Theater Night Update 9-18-08

 

Hello Everyone -

 

 

With elections coming up in November and to get more awareness out there of thewww.banthebanminnesota.com website with the government scorecard (where candidates stand on the smoking ban issue), Shawn and I  recently had KQRS radio in Minneapolis produce a commercial for us that will be playing on their web stream until October 14th. It will be broadcast about 5-7 times throughout the day. The smoking ban commercial is based on the true story of a bar owner in outstate Minnesota. We are hoping to expand our advertising campaign, assuming we are able to raise enough money!

 

If the attached file does not work then try the link below. 
Click here to check it out, and let us know what you think!
http://www.4shared. com/file/ 62669632/ e5b58db1/ kqrs_comm. html

 

 

Also, on Saturday, September 20th, Ban the Ban Minnesota is going to be at the Conservative Issues Fair in Bloomington. Feel free to stop by and visit our booth. Shawn and I will be there, and Joey and Ryan will be there from Ban the Ban Wisconsin.
 
The event features speakers including conservative talk host, Jason Lewis, Congresswoman Michele Bachmann (6th District), Barb Davis White (5th Congressional District candidate), Congressman John Kline (2nd District) and Ed Matthews (4th Congressional District candidate). Breakfast with Michele Bachmann is served from 7:00 – 9:00 for those who want to arrive early and Lunch with Barb Davis White runs from 10:00 – Noon.
 
Numerous conservative organizations will be in attendance, including Minnesota Majority, Center for Parental Responsibility, Citizens Council on Health Care, the College Republicans, Minnesota Federation of Republican Women, Minnesotans Seeking Immigration Reform, Taxpayer’s League of Minnesota,TCRA (the organizers) and many others.
 
This event will be held at the Airport Hilton (click here for directions).
 
The entry is fee is $5, and the event will run from 10 AM to 4 PM.
 
We hope you can join us! If you have any questions, please email me at shawn@banthebanminn esota.com or Sheila at sheila@banthebanmin nesota.com.

 

 

Remember it is only hopeless if we give up!

 

Sheila

Wellness programs get sickly response.

Redrant: Try this link to the St. Paul Pioneer Press story. http://www.twincities.com/ci_10450807

Here is another version in the Hartford, CT Courant. http://www.courant.com/business/hc-healthprograms0911.artsep11,0,5918099.story

What's notable is that only 10% of people with genuine health problems use these services. You directly ask a doctor or google the condition if you want to deal with it. Most of the "wellness" information is so loaded with disclaimers to be nearly useless or has a "nanny culture" moralistic tone to it. At work a few years back we got a book "Well Advised" wich I browed for an hour. It was packed with so many disclaimers that it was almost totally useless. It reminded me of the fancy lures in the bait shop that seemed more designed to catch the fisherman than the fish. The book, phamphets and "wellness" programs, like the fancy lures, seem to better at "catching" management, who are legitimately worried about health care costs, rather than the employees and others actually using the programs.

Part of the problem is mandates, especially poorly written ones that tend to get expanded. Not work digging up but I believe that this summer, on FreedomToAct.com I linked a story on kids at summer camp "fat farms". Some insurance companies paid for the stay using "mental health" coverage. The kids might lose weight at the "fat farm" but will the exercise and diet lessons "stick" once they get back in the "real world" especially if they are coherced to go there? These "mandates" tend to increase in cost with time.

If you have a chance browse the comments section for some nuggets amid the tailings.
http://www.topix.net/forum/source/twincities-pioneer-press/THE28KHCJ48UD1NOQ

There is one comment after the HC article. http://www.topix.net/forum/source/hartford-courant/TNNET87CHEQRES9CL

Note privacy fears that are expressed in comments.

The same "antis" behind smoking bans, "food police" and other quasi-prohibition movement activities support, and profit, from businesses using this "wellness" strategy. This is also the same group that likes to increase increase personal information in government databases with thing like proprosals that all citizens have mandatory health screenings (IE weigh ins)

In terms of privacy and confidentiality concerns I worked for thirty years in high end mainframe computor work and tried to study what the "big irons" were actually capable of doing. I retired last year so I feel more free to talk now without repercussions. My "job" (now pension), retiree health insurance and future pension are irrevolkable. I feel free to speak without the risk of repercussion to me or those I work with. That said, in my 33 years with Hennepin County I have no major complaints, epsecially at the "tactical" level with the people I worked with. Overall, I was treated well and have no compliants of a legal nature. I retired early because I planned it that way and could afford to. When I had knee and elbow problems I worked with my supervisor to adapt the work (at no cost using existing old equiptment they wanted to get rid of because it was so "ratty"). The first rule is try to work with your employer.

Basically I have no gripe against Hennepin Count as my employer for 33 years.

That said, I get the idea that information that is collected in "wellness" efforts will not get to your supervisor or even personell if a diciplinary/firing decision is contemplated. It is still there with with a time stamp and IP address which makes it potentially available if you consider a legal action against your employer. It is likely that this will be "dug up" and "thrown into your face" to get you to drop the suit or go for a token settlement. This greatly bolsters the case by an employer who alledgedly discriminates against or wrongfully discharges. Thsi can be extremely intimidating. The neo-prohibitionists tend to support these activities. If you push the "wellness" types they will not deny that the "data" can potentially be subpeneod.

On a personal level the liquor store that is closest to my house, Minnehaha Liquor (note 1984 picture and prices.

http://jamesmaystock.com/Urbanscapes/Pages/Minnehaha.html had a system where they scanned your drivers licence when buy anything. They said that the system was not connected but they had time stamps. I paid cash but they had cameras, whcih is OK bu they are also time stamped. I try to pay cash at liquor stores but a couple of times a year I buy with plastic.

I assume that if it is recorded, it is tracable. In a legal case where there might be an economic motivation to "find dirt" this info could be "timestamped" and used against me.

I have a penchant for cheap beer. My favorite is Mountain Crest. http://www.minhasbrewery.com/ which is now $8.69 for a case of cans at Top Value Liquor, the Columbia Heights municipal liquor store.  http://topvaluliquor.com/  They have cameras but don't use intrusive identification techniques.  

Sheila Kromer: Theater Night Lives!

Hello Everyone -

 

A lot has been happening lately!  Mark Benjamin has filed an appeal on behalf of Tom Marinaro (Tank's Bar in Babbitt). His press release is below and attached is his brief. Mark was also interviewed on KSTP Channel 5 news and it was broadcast this past Friday at 10:00PM.  Mark was on Sue Jeffers radio show on Saturday (KTLK 100.3 FM) and I will send out the podcast for all to listen to in my next update.

Greg has posted Mark's press release and brief on his websitewww.freedomtoact.com along with several other articles....please check them out. Shawn Gertken has been working really hard on updating thewww.banthebanminnesota.com website now that the primaries are over....please check out the blog and legislative scorecard.

 

I will be sending out another update shortly to include Sue's podcast, additional information about what some legislators have been up to and what Shawn and I have been working on. I would like to include a big THANK-YOU to Mark Benjamin for an excellent brief !!

 

The Show Goes On !!

 

Sheila

 

 

 

 

----- Original Message -----

From: Mark Benjamin

Sent: Friday, September 12, 2008 1:58 PM

Subject: Theater Night Lives!

Hi All --

Keep the faith, baby!  Below is the press release going out today and the attached MS Word document.

-- Mark Benjamin

MARK W. BENJAMIN

Criminal Defense, P.A.

237 Second Avenue SW, Suite 111

Cambridge, MN 55008

763-691-0900 (office)

763-670-9664 (mobile)

PressRelease

Mark Benjamin files appellatebrief with the MN Court of Appeals to overturn conviction of his bar owner clientwho hosted Theater Night in his bar and allowing his patrons to smoke indoors.

On Friday, September 12, 2008, criminaldefense attorney Mark W. Benjamin filed his appellate brief with the MinnesotaCourt of Appeals to overturn the petty misdemeanor conviction of his client TomMarinaro.

Mr. Marinaro is the owner of Tank’sBar in Babbitt, Minnesota.  On March 14,2008, he was issued a citation for allowing his patrons to smoke indoors duringhis theatrical production of “The Gunsmoke Monologues”. Mr. Marinaro pled not guilty and demanded acourt trial, arguing that he and his patrons were engaged in a legal activity, namely,the production and performance of an improvisational play. 

His play called attention to lossof individual liberties, governmental intrusion into private business and theeconomic devastation wrought by the state-wide smoking ban.  His play also allowed smoking by designatedactors and actresses who wished to participate in his play.

Minnesota’s state-wide smokingban took effect on October 1, 2007.  Itincluded an exception (inserted during the closing days of the legislativesession) that allowed actors and actresses to smoke as part of a “theatricalperformance”.  Short of requiring advancenotice to patrons that there might be some smoking during a play, thelegislature failed to limit who could put on a theatrical production, orwhether the production required a stage, costumes or scripts.

Minnesota bar owners beganhosting Theater Nights in February 2008 and reported that their revenues – evenin a recession economy – jumped back to pre-ban levels virtuallyovernight.  Smoking ban advocates whinedthat Theater Night was a loophole.  Bar ownerssaid it a lifeline.

Mr. Marinaro went to court on May23, 2008, was found guilty and issued the maximum fine of $300.

Mr. Benjamin’s appeal makes thefollowing points:

• The police chief was pressured by a city councilor to issue Mr. Marinaro a ticket, even though the chief himself wasn’t sure Mr. Marinaro was breaking the law.
• The trial judge thought it “absurd” to consider Mr. Marinaro’s production to be a real play because it didn’t have any costumes or scripts and wasn’t performed on a stage.
• But a 1970 U.S. Supreme Court case stated that theatrical productions didn’t have to be performed on a stage by professional actors, or be heavily financed or elaborately produced.
• When the legislature slipped the “theatrical productions” exception into the smoking ban bill at the last minute, it did so as a favor to the Guthrie Theater.
• When a legislator pointed out that that bar owners might use the “theatrical productions” exception to host their own plays and smoke indoors, the other legislators laughed, instead of tightening up the language.  Now they want the courts to clean up their mess.
• The language of the exception is clear and unambiguous.  Smoking during theatrical productions is a legal activity.  With no standards provided by the legislature, no cop or court has the authority to judge what is good or bad theater.
• Even so, the Minnesota Department of Health still believes smoking during a theatrical production in a bar is illegal because … it’s in a bar.

A reply brief will be filed in 45days.  Oral arguments at the Court ofAppeals in St. Paul will take place at a later date.

Attached is a copy of Mr.Benjamin’s brief.  http://presslord.com/cigap.html 

Our show goes on.

Why I Voted Against the Statewide Smoking Ban

Tom Neuville was a State Senator when he wrote this 2007 article. He has since been appointed a judge in Minnesota and keeps the website as an archine. Here is the homepage for the website.
http://www.tomneuville.com

Here is the specific article page. It has solid arguements and many good links. http://www.tomneuville.com/archives/119

POSTED COMMENT COPIED BELOW.

1 comments:

FXR said...

There are close to 60 Million smokers in The United States and 6 Million in Canada as there have been for more than 50 years. The term preventable diseases are in fact entirely ad agency spin produced by a less than credible CDC. You see if you take the average age of death over the past 50 years which would be 68.5 years of age and distribute the one half of smokers [30 million] said to die of smoking related diseases over the 68.5 years they would normally be expected to die amazingly as it seems they will all die exactly as predicted and at the same ages as the rest of the population. Not prematurely and none preventable. It seems the number slated to die prematurely don't The 450,000 stated are simply the half of smokers who all die in the same proportions at the same age as the rest of the population. Consider the source and follow the money as always. When Public Health partnered with industry at the World Health Organization, they adapted the reputation of big business and their love for deceptive advertising. We will never again be able to separate if the care of patients or the creation of wealth is the primary concern. Sorry, it’s the company you keep...

September 15, 2008 12:25 AM 

Press release by Lawyer Mark W. Benjamin on appeal of bar "Theater Night" conviction.

Formal appeal http://presslord.com/cigap.html

MARK W. BENJAMIN
Criminal Defense, P.A.
237 Second Avenue SW, Suite 111
Cambridge, MN 55008
763-691-0900 (office)
763-670-9664 (mobile)


PressRelease

Mark Benjamin files appellatebrief with the MN Court of Appeals to overturn conviction of his bar owner clientwho hosted Theater Night in his bar and allowing his patrons to smoke indoors.
On Friday, September 12, 2008, criminaldefense attorney Mark W. Benjamin filed his appellate brief with the MinnesotaCourt of Appeals to overturn the petty misdemeanor conviction of his client TomMarinaro.

Mr. Marinaro is the owner of Tank’sBar in Babbitt, Minnesota. On March 14,2008, he was issued a citation for allowing his patrons to smoke indoors duringhis theatrical production of “The Gunsmoke Monologues”. Mr. Marinaro pled not guilty and demanded acourt trial, arguing that he and his patrons were engaged in a legal activity, namely,the production and performance of an improvisational play.

His play called attention to lossof individual liberties, governmental intrusion into private business and theeconomic devastation wrought by the state-wide smoking ban. His play also allowed smoking by designated actors and actresses who wished to participate in his play.
Minnesota’s state-wide smokingban took effect on October 1, 2007. It included an exception (inserted during the closing days of the legislativesession) that allowed actors and actresses to smoke as part of a “theatricalperformance”. Short of requiring advance notice to patrons that there might be some smoking during a play, the legislature failed to limit who could put on a theatrical production, orwhether the production required a stage, costumes or scripts.

Minnesota bar owners beganhosting Theater Nights in February 2008 and reported that their revenues – even in a recession economy – jumped back to pre-ban levels virtuallyovernight. Smoking ban advocates whined that Theater Night was a loophole. Bar owners said it a lifeline.

Mr. Marinaro went to court on May23, 2008, was found guilty and issued the maximum fine of $300.

Mr. Benjamin’s appeal makes thefollowing points:

The police chief was pressured by a city councilor to issue Mr. Marinaro a ticket, even though the chief himself wasn’t sure Mr. Marinaro was breaking the law.

The trial judge thought it “absurd” to consider Mr. Marinaro’s production to be a real play because it didn’t have any costumes or scripts and wasn’t performed on a stage.

But a 1970 U.S. Supreme Court case stated that theatrical productions didn’t have to be performed on a stage by professional actors, or be heavily financed or elaborately produced.
When the legislature slipped the “theatrical productions” exception into the smoking ban bill at the last minute, it did so as a favor to the Guthrie Theater.

When a legislator pointed out that that bar owners might use the “theatrical productions” exception to host their own plays and smoke indoors, the other legislators laughed, instead of tightening up the language. Now they want the courts to clean up their mess.

The language of the exception is clear and unambiguous. Smoking during theatrical productions is a legal activity. With no standards provided by the legislature, no cop or court has the authority to judge what is good or bad theater.

Even so, the Minnesota Department of Health still believes smoking during a theatrical production in a bar is illegal because … it’s in a bar.

A reply brief will be filed in 45days. Oral arguments at the Court ofAppeals in St. Paul will take place at a later date.

Attached is a copy of Mr.Benjamin’s brief. http://presslord.com/cigap.html
Our show goes on.

Star Tribune MN smoking survey and my "redrant"

First the story link. I tried to post in the comments section but I kept getting a "cannot connect" message. http://www.startribune.com/lifestyle/health/28119824.html?page=1&c=y

Here is my posting aka "redrant". I don't doubt a drop overall but I would have to see the details of the survey.

As for the overall state rate there was a strong demographic attrition of the "greatest generation" that fought in WWII. Let's say the typical WWII vet was born in 1920. By 2000 they would be eighty years old. My father, who smoked died in 2003 at age 85. Males especially, of my father's age had a very high rate of smokers.

Next off, as smoking is becoming more demonised people may be less likely to admit to smoking if they do smoke. I've talked to a number of "chippers" (occasional smokers) who claim they don't smoke because they can go all week without smoking. Higher prices and smoking restrictions might increase the number of "chippers" who would deny they smoke or refuse to participate in the survey.

This might be like a survey of illegal drug use or binge drinking. Accurate answers require trust in the survey and it's confidentiality and smokers already have a "tension" with the anti-smoking forces. Will "big brother" get your survey answers?
Restriction indeed cause some reduction in smoking but they cause a "tension" with the survey takers which could skew results.

Costs reduce smoking some but there are ways around this. I see non-big tobacco brands for under $30 per carton. Out of state might be cheaper.

http://www.taxadmin.org/FTA/rate/cigarett.html

I have heard that reservation cigs are cheaper and there are internet sales and "roll your own" are well under $10 per carton. Someone taking these routes might be less inclined to cooperate with the survey. I don't smoke but I have been told the "small tobacco" brands are pretty good. The actual cost of the tobacco is a very small portion of the final cost for a carton so quality comes cheap, at least here in the US. The point being that a smoker that gets "creative" may be less likely to cooperate with a survey.

Finally, smokers might react with "alternatives" which they might not share with the survey. Here is a story link "Decline is cigarette sales offset by use of alternative products. http://www.smokingmad.com/decline-in-cigarette-sales-offset-by-use-of-alternative-products.html

I recieved my MN refundable $50/100 political donation refund in one month.

Redrant: September 09, 2008 Update. I just checked my checking account online and found a $50 deposit from the Minnesota Department of Revenue. I am waiting for a far larger State Property Tax refund so I "had a cow" when I $50. With a bit of checking I discovered that I had indeed opted for the direct deposit of the $50 campaign donation refund. This is the $50 I received. Here is the timeline for this. The $50 check is dated August 02, so figure it was mailed August 03. The forms needed to receive the refund is postmarked August 06 so figure I

received a day or two later. I recall filling out the forms and sending in the donations quickly so figure I mailed it August 08 to 10. A direct deposit was made on September 05. Thus my $50 was tied up for a bit over a month. Greg Lang

Go to http://spendastamp.com for details on the program.



The original post is pasted below.



Monday, August 11, 2008
Update on my $50 refundable campaign donation.
After a week I didn't hear back from Dave Shegstad but it could have been an email glitch. I sent a $50 check instead to the campaign for Adam Steele who is a very strong opponent of the bar smoking ban. I mailed the $50 check on Monday and received a reply with the forms needed to get a response in the Friday mail. This is a prompt response. It included personal response. I am using a new computer without OCR software but the letter reaffirmed Adam Steele's very strong support for changing the bar smoking ban.Here are web pages I found with information on Adam Steele and his candidacy. http://northernherald.finalhost.net/campsite.pdfhttp://northernherald.finalhost.net/http://northernherald.com/Here is the Tavern League's page on the Campaign Donation refund. http://www.tavernleaguemn.org/PCR.htmHere is the official State of Minnesota page.http://www.taxes.state.mn.us/individ/other_supporting_content/political_contrib_refund.shtmlTo reiterate the basics. You must be a resident of Minnesota but you do not have to donate to a candidate (or political group) in your district. I once donated to a Democratic challenger in Burnsville, and got my refund. On off years in the past I have made this donation to the state Republican party but I have had second thoughts about this. Not matter how explicitly you tell them that this will be the only contribution that year they will still call seeking more. I've had people tell it's the same with the Democratic donations. Besides, it seems more effective to give to an individual candidate, especially one who shares your views. Adam Steele is running for district 4A in Bemidji and I live in Minneapolis. This is a perfectly legal and acceptable way to give the refundable donation.Some ground rules and caveats. The candidate has to agree to campaign spending limits to be eligible and must be running for a Minnesota constitutional office or be a Minnesota political party. What this means is that you won't be eligible for a refund if you donate to the "Paris Hilton for President" campaign http://www.funnyordie.com/videos/64ad536a6d . The National congressional campaigns are not eligible either.Basically local is better. Adam Steele is eligible. If you send a check to any candidate for this write "refundable MN political contribution" on the check. If the candidate did not agree they are required to send the check back. Again, Adam Steele sent me the refund material back promptly so he is definitely eligible.Send a note with your concerns to the candidate. This is why it is better to donate to an individual candidate. Adam Steele sent me a personalised reply. $50/$100 means a lot to these candidates and raising basic money will make them eligible for further campaign financing.One important caveat is that if you owe municipalities in Minnesota or the State of Minnesota debts, fines and penalties the $50/100 refund can be seized for this. This could conceivably include unpaid first half property taxes and other taxes in arrears. The second half property taxes are not due until (I think) October 15 so these are non in arrears. Basically, if you got your state and federal tax refunds and economic stimulus checks intact and haven't received arrears notices since then you should be OK. They cross check for arrears child support but again if you got your refunds you should be OK.The donations must be monetary, not goods or services. That a technical point but it makes sense.That said, it is a very good program and I highly recommend donations to Adam Steele. He has a long history of aggressively fighting the bar smoking bans so he could be a valuable asset if elected.Basically your "cost" for this donation is two stamps. One is to mail the check and the other is to mail in the application for the refund. The Sate of Minnesota will refund your $50 to $100 within six weeks if you meek the criteria. It is not difficult.The refundable limit is $50 for and individual and $100 for a married couple. This can only be done once per calendar year. It is designed to increase citizen influence in government. $50/100 won't "buy" much influence but it helps support the candidates who support your beliefs.The bar/tavern culture is under assault from the same "global warming" politicians and bureaucrats who believe that if they can drive energy prices up high enough we will all embrace their "Potekem Village" alternative energy fantasies. (MY father ran an electric power plant so I know energy realities, see my http://fourfiftygas.com/) A good way to fight back is with the $50/100 refundable MN campaign contribution.Note to other candidate favoring a MN bar smoking ban revision. Email me through the http://freedomtoact.com/ email link or snail mail me at the address on the far right of http://freedomtoact.com/ and I will publish you comments upon verification.Again, this is a very good program. If people want to help save our American bar/tavern culture they have to do more than gripe. We can all afford two stamps.
Posted by Gregory L Lang at 12:28 AM