Wednesday, April 15, 2009
New Study of National Heart Attack Admissions and Mortality Finds No Evidence of a Short-Term Effect of Smoking Bans
Smoking Ban Appeal this Thursday
MARK W. BENJAMIN
Criminal Defense, P.A.
237 Second Avenue SW, Suite 111
Cambridge, MN 55008
763-691-0900 (office)
763-670-9664 (mobile)
Press Release
REMINDER – Theater Night – Oral Arguments at Court of Appeals – April 16th at 10:40 a.m. in Duluth.
This Thursday morning, April 16th at 10:40 a.m., at the St. Louis County Courthouse, 100 North Fifth Avenue West, Mark Benjamin will argue before the Minnesota Court of Appeals on behalf of his client Tom Marinaro, owner of Tank’s Bar in Babbitt, Minnesota.
Factual Background. On the afternoon of March 14, 2008, Mr. Marinaro received a citation for violating Minnesota’s smoking ban, even though his bar was participating in “Theater Night” at the time. Mr. Marinaro demanded a court trial and claimed he was innocent, given that the ban allows smoking during “theatrical performances” by “actors” and “actresses”. This exception provides no guidance, standards or restrictions on what constitutes a “theatrical performance”. Mr. Marinaro, a former steel worker, put on the best play he could and claimed that smoking in his bar was legal as long as the play was being performed. The trial court disagreed and fined him $300. Mr. Marinaro appealed.
Legislative Background. In the closing days of the 2007 legislative session, a conference committee was formed to iron out differences between the House and Senate versions of the smoking ban. Rep. Tom Huntley of Duluth – as a favor to the Guthrie Theater – introduced a “theatrical performances” exception in the committee. One of the legislators warned that the exception’s language was broad enough to allow acting (and smoking) in bars, not just playhouses. He was greeted with laughter and the new exception was voted in as written.
Theater Night Background. The first Theater Night was performed on February 9, 2008 (3 days before the new legislative session) at Barnacles Bar in Aitkin. Within three weeks, approximately 100 bars across Minnesota were hosting their own versions of Theater Night. Despite this, the legislature refused to limit or clarify the language of the “theatrical performances” exception. The Department of Health cracked down on several bars with administrative penalties. Nobody appealed these actions and Theater Night seemed doomed.
Our Goal. We hope the MN Court of Appeals will properly rule that the legislature shirked its duty to define its terms and declare that Mr. Marinaro comported his conduct within the admittedly broad language of the “theatrical performances” exception. Bar owners are hoping for a favorable ruling so their businesses and employees’ jobs can be saved. We ask the legislature to examine the law and provide reasonable accommodations for our blue collar bar owners and veterans clubs – just as it did for the Guthrie.
Our show goes on.
Friday, March 27, 2009
Minnpost Doctor claims Framingham Heart Study had "very few women".
Here is a breakdown of the "charter" 1948 participants.
Age 29-39 40-49 50-62 Totals
Men 835 779 722 2,336
Women 1,042 962 869 2,873
Totals 1,877 1,741 1,591 5,209
http://www.framinghamheartstudy.org/participants/original.html
Thursday, March 19, 2009
Theater Night – Oral Arguments at Court of Appeals – April 16th at 10:40 a.m. in Duluth.
MARK W. BENJAMIN
Criminal Defense, P.A.
237 Second Avenue SW, Suite 111
Cambridge, MN 55008
763-691-0900 (office)
763-670-9664 (mobile)
Press Release
Theater Night – Oral Arguments at Court of Appeals – April 16th at 10:40 a.m. in Duluth.
Mark your calendar. On Thursday morning, April 16th at 10:40 a.m., Mark Benjamin will present his oral argument to the Minnesota Court of Appeals on behalf of his client Tom Marinaro. Mr. Marinaro is the owner of Tank’s Bar in Babbitt, Minnesota. On the afternoon of March 14, 2008, he was issued a citation for violating Minnesota’s smoking ban, even though his bar was participating in “Theater Night” at the time. Mr. Marinaro demanded a court trial and claimed he was innocent of any wrong-doing, given that the ban allows smoking during “theatrical performances” by “actors” and “actresses”. This exception provides no guidance, standards or restrictions on the venue of the play, the quality of the performance or the credentials of the performers. Mr. Marinaro may not be a patron of the performing arts, but he put on the best play he could and claimed that smoking in his bar was legal as long as the play was being performed.
The trial court disagreed, found Mr. Marinaro guilty and fined him $300. Mr. Marinaro appealed.
Mr. Benjamin will argue that the language of the exception to the state’s smoking ban is clear and unambiguous, namely, that smoking is allowed by actors and actresses during a theatrical performance as long as non-actors are advised ahead of time.
Mr. Marinaro displayed posters outside of his establishment and performance programs inside – all advising patrons that “The Gunsmoke Monologues” would be performed from 3:00 p.m.. to closing every day and that there would be some smoking during the performance. Any patron who wanted to perform (and smoke) in Mr. Marinaro’s play had to wear a clearly-marked ID stating that he or she was an actor.
Although the media has had a good chuckle at the Theater Night “loophole”, many participating bar owners claimed it to be a “lifeline”, allowing them to retain waitresses and bartenders and pay their bills. For instance, before he started participating in Theater Night, Mr. Marinaro laid off his office manager of 18 years, shut down his restaurant on Sundays and Mondays, and cut the hours of his bartenders.
Our hope is to win at the Court of Appeals and then petition the legislature to make reasonable accommodations for our struggling bar owners. In this way, we hope to achieve a healthy balance between physical and fiscal health for all Minnesota citizens.
Join us at the St. Louis County Courthouse, 100 North Fifth Avenue West in Duluth on April 16th.
Our show goes on.
Thursday, March 12, 2009
Survey: Minnesotans want higher state tax on smokes
No skin off my back! I rarely use public transit. ...... The point here is that only a very small percentage of people regularly use public transit so higher fares won't affect them. ......... Past Twin Cities transit strikes have shown negligible impact on traffic.......How about using using the same method of this survey for a survey on users paying public transit costs? .....Same survey logic! Greg Lang
Survey: Minnesotans want higher state tax on smokes.
http://www.startribune.com/local/41148317.html
Monday, March 9, 2009
Theater Nite Update 3-8-09
| Employee Smoking Room |
S.F. No. 898, as introduced - 86th Legislative Session (2009-2010) Posted on Feb 19, 2009
1.3employee smoking rooms under certain conditions;amending Minnesota Statutes
1.42008, section 144.4167, by adding a subdivision.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2008, section 144.4167, is amended by adding a
1.7subdivision to read:
1.8 Subd. 10. Employee smoking rooms. (a) Sections 144.414 to 144.417 do not
1.9prohibit smoking by employees in a designated smoking room, provided no common door
1.10exists between the place of employment and the smoking room.
1.11(b) A smoking room that satisfies the conditions in paragraph (a) may be heated and
1.12cooled, may have a roof and four walls, and may share a common wall with the place of
1.13employment.
| Smoking ban exception for patients in locked psychiatric units eliminated. |
H. F. 1142, A bill for an act relating to health; removing an exception to the smoking ban for patients in a locked psychiatric unit; amending Minnesota Statutes 2008, section 144.414, subdivision 3.
| Smoking in motor vehicles with children prohibition |
| Bill Name: SF0359 Bill Text | Companion: HF0379 Companion Text Companion Status House Search | Revisor Number: 09-0811 |
| Senate Authors | Pappas ; Marty ; Prettner Solon ; Higgins |
|---|
| Short Description | Smoking in motor vehicles with children prohibition |
|---|
| Long Description | Committee Hearings and Actions Division Reports Committee Engrossments | Senate Counsel & Research Summary |
SENATE Actions HOUSE Actions Top
| Date ↓ | Action | Description / Committee | Text | Page | Roll Call |
|---|---|---|---|---|---|
| 02/02/2009 | Introduction and first reading | Intro | 149 | ||
| 02/02/2009 | Referred to | Health, Housing and Family Security | |||
| 02/12/2009 | Author stricken | Dille | 235 | ||
| 03/02/2009 | Comm rpt: To pass as amend & re-ref to | Judiciary | 1 | 360a | |
| 03/09/2009 | Comm rpt: To pass as amend & re-ref to | Finance |
Tavern League MN NEWS BRIEF WEEK OF FEBRUARY 27, 2009
ALCOHOL
Indiana House Passes Repeat-Offender Interlock Bill
The state House has unanimously approved HB 1020, a bill to require ignition interlock devices in the vehicles of repeat drunken drivers with a blood alcohol level above .15. (WIBC TV, IN) The bill was originally a first-offender mandate, but was amended in committee. HB 1020 has been transmitted to the Senate and referred to the Senate Judiciary Committee.
Wyoming House Passes Repeat-Offender Interlock Bill
On Thursday, the state House passed SB 88, a bill to require ignition interlock devices in the vehicles of repeat DUI offenders with blood alcohol levels of .15 or higher. (Associated Press) SB 88 has already been approved by the Senate, and all other interlock bills from earlier in the legislative session have died.
FOOD
Maine Menu Labeling Proposal to Be Introduced
House Speaker Hannah Pingree (D-North Haven) will introduce a state menu labeling bill that would require foodservice chains in the state with 15 or more locations nationwide to provide calorie information on menu boards and at drive thrus. Rep. Pingree is proposing the bill in order to address obesity. (Maine Public Broadcasting Network) The proposal has not yet been assigned a bill number.
LABOR/WAGE
Alaska Minimum Wage Hike and Indexing Bill Passes Senate Committee
SB 1, a bill to raise the state minimum wage to $8.75 and begin annual indexing increases to the Consumer Price Index (CPI) on January 1, 2010, has passed the state Senate Labor and Commerce Committee. The bill is sponsored by three Senators on the Labor and Commerce Committee, and has been referred to the Senate Finance Committee next. (Alaska Journal) Alaska?s unemployment rate increased 19 percent from December 2007 to December 2008.
Rhode Island Minimum Wage Hike and Indexing Bill Introduced
HB 5233, a bill to raise the state minimum wage from $7.40 to $7.75 on July 1, 2009, has been introduced by 5 state Representatives. The bill would also begin annual indexing of the minimum wage to the CPI starting July 1, 2011. HB 5233 was heard in the House Labor Committee on Wednesday and is pending decision making. (Providence Journal, RI) Hopefully legislators take into account that Rhode Island?s unemployment rate has increased 92 percent from December 2007 to December 2008 when considering this mandate.
Mandated Paid Sick Leave Bill Introduced in Minnesota (Read This)
A bill to mandate up to 9 days of paid sick leave per year for almost all workers in Minnesota, the Healthy Families, Healthy Workplaces Act, has been introduced. HB 612 (and companion bill SB 416) would require employers with 10 or more workers in the state to provide 1 hour of paid sick leave for every 30 hours worked, for up to 72 hours of paid sick leave per year for employees. Employers with fewer than 10 employees would only have to provide 40 hours of paid sick leave per year. HB 612 was heard in the House Commerce and Labor Committee on Tuesday. (Workday Minnesota)
SMOKING
South Dakota House Passes Smoking Ban Bill
The state House approved a statewide smoking ban proposal on Monday by a 43-27 vote. HB 1420 would ban smoking in bars, video lottery casinos, and restaurants that serve liquor, and was also amended by the House to ban smoking in gambling halls. The bill now heads to the Senate (where another version of a smoking ban was defeated earlier this year).Senate Majority Leader Dave Knudson (R-Sioux Falls) says he will ?enthusiastically? support the House?s version of the smoking ban, but is ?cautiously optimistic? that it will pass. (Associated Press) South Dakota?s legislative session ends on March 30, 2009.
North Carolina Smoking Ban Bill Reintroduced
The state House Health Committee held a hearing on HB 2 (companion bill SB 205)--a bill to ban smoking in public, indoor workplaces, including restaurants and bars--on Thursday. The bill, sponsored by Rep. Hugh Holliman (D-Davidson), will be heard again on Tuesday. Previous smoking ban legislation failed in the House in both 2005 and 2007. (WRAL TV, NC)
Bill to Weaken Ohio Smoking Ban to be Introduced
State Sen. Bob Schuler (R-Cincinnati) will introduce, within the next two months, a bill to allow exemptions for the state smoking ban that went into effect in May of 2007. Sen. Schuler says he has heard from businesses in the state--like bowling alleys, bars, and private clubs?whose business has decreased since the ban was enacted. Sen. Schuler?s legislation is likely to allow exemptions to the ban for private clubs, family-owned and other small businesses. (Dayton Daily News, OH)