http://www.startribune.com/local/west/16929686.html
Bar patrons responding to smoking ban's tyranny If the intent of the Minnesota smoking ban was to improve indoor air quality, the law would have been written in terms of an air-quality standard and not a smoking ban.
With their participation in "theater nights," bars are using the letter of the law to protest the spirit of the law behind the state's five-month-old indoor smoking ban.
When the spirit of the law is tyranny, civil disobedience will surely follow.
LOWELL JOHNSON. BLOOMINGTON
Thursday, March 27, 2008
Wednesday, March 26, 2008
Remember that U of M reporter who was at The Rock on 2/19? Here's her video:
From: Mark Benjamin
To: SheilaKromer
Sent: Tuesday, March 25, 2008 11:38 AM
Subject: U of M Video of The Rock's First Theater Night
Sheila --Remember that U of M reporter who was at The Rock on 2/19? Here's her video:http://www.youtube.com/watch?v=YncKRAtAZ4oSee if Greg can post it.-- Mark Benjamin
To: SheilaKromer
Sent: Tuesday, March 25, 2008 11:38 AM
Subject: U of M Video of The Rock's First Theater Night
Sheila --Remember that U of M reporter who was at The Rock on 2/19? Here's her video:http://www.youtube.com/watch?v=YncKRAtAZ4oSee if Greg can post it.-- Mark Benjamin
My opinions on bars risking the $10K fines and alternatives.
(disclaimer) These are the opinions of myself Greg Lang and not lawyer Mark W. Benjamin or Barnacles Shiela Kromer or any other person.
The Minnesota Department of Health sent out a letter giving a vague opinion on the "smoking theater" being illegal and threatening a draconian $10,000 fine and criminal penalties. You can read the letter here (click on image fore larger image. http://freedomtoact.blogspot.com/2008/03/blog-post.html
The $10,000 threat is definitely intimidating. We have a test case with the first court appearance April 04, 2008. I am not a lawyer and am not "privy" to Mark Benjamin's specific legal strategies but he has discussed this a lot and I have read virtually everything. Also, I have "some" knowledge of courts and law so here goes.
First off the description of "theater" is vague and undefined. In the 19th Century the "Chautauqua" http://en.wikipedia.org/wiki/Chautauqua was a very popular form of "theater", sometimes with partisan slant. With so-called "street theater" imitation is no the sincerest form of flattery but there were classics like the San Francisco "diggers" holding a mock funeral for the "hippy" after the "Summer of love". Added to that we have at least two cases reported where the so-called legitimate theater (Jungle Theater) had smoking on stage with no warning, playbills or notifications. (I quit smoking more than 30 years ago before the original Minnesota clean air act and I had to avoid cigarette smoke for close to six months to avoid "nicotine fits". Also I had an asthmatic girlfriend. I would have been a real bind if we planned a "smoke-free" evening out, bought two pricey tickets and then were exposed to smoke. This happened post ban at the Jungle Theater. ) I would ask if the Minnesota Department of Health sent out this letter to the so-called "legitimate" theaters.
The next argument, which is pervasive with the court is if the wording of the so called "Freedom to breath" law is vague the legislature had and has the right to reopen the law and revise it. The MN Court of Appeals and MN Supreme Court tend to consider this argument very persuasive. There are many other arguments that I'll leave to Mark for the sake of brevity.
If the MN Appeals or Supreme Court throws out the "Freedom to Breath" law or in effect rules that Skakesphere was right when he state "The whole world is a stage" and we are all actors there could be legal chaos! For example, this summer we will be hosting Republican National Convention. There will be many protests and "informal theater". What if some of these protesters want to enter indoor spaces and have "smoking theater?".
The solution to this is for the legislature, while still in session to adopt reasonable requirement for smoking in bars, private clubs and VFW's. Basically the local municipality would have to make an ordinance to allow this, prominent posting that there is smoking would be required and specific ventilation would be required.
It's up to bar owners but with the weather getting warmer it might not be worth it the risk of the potential $10K to have indoor smoking. Bars might print out and post updates on this. One trick to save ink costs is to cut and paste text to a notepad and print that out. Also, on outdoor patios you might have occasional open stage "theater nights". It will give people hope and an outlet. A huge number of people dislike the bar smoking bans but found nowhere to turn.
Also, try to support and promote the Tavern League of Minnesota. They have done a lot and their website has a lot of useful information. http://www.tavernleaguemn.org/
The Minnesota Department of Health sent out a letter giving a vague opinion on the "smoking theater" being illegal and threatening a draconian $10,000 fine and criminal penalties. You can read the letter here (click on image fore larger image. http://freedomtoact.blogspot.com/2008/03/blog-post.html
The $10,000 threat is definitely intimidating. We have a test case with the first court appearance April 04, 2008. I am not a lawyer and am not "privy" to Mark Benjamin's specific legal strategies but he has discussed this a lot and I have read virtually everything. Also, I have "some" knowledge of courts and law so here goes.
First off the description of "theater" is vague and undefined. In the 19th Century the "Chautauqua" http://en.wikipedia.org/wiki/Chautauqua was a very popular form of "theater", sometimes with partisan slant. With so-called "street theater" imitation is no the sincerest form of flattery but there were classics like the San Francisco "diggers" holding a mock funeral for the "hippy" after the "Summer of love". Added to that we have at least two cases reported where the so-called legitimate theater (Jungle Theater) had smoking on stage with no warning, playbills or notifications. (I quit smoking more than 30 years ago before the original Minnesota clean air act and I had to avoid cigarette smoke for close to six months to avoid "nicotine fits". Also I had an asthmatic girlfriend. I would have been a real bind if we planned a "smoke-free" evening out, bought two pricey tickets and then were exposed to smoke. This happened post ban at the Jungle Theater. ) I would ask if the Minnesota Department of Health sent out this letter to the so-called "legitimate" theaters.
The next argument, which is pervasive with the court is if the wording of the so called "Freedom to breath" law is vague the legislature had and has the right to reopen the law and revise it. The MN Court of Appeals and MN Supreme Court tend to consider this argument very persuasive. There are many other arguments that I'll leave to Mark for the sake of brevity.
If the MN Appeals or Supreme Court throws out the "Freedom to Breath" law or in effect rules that Skakesphere was right when he state "The whole world is a stage" and we are all actors there could be legal chaos! For example, this summer we will be hosting Republican National Convention. There will be many protests and "informal theater". What if some of these protesters want to enter indoor spaces and have "smoking theater?".
The solution to this is for the legislature, while still in session to adopt reasonable requirement for smoking in bars, private clubs and VFW's. Basically the local municipality would have to make an ordinance to allow this, prominent posting that there is smoking would be required and specific ventilation would be required.
It's up to bar owners but with the weather getting warmer it might not be worth it the risk of the potential $10K to have indoor smoking. Bars might print out and post updates on this. One trick to save ink costs is to cut and paste text to a notepad and print that out. Also, on outdoor patios you might have occasional open stage "theater nights". It will give people hope and an outlet. A huge number of people dislike the bar smoking bans but found nowhere to turn.
Also, try to support and promote the Tavern League of Minnesota. They have done a lot and their website has a lot of useful information. http://www.tavernleaguemn.org/
Tuesday, March 25, 2008
Can We Post: VFW 230 Story
Barb Reed, manager of VFW 230, carefully watches and keeps tracks of their bingo nights. She told a Star & Tribune reporter the following;
On Saturday 92 people playing bingo we take a smoke break after 4th game 23 left IN building all others outside smoking told her I watch this very closely AND WE WONDER WHERE THE PEOPLE ARE they want to smoke and its there choice once called FREEDOM IN THE GOOD OLE u s a
On Saturday 92 people playing bingo we take a smoke break after 4th game 23 left IN building all others outside smoking told her I watch this very closely AND WE WONDER WHERE THE PEOPLE ARE they want to smoke and its there choice once called FREEDOM IN THE GOOD OLE u s a
Can We Post: Mark's Response to Sabins Ticketed
----- Original Message -----
From: Mark Benjamin
To: Terry Horridge
Sent: Saturday, March 22, 2008 11:00 AM
Subject: RE: Sabins Ticketed
Hi Terri --Bring it on! I'll make contact with the city attorney on Monday so we can expedite the process.Now do what Tom Marianaro did at Tank's Tavern in Babbitt, laminate your ticket or frame it, and post it proudly on the wall.One other thing. Stay in touch in case you are visited by a health inspector. I want to know if that happens right away.As I promised, this will be free of charge.-- Mark Benjamin
From: thorridge@fnbcnet.comTo: markbenjamin@msn.comCC: sheiladk@comcast.netSubject: Sabins TicketedDate: Fri, 21 Mar 2008 21:46:44 -0500
Hello Mark,
My husband Mike just got a ticket. Believe it or not, one of our competitors down the street (Jims Sportsclub) called in the complaint. It was not even one of our customers. As a matter of fact, we have never gotten a complaint from a customer. Even the non-smokers that come to our bar support us. I guess they were pissed we had all of ten people in the bar, and we have a band. Anyway, Mike is the only one that got a ticket. The court date is Apr 14th. Its too bad the people that should be supporting us, are not. Sheila, go ahead and post.
Thanks,
Terri Horridge
Sabins Bar
2 W. Lake St.
Chisholm, MN 55719
218-254-2318
thorridge@fnbcnet.com
From: Mark Benjamin
To: Terry Horridge
Sent: Saturday, March 22, 2008 11:00 AM
Subject: RE: Sabins Ticketed
Hi Terri --Bring it on! I'll make contact with the city attorney on Monday so we can expedite the process.Now do what Tom Marianaro did at Tank's Tavern in Babbitt, laminate your ticket or frame it, and post it proudly on the wall.One other thing. Stay in touch in case you are visited by a health inspector. I want to know if that happens right away.As I promised, this will be free of charge.-- Mark Benjamin
From: thorridge@fnbcnet.comTo: markbenjamin@msn.comCC: sheiladk@comcast.netSubject: Sabins TicketedDate: Fri, 21 Mar 2008 21:46:44 -0500
Hello Mark,
My husband Mike just got a ticket. Believe it or not, one of our competitors down the street (Jims Sportsclub) called in the complaint. It was not even one of our customers. As a matter of fact, we have never gotten a complaint from a customer. Even the non-smokers that come to our bar support us. I guess they were pissed we had all of ten people in the bar, and we have a band. Anyway, Mike is the only one that got a ticket. The court date is Apr 14th. Its too bad the people that should be supporting us, are not. Sheila, go ahead and post.
Thanks,
Terri Horridge
Sabins Bar
2 W. Lake St.
Chisholm, MN 55719
218-254-2318
thorridge@fnbcnet.com
Can You Post: PBS Series
Hey Greg - Can we post. It's pretty much the same message that Mark has been stating. Should be an informative series.
Sheila
PBS: New show ....
http://www.post- gazette.com/ pg/08083/ 866747-42. stm
(PBS.org TV schedules: http://www.pbs. org Title: Unnatural Causes)
Eat right, exercise, don't smoke, inherit good genes and, conventional wisdom dictates, you gain the best measure of protection against illness.
Not so fast, argues a new PBS series.
"Unnatural Causes: Is Inequality Making Us Sick?," airing on four consecutive Thursdays beginning this week, explores the idea that work, race, economic status and neighborhood conditions may affect a person's health as much or more than habits or genetics.
Looking at communities in several states including Pennsylvania , the series examines why America ranks as the world's wealthiest nation and yet is 30th in life expectancy and 31st in infant mortality.
Among the intriguing questions "Unnatural Causes" probes: Why do poor Mexican immigrants see their health erode the longer they stay in America ? Why do poor smokers develop lung cancer more often than rich smokers? Why are some black and American Indian populations less likely to reach 65 than people from Bangladesh or Ghana ?
Improved housing, higher wages and more control on the job foster health as much as quitting smoking or eating well, according to a Harvard University epidemiologist quoted in the series. In other words, social policy may be crucial to a citizenry's physical well-being.
The first episode, airing 10 p.m. Thursday on WQED and titled "In Sickness and in Wealth," looks at the link between health and wealth through the lives of Louisville, Ky., residents, including a CEO, a lab supervisor, a janitor and a welfare mother.
PBS Description: Episode title: In Sickness And In Wealth
Episode description: This is a story about health, but it's not about doctors or drugs. Set mostly in Louisville , Kentucky , it's a detective story out to solve the mystery of what's stalking and killing so many Americans before their time. The program uncovers the connections between healthy bodies and healthy bank accounts - and why residents of so many other nations, including many poorer countries, live longer and healthier lives. Solutions, evidence suggests, may lie not in more pills but in more equality.
Episode guide: The connections between healthy bodies and healthy bank accounts are uncovered.
Sheila
PBS: New show ....
http://www.post- gazette.com/ pg/08083/ 866747-42. stm
(PBS.org TV schedules: http://www.pbs. org Title: Unnatural Causes)
Eat right, exercise, don't smoke, inherit good genes and, conventional wisdom dictates, you gain the best measure of protection against illness.
Not so fast, argues a new PBS series.
"Unnatural Causes: Is Inequality Making Us Sick?," airing on four consecutive Thursdays beginning this week, explores the idea that work, race, economic status and neighborhood conditions may affect a person's health as much or more than habits or genetics.
Looking at communities in several states including Pennsylvania , the series examines why America ranks as the world's wealthiest nation and yet is 30th in life expectancy and 31st in infant mortality.
Among the intriguing questions "Unnatural Causes" probes: Why do poor Mexican immigrants see their health erode the longer they stay in America ? Why do poor smokers develop lung cancer more often than rich smokers? Why are some black and American Indian populations less likely to reach 65 than people from Bangladesh or Ghana ?
Improved housing, higher wages and more control on the job foster health as much as quitting smoking or eating well, according to a Harvard University epidemiologist quoted in the series. In other words, social policy may be crucial to a citizenry's physical well-being.
The first episode, airing 10 p.m. Thursday on WQED and titled "In Sickness and in Wealth," looks at the link between health and wealth through the lives of Louisville, Ky., residents, including a CEO, a lab supervisor, a janitor and a welfare mother.
PBS Description: Episode title: In Sickness And In Wealth
Episode description: This is a story about health, but it's not about doctors or drugs. Set mostly in Louisville , Kentucky , it's a detective story out to solve the mystery of what's stalking and killing so many Americans before their time. The program uncovers the connections between healthy bodies and healthy bank accounts - and why residents of so many other nations, including many poorer countries, live longer and healthier lives. Solutions, evidence suggests, may lie not in more pills but in more equality.
Episode guide: The connections between healthy bodies and healthy bank accounts are uncovered.
Subject: E-mail exchange with State Sen. Kathy Sheran
To: Sheila Kromer
Sent: Monday, March 24, 2008 5:35 PM
Subject: E-mail exchange with State Sen. Kathy Sheran
Sheila,
Thought you might like to see another example of what we're up against. Following is an email I sent to state senator Kathy Sheran (among others) followed by her response. Feel free to put this up at freedomtoact.com if you like. (I would prefer that my e-mail address not be posted)
Dear Senator,I understand amendments have been proposed for the FTBA and I think it is absolutely imperative that the smoking ban be relaxed if not repealed altogether.The purpose of this ban was supposedly to protect people from the affects of SHS, a premise that is based on some extremely questionable (to say the least) "science".Supposing it is actually "dangerous", the unintended consequences of this paternalistic legislation seems to be far more harmful. Hospitality venues across the state are cutting the hours of and laying off the workers this law is supposed to be helping. Seems to me that canceling the health insurance and calling the kids home from college so you can afford to put some food on the table is an extremely high price to pay for some dubious protection that the vast majority of these employees and many, now former employees, didn't want in the first place.I would certainly appreciate a response with your vie ws on this matter.
Regards,
(My name and address)
And here is her response:
The scientific community has come to agreement on the dangers of second hand smoke...there are efforts by the tobacco companies to confuse the public with bias research but those studies have been examined and found to be flawed.
The public has been surveyed statewide...76% are very supportive of this legislation that protects the rights of smokers to smoke...and protects the non smoker from the hazards of anothers choice.I do not know of ammendments...but will not support any action to weaken this law...only to strenghten it if necessary. There cannot be a justification for allowing a public health hazard to continue....
(There was no opening or closing in her response. It began and ended just as shown).
This is the sort of blind faith we will be dealing with in trying to amend or, better yet, repeal this ridiculous legislation. Her first two paragraphs are the standard, recycled dogma of anti-tobacco with no basis in fact whatsoever.
Regards
Sent: Monday, March 24, 2008 5:35 PM
Subject: E-mail exchange with State Sen. Kathy Sheran
Sheila,
Thought you might like to see another example of what we're up against. Following is an email I sent to state senator Kathy Sheran (among others) followed by her response. Feel free to put this up at freedomtoact.com if you like. (I would prefer that my e-mail address not be posted)
Dear Senator,I understand amendments have been proposed for the FTBA and I think it is absolutely imperative that the smoking ban be relaxed if not repealed altogether.The purpose of this ban was supposedly to protect people from the affects of SHS, a premise that is based on some extremely questionable (to say the least) "science".Supposing it is actually "dangerous", the unintended consequences of this paternalistic legislation seems to be far more harmful. Hospitality venues across the state are cutting the hours of and laying off the workers this law is supposed to be helping. Seems to me that canceling the health insurance and calling the kids home from college so you can afford to put some food on the table is an extremely high price to pay for some dubious protection that the vast majority of these employees and many, now former employees, didn't want in the first place.I would certainly appreciate a response with your vie ws on this matter.
Regards,
(My name and address)
And here is her response:
The scientific community has come to agreement on the dangers of second hand smoke...there are efforts by the tobacco companies to confuse the public with bias research but those studies have been examined and found to be flawed.
The public has been surveyed statewide...76% are very supportive of this legislation that protects the rights of smokers to smoke...and protects the non smoker from the hazards of anothers choice.I do not know of ammendments...but will not support any action to weaken this law...only to strenghten it if necessary. There cannot be a justification for allowing a public health hazard to continue....
(There was no opening or closing in her response. It began and ended just as shown).
This is the sort of blind faith we will be dealing with in trying to amend or, better yet, repeal this ridiculous legislation. Her first two paragraphs are the standard, recycled dogma of anti-tobacco with no basis in fact whatsoever.
Regards
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