may know, is the attorney who brought you the Traveling Tobacco Troupe, which organizes “Theater Nights” in local bars where the patrons, errr, actors can smoke legally.The smoking ban law contains an exception for theatrical productions. But it seems the legislators forgot to define what constitutes a “theatrical production.”“As Shakespeare wrote, ‘All the world’s a stage,’” Benjamin told Bar Buzz.
Benjamin’s “plays” are about the social and economic costs of the smoking bans. He said the term “public health” needs to be about more than just clean air. “People who are financially stressed do not live as well or as long. People who do not maintain their social connections with their friends and neighbors at their small town bar do not live as well or as long. Economic health and social health are deserving of discussion when we talk about the health of the public. We are asking the Legislature to engage us in that discussion,” he said.Benjamin said that he generally doesn’t spend much time in bars himself, but he feels for the owners of bars who are going under because of the ban.“After you get past the festivities, the real story is about these mom and pop bars,” Benjamin said.As for getting the phone call from As It Happens, Benajmin reports, “I was so honored. I love that show.”
KSTP 5 News Video The Rock Night Club 3-14-08
The Rock Night Club was on the news tonight 3-14-08. According to the video they do not want to discuss the law only the "spirit" or "intent" of the law.
Click on Full Article and then watch the video next to the article.
Full Article
Below are links to Contact your legislators (The "Links" are to original government pages. The "stored versions" preserve hyperlinks and also print out well).:
A list of Minnesota State House Representatives: A list of Minnesota State Senators: (Note: links didn't work. Here is MN house and senate main info page. http://geo.commissions.leg.state.mn.us/districts/start.html
Letter with lawyer Mark Benjamins reply on top
Sent: Saturday, March 15, 2008 1:51 PM
Subject: RE: "Act Now"
Hi Christina --Thanks for your support. Log on to our website freedomtoact.com to get up to date reports. The site also has a list of legislators. We are encouraging everyone to write and call their state representative and senator and let them know how unfair and unjust the current ban is. Two days ago, identical bills were introduced in the House and Senate amending the smoking ban to allow veterans to smoke in their clubs and bar owners to install ventilation systems.Speak up and Act Now! Christina.-- Mark Benjamin
To: markbenjamin@msn.comSubject: "Act Now"From: cdecent@excite.comDate: Sat, 15 Mar 2008 14:36:25 -0400
I have been following the "Act Now" campaign daily. Finally! I'm tired of the government stepping on our liberties at an ever increasing rate. I sent a the following letter to the Commissioner of the Minnesota Department of Health today expressing my views:I read in the Mesabi Daily News that you claim it is your responsibility to ensure that Minnesota bar owners and bar tenders provide a healthy environment for their patrons by enforcing the Freedom to Breath Act. Unless a patron is visiting a bar for a daily glass of red wine, he or she is not looking for a "healthy" experience. The taboo smokers face today is no less than that of persons who drink by those who never drink. I read a study during the "Big Tobacco" lawsuit that shows that about 40% of Minnesotans are smokers - barely a minority and surely enough to get a politician elected! All laws are not in the best interest of a free society (Prohibition, anyone?). Theater Night is a legitimate loophole left in a faulty Act that provides relief to both bar owners and smokers. Not legitimate? Tell that to all of us bar patrons in "North Country". Theater Night also increases state revenue through increases in liquor sales taxes and increased income tax paid by bar owners. In a time where the state is reaching into every pocket for more revenue, they should not be turning away these funds. Where do your salaries come from, anyway? Hopefully not from the liquor sales tax, cigarette tax, or income tax from smokers or bar owners.Although not required, I provided my name and email address in the spaces provided. Is there anything that we can do to continue to fight this intrusion on our rights by the Health Department? It is my understanding that only they can interpret the word "art" and issue fines to performers and bar owners. Many of us are willing unite in this cause! All we need is direction and leadership.Thank you for your ongoing support.Christina DeCentPO Box 772Gilbert, MN 55741cdecent@excite.com
Subject: RE: "Act Now"
Hi Christina --Thanks for your support. Log on to our website freedomtoact.com to get up to date reports. The site also has a list of legislators. We are encouraging everyone to write and call their state representative and senator and let them know how unfair and unjust the current ban is. Two days ago, identical bills were introduced in the House and Senate amending the smoking ban to allow veterans to smoke in their clubs and bar owners to install ventilation systems.Speak up and Act Now! Christina.-- Mark Benjamin
To: markbenjamin@msn.comSubject: "Act Now"From: cdecent@excite.comDate: Sat, 15 Mar 2008 14:36:25 -0400
I have been following the "Act Now" campaign daily. Finally! I'm tired of the government stepping on our liberties at an ever increasing rate. I sent a the following letter to the Commissioner of the Minnesota Department of Health today expressing my views:I read in the Mesabi Daily News that you claim it is your responsibility to ensure that Minnesota bar owners and bar tenders provide a healthy environment for their patrons by enforcing the Freedom to Breath Act. Unless a patron is visiting a bar for a daily glass of red wine, he or she is not looking for a "healthy" experience. The taboo smokers face today is no less than that of persons who drink by those who never drink. I read a study during the "Big Tobacco" lawsuit that shows that about 40% of Minnesotans are smokers - barely a minority and surely enough to get a politician elected! All laws are not in the best interest of a free society (Prohibition, anyone?). Theater Night is a legitimate loophole left in a faulty Act that provides relief to both bar owners and smokers. Not legitimate? Tell that to all of us bar patrons in "North Country". Theater Night also increases state revenue through increases in liquor sales taxes and increased income tax paid by bar owners. In a time where the state is reaching into every pocket for more revenue, they should not be turning away these funds. Where do your salaries come from, anyway? Hopefully not from the liquor sales tax, cigarette tax, or income tax from smokers or bar owners.Although not required, I provided my name and email address in the spaces provided. Is there anything that we can do to continue to fight this intrusion on our rights by the Health Department? It is my understanding that only they can interpret the word "art" and issue fines to performers and bar owners. Many of us are willing unite in this cause! All we need is direction and leadership.Thank you for your ongoing support.Christina DeCentPO Box 772Gilbert, MN 55741cdecent@excite.com
Polish Palace threatened. Halts smokin theater.
Subject: Re: Important Update - Theater Night
The Morrison County Health Department theatened to pull my food license. I put my theater on hold.
Sue Kiley - Polish Palace
The Morrison County Health Department theatened to pull my food license. I put my theater on hold.
Sue Kiley - Polish Palace
Sunday, March 16, 2008
Rock nightclub last show for now
Just my opinion as a blogger wannabee after some research. If the City of Maplewood follows through on indirect retaliatory actions against the Rock nightclub for the legal, according to the MN attorney general opinion or lack thereof action if theater nights this should be covered by the "violation of civil rights" laws. Admittedly, this is usually used by racial minorities, and at times it is appropriate there but the "violation of rights" includes all reasonable legal expenses by the defendants. This can get very expensive to the municipality if they lose. Maplewood already has a reputation at the most dysfunctional Twin Cites suburb. http://articles.citypages.com/2008-02-20/news/maplewood-follies/
I hope things don't come to a legal battle but if they do I am a "concerned party" owning 50% of a house in Maplewood. (My brother owns the other half, parents house from estate. He is not involved in this. Don't go after him)
If it gets to a trial, which I hope it doesn't, public officials can be put under oath for public testimony. Statements will be be vetted. That is a right. Perjury is a criminal offense and I have more than a quarter century of governmental "courthouse" experience. As Clint Eastwood/Dirty Harry said. "Go ahead punk! Make my day."
I have no problems with public official enforcing fairly the "letter" of the law. "Spirit" is not in my legal dictionary. I hope it doesn't come to this but if it does I will pull out my "nuke". I happen to own http://55109.com If there is a legal fight with Maplewood (I hope there will not be) I'll post everything connected with it on http://55109.com This directly covers a third to one half of Maplewood. I'd assume everyone in Maplewood knows someone in 55109 zip code so the communications with citizens should be good.
Let's hope the dysfunctional Maplewood city government sees the light and it doesn't get to this. If they do it could potenially get very expensive for Maplewood.
Greg - This is from the Rock Night Club's website. Can we post.
http://www.therocknightclub.com/
FOR IMMEDIATE RELEASE
"Before The Ban"
FINAL CURTAIN CALL THIS SUNDAY!
THE CITY ATTORNEY, ALLEN KANTRUD, FROM MAPLEWOOD HAS THREATENED US WITH PLACING OUR LIQUOR LICENSE BEFORE THE CITY COUNCIL IF WE DO NOT END OUR THEATRICAL PRODUCTION OF "BEFORE THE BAN." WE ARE BEING TOLD THAT THE MN HEALTH DEPARTMENT IS PRESSURING THE CITY TO TAKE ACTION AGAINST US FOR... FOLLOWING THE LAW. WE KNOW THAT WE ARE IN FULL COMPLIANCE WITH THE LAW AND FIND THE MN HEALTH DEPARTMENT VIOLATING OUR LEGAL RIGHTS.
TO EXPRESS YOUR DISPLEASURE WITH THE VIOLATION OF YOUR LEGAL RIGHTS UNDER A VERY CLEAR LAW WRITTEN BY YOUR LEGISLATORS PLEASE CONTACT THE MAPLEWOOD CITY ATTORNEY ALLEN KANTRUD OR THE MN DEPARTMENT OF PUBLIC HEALTH. WE ALSO ENCOURAGE YOU TO NOTIFY YOUR LEGISLATORS REGARDING THIS ISSUE.
WE HAVE DECIDED AT THIS POINT TO END OUR PRODUCTION. WE DO HOWEVER ENCOURAGE OTHER BARS TO CONTINUE SUPPORTING THE NEED FOR "THEATRICAL PROFORMANCES." ANY BAR IN THE STATE WISHING TO GET MORE INFO ON HOLDING YOUR OWN THEATER NIGHTS PLEASE CONTACT management@therocknightclub.com
WE MAY BE ENDING OUR PRODUCTION BUT WE WILL CONTINUE TO SUPPORT THE LEGAL AND CONSTITUTIONAL RIGHTS
I hope things don't come to a legal battle but if they do I am a "concerned party" owning 50% of a house in Maplewood. (My brother owns the other half, parents house from estate. He is not involved in this. Don't go after him)
If it gets to a trial, which I hope it doesn't, public officials can be put under oath for public testimony. Statements will be be vetted. That is a right. Perjury is a criminal offense and I have more than a quarter century of governmental "courthouse" experience. As Clint Eastwood/Dirty Harry said. "Go ahead punk! Make my day."
I have no problems with public official enforcing fairly the "letter" of the law. "Spirit" is not in my legal dictionary. I hope it doesn't come to this but if it does I will pull out my "nuke". I happen to own http://55109.com If there is a legal fight with Maplewood (I hope there will not be) I'll post everything connected with it on http://55109.com This directly covers a third to one half of Maplewood. I'd assume everyone in Maplewood knows someone in 55109 zip code so the communications with citizens should be good.
Let's hope the dysfunctional Maplewood city government sees the light and it doesn't get to this. If they do it could potenially get very expensive for Maplewood.
Greg - This is from the Rock Night Club's website. Can we post.
http://www.therocknightclub.com/
FOR IMMEDIATE RELEASE
"Before The Ban"
FINAL CURTAIN CALL THIS SUNDAY!
THE CITY ATTORNEY, ALLEN KANTRUD, FROM MAPLEWOOD HAS THREATENED US WITH PLACING OUR LIQUOR LICENSE BEFORE THE CITY COUNCIL IF WE DO NOT END OUR THEATRICAL PRODUCTION OF "BEFORE THE BAN." WE ARE BEING TOLD THAT THE MN HEALTH DEPARTMENT IS PRESSURING THE CITY TO TAKE ACTION AGAINST US FOR... FOLLOWING THE LAW. WE KNOW THAT WE ARE IN FULL COMPLIANCE WITH THE LAW AND FIND THE MN HEALTH DEPARTMENT VIOLATING OUR LEGAL RIGHTS.
TO EXPRESS YOUR DISPLEASURE WITH THE VIOLATION OF YOUR LEGAL RIGHTS UNDER A VERY CLEAR LAW WRITTEN BY YOUR LEGISLATORS PLEASE CONTACT THE MAPLEWOOD CITY ATTORNEY ALLEN KANTRUD OR THE MN DEPARTMENT OF PUBLIC HEALTH. WE ALSO ENCOURAGE YOU TO NOTIFY YOUR LEGISLATORS REGARDING THIS ISSUE.
WE HAVE DECIDED AT THIS POINT TO END OUR PRODUCTION. WE DO HOWEVER ENCOURAGE OTHER BARS TO CONTINUE SUPPORTING THE NEED FOR "THEATRICAL PROFORMANCES." ANY BAR IN THE STATE WISHING TO GET MORE INFO ON HOLDING YOUR OWN THEATER NIGHTS PLEASE CONTACT management@therocknightclub.com
WE MAY BE ENDING OUR PRODUCTION BUT WE WILL CONTINUE TO SUPPORT THE LEGAL AND CONSTITUTIONAL RIGHTS
My friends dragged me out of the house. We went to a party where I basically couldn't talk about this project, computers or the Internet. Probably good for me but I have to relearn that "small talk" thing. The Star Tribune has a "pro-ban" editorial where they are worried about the financial repercussions of the "smoke theater". Not loss of business of course but the fines and other legal costs.Very loopy logic. I don't see it as convincing much more than the "choir". Editorial link http://www.startribune.com/opinion/editorials/16691746.html
It mentioned the heart attack decrease after the smoking ban which has been totally debunked. For heart studies the "gold standard" is the "Framingham (MA) heart study. Started in 1948 with almost 5200 people representative of the adult population of Framingham, MA. It's 60 years old this year now studying three generations. The original group was almost 60% women.
Just after WWII the majority of men smoked but far fewer women did. The age of charter participants in 1948 ranged from 20 to 75 so they would be 80 to 135 today. Obviously the charter group members have mostly died. The questionnaires asked about smoking by the person or by others in household. The study now follows a large number of the children and grandchildren of the 1948 charter participants. If those 20 year olds had a child that year the child would now be 60. This is a longitudinal study "on steroids". Death and autopsy are the ultimate medical diagnostic tool and obviously most of the charter participants have passed on.
Because of the length and size of the study it should answer two questions about secondhand smoke. #1: Comparing the non-smoking wives of smokers and non-smokers. #2: The effects on children in both household groups. Assuming most women had children back then before age 30 almost all children should be at least 50 by now. In short the Framingham study seems like the ideal source to look for the effects of second hand smoke.
I downloaded the 750 page Surgeon General's 2006 report on second hand smoke. Oh my gosh! The index has no reference to to the Framingham study. I did a keyword search on "Framingham" and it came up blank. No mention. I first heard of the Framingham study in grade school. I really hadn't looked into it before now. It should be a "goldmine" for information on secondhand smokes effect. Gosh darn! Do you think the Surgeon General has never heard of the Framingham study? I have and I don't even "play doctor" (well except for some after the bar situation on which it would be inappropriate to elaborate on).
Also, I spent a few minutes at the American Heart Association reading about heart attacks and their symptoms. They are very generalized and vague. In the Framingham study 25% of heart attacks were without symptoms and were discovered by comparing annual EKG's! I had an EKG in 1995 and another in 2000 when I dislocated my shoulder. I suggested that the doctors compare the two and everything seemed good. In that five years I probably had 1,000 incidents that matched the AHA symptoms for a potential heart attack. I was working nights and drinking a lot of coffee so figure a lot of "heartburn". In the eight years have only been to the doctor for a bad knee. The point is that an actual heart attack is extremely hard to diagnose, especially a minor one. An EKG helps but it's a lot harder without a baseline (when was the last time you had an EKG?). There are blood chemicals that rise from tissue death but was it the heart or that lifting that gave out a "Charlie horse" cramp? Both kill tissue but standard muscle tissue repairs far better than heart tissue does.
Cardiologists, like highway patrol troopers see the "train wrecks" so they are driven to keep us off the "primrose path". If you came in fearing a heart attack this is one time you might "get religious" and mend your ways before you have a real accident or heart attack. This is good in many ways. If you want to get really technical a "true heart attack" is actual destruction of heart muscle due to an obstruction in the blood vessels feeding them. If a person comes in with an arterial blockage but no heart muscle damage this is technically not a "heart attack" but instead a "wake up call". It should be heeded. That said a hospital admission is not the same as a proven heart attack. In the TOWN that was the basis for this ER heart attack cases decreased from an average of seven to four per month. This is a very small sample and it cited "hospital admissions" for heart attacks. In states or even large cities that banned indoor/bar smoking (IE: San Francisco, NYC or New York State the larger sample cases were iconclusive.)
The effectiveness of aspirin in reducing heart attacks came out of the Framingham study. It was good research as is the entire research project. Anyway, if there was a definite second hand smoke link proven "by looking straight in the horses mouth" the Framingham study should have shown it. OK to distribute to all. I'll paste on the blog and eventually post on web site.
It mentioned the heart attack decrease after the smoking ban which has been totally debunked. For heart studies the "gold standard" is the "Framingham (MA) heart study. Started in 1948 with almost 5200 people representative of the adult population of Framingham, MA. It's 60 years old this year now studying three generations. The original group was almost 60% women.
Just after WWII the majority of men smoked but far fewer women did. The age of charter participants in 1948 ranged from 20 to 75 so they would be 80 to 135 today. Obviously the charter group members have mostly died. The questionnaires asked about smoking by the person or by others in household. The study now follows a large number of the children and grandchildren of the 1948 charter participants. If those 20 year olds had a child that year the child would now be 60. This is a longitudinal study "on steroids". Death and autopsy are the ultimate medical diagnostic tool and obviously most of the charter participants have passed on.
Because of the length and size of the study it should answer two questions about secondhand smoke. #1: Comparing the non-smoking wives of smokers and non-smokers. #2: The effects on children in both household groups. Assuming most women had children back then before age 30 almost all children should be at least 50 by now. In short the Framingham study seems like the ideal source to look for the effects of second hand smoke.
I downloaded the 750 page Surgeon General's 2006 report on second hand smoke. Oh my gosh! The index has no reference to to the Framingham study. I did a keyword search on "Framingham" and it came up blank. No mention. I first heard of the Framingham study in grade school. I really hadn't looked into it before now. It should be a "goldmine" for information on secondhand smokes effect. Gosh darn! Do you think the Surgeon General has never heard of the Framingham study? I have and I don't even "play doctor" (well except for some after the bar situation on which it would be inappropriate to elaborate on).
Also, I spent a few minutes at the American Heart Association reading about heart attacks and their symptoms. They are very generalized and vague. In the Framingham study 25% of heart attacks were without symptoms and were discovered by comparing annual EKG's! I had an EKG in 1995 and another in 2000 when I dislocated my shoulder. I suggested that the doctors compare the two and everything seemed good. In that five years I probably had 1,000 incidents that matched the AHA symptoms for a potential heart attack. I was working nights and drinking a lot of coffee so figure a lot of "heartburn". In the eight years have only been to the doctor for a bad knee. The point is that an actual heart attack is extremely hard to diagnose, especially a minor one. An EKG helps but it's a lot harder without a baseline (when was the last time you had an EKG?). There are blood chemicals that rise from tissue death but was it the heart or that lifting that gave out a "Charlie horse" cramp? Both kill tissue but standard muscle tissue repairs far better than heart tissue does.
Cardiologists, like highway patrol troopers see the "train wrecks" so they are driven to keep us off the "primrose path". If you came in fearing a heart attack this is one time you might "get religious" and mend your ways before you have a real accident or heart attack. This is good in many ways. If you want to get really technical a "true heart attack" is actual destruction of heart muscle due to an obstruction in the blood vessels feeding them. If a person comes in with an arterial blockage but no heart muscle damage this is technically not a "heart attack" but instead a "wake up call". It should be heeded. That said a hospital admission is not the same as a proven heart attack. In the TOWN that was the basis for this ER heart attack cases decreased from an average of seven to four per month. This is a very small sample and it cited "hospital admissions" for heart attacks. In states or even large cities that banned indoor/bar smoking (IE: San Francisco, NYC or New York State the larger sample cases were iconclusive.)
The effectiveness of aspirin in reducing heart attacks came out of the Framingham study. It was good research as is the entire research project. Anyway, if there was a definite second hand smoke link proven "by looking straight in the horses mouth" the Framingham study should have shown it. OK to distribute to all. I'll paste on the blog and eventually post on web site.
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