Tanks Bar
2 Alder Rd
Babbitt, MN 55706
218-827-2302
(Issued ticket)
From: Mark Benjamin
Sent: Friday, March 14, 2008 10:10 PM
Subject: PRESS RELEASE; Ticket is issued in Babbitt MN for "Theater Night" violation of smoking ban
MARK W. BENJAMINCriminal Defense, P.A.237 Second Avenue SW, Suite 111Cambridge, MN 55008763-691-0900 (office)763-670-9664 (mobile)
Press Release
Finally! A ticket is issued to a brave Minnesota bar owner hosting Theater Night – and Mark Benjamin will request a court trial at the earliest possible date to test the legality of the “theatrical productions” exception to the state-wide smoking ban.
Friday, March 14, 2008. This afternoon Chief of Police Terry Switajewski drove out to Tank’s Bar located at 14 Alder Road in the City of Babbitt and issued a ticket to the owner, Thomas Marinaro. The crime? Smoking in violation of Minnesota’s state-wide smoking ban. Mr. Marinaro’s reaction? He lit up another cigarette, put his ticket in a frame and proudly hung it on the wall.
Independent and free Iron Ranger that he is, Mr. Marinaro said he will continue hosting Theater Night in his bar even if tickets rain down like confetti. He contacted Mark Benjamin this afternoon and an agreement was made for Mr. Benjamin to represent him free of charge.
The first court appearance is set for Friday, April 4, 2008 at 8:30 a.m. However, Mr. Benjamin will waive that hearing and request a court trial at the earliest possible date. He will bring a motion to dismiss prior to trial, arguing that the “theatrical productions” exception is unconstitutionally vague. “It is time for the rest of the state to find out what the Department of Health already knows, namely, that Minnesota’s smoking ban is unenforceable,” said Benjamin.
The City Attorney representing Babbitt is Michael K. Kearney of Colosimo, Patchin, Kearney, Brunfelt, Ltd. located at Law Center Building, 301 Chestnut Street, Virginia, MN 55792. He can be reached at (218) 741-4500.
The Babbitt Village Police Department is located at 71 South Drive, Babbitt, MN 55706. Police Chief Switajewski can be reached at (218) 827-2441.
Friday, March 14, 2008
Both a Senate and House Bill were introduced yesterday.
An update from the Legislature. Both a Senate and House Bill were introduced yesterday. Keep in mind that this is a start and the bills can be amended as it goes along in committees...provided they move along.
Let's help them move along...contact your reps...remember this November is election year.
Sheila
House Bill introduced yesterday 3-13-08.
Authors of the House Bill are Howes, Rukavina, Otremba, Emmer, and Solberg.
https://www.revisor.leg.state.mn.us/bin/bldbill.php?bill=H4032.0.html&session=ls85
H.F. No. 4032, as introduced - 85th Legislative Session (2007-2008) Posted on Mar 12, 2008
1.1A bill for an act1.2relating to health; making changes to the smoking ban by adding definitions and 1.3an exception and requiring posted signs;amending Minnesota Statutes 2006, 1.4section 144.413, by adding subdivisions; Minnesota Statutes 2007 Supplement, 1.5section 144.4167, by adding subdivisions.1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:1.7 Section 1. Minnesota Statutes 2006, section 144.413, is amended by adding a 1.8subdivision to read:1.9 Subd. 9. Cigarette. "Cigarette" means any product that contains nicotine, is 1.10intended to be burned or heated under ordinary conditions of use, and consists of or 1.11contains (1) any roll of tobacco wrapped in paper or in any substance not containing 1.12tobacco; or (2) tobacco, in any form, that is functional in the product, which, because of its 1.13appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely 1.14to be offered to, or purchased by, consumers as a cigarette; or (3) any roll of tobacco 1.15wrapped in any substance containing tobacco which, because of its appearance, the type 1.16of tobacco used in the filler, or its packaging or labeling, is likely to be offered to, or 1.17purchased by, consumers as a cigarette described in clause (1) of this definition. The 1.18term "cigarette" includes "roll-your-own."1.19 Sec. 2. Minnesota Statutes 2006, section 144.413, is amended by adding a subdivision 1.20to read:1.21 Subd. 10. Roll-your-own. "Roll-your-own" means any tobacco which, because of 1.22its appearance, type, packaging, or labeling is suitable for use and likely to be offered to, 1.23or purchased by, consumers as tobacco for making cigarettes.2.1 Sec. 3. Minnesota Statutes 2007 Supplement, section 144.4167, is amended by adding 2.2a subdivision to read:2.3 Subd. 10. VFW, American Legion post, private facilities, and other facilities.2.4Sections 144.414 to 144.417 do not prohibit smoking in private clubs, such as VFW 2.5clubs, American Legion posts, bingo halls, country clubs, and restaurants and liquor 2.6establishments with alcoholic beverage sales of 50 percent or more of total gross sales, 2.7provided the facility ensures or has reason to believe that no person under the age of 18 2.8years is present during an event when smoking is permitted. A private club means an 2.9organization that has criteria for admission and membership control over the organization's 2.10operations and use of facilities by nonmembers.2.11 Sec. 4. Minnesota Statutes 2007 Supplement, section 144.4167, is amended by adding 2.12a subdivision to read:2.13 Subd. 11. Ventilation systems in facilities. Sections 144.414 to 144.417 do not 2.14prohibit smoking in separate and enclosed rooms inside VFW clubs, American Legion 2.15posts, other private facilities, and restaurants and liquor establishments with alcoholic 2.16beverage sales of 50 percent or more of total gross sales, with an HVAC ventilation system.2.17 Sec. 5. Minnesota Statutes 2007 Supplement, section 144.4167, is amended by adding 2.18a subdivision to read:2.19 Subd. 12. Signs. Every public place or adult-only facility where smoking is 2.20permitted throughout the entire premises shall have displayed conspicuously one sign at 2.21every entrance to the public place or adult-only facility that bears the words "Smoking 2.22Permitted" or the international "Smoking Permitted" symbol. Every public place that has 2.23designated separate areas where smoking is permitted shall have displayed conspicuously 2.24one sign at every entrance to the public place that bears the words "No Smoking in 2.25Designated Areas" or the international "No Smoking" symbol with the addition of the 2.26words "Except in Designated Areas."
Senate Bill introduced yesterday 3-13-08.
Author on the Senate Bill is Skoe.
https://www.revisor.leg.state.mn.us/bin/bldbill.php?bill=S3727.0.html&session=ls85
S.F. No. 3727, as introduced - 85th Legislative Session (2007-2008) Posted on Mar 12, 2008
1.1A bill for an act1.2relating to health; making changes to the smoking ban by adding definitions and 1.3an exception and requiring posted signs;amending Minnesota Statutes 2006, 1.4section 144.413, by adding subdivisions; Minnesota Statutes 2007 Supplement, 1.5section 144.4167, by adding subdivisions.1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:1.7 Section 1. Minnesota Statutes 2006, section 144.413, is amended by adding a 1.8subdivision to read:1.9 Subd. 9. Cigarette. "Cigarette" means any product that contains nicotine, is 1.10intended to be burned or heated under ordinary conditions of use, and consists of or 1.11contains (1) any roll of tobacco wrapped in paper or in any substance not containing 1.12tobacco; or (2) tobacco, in any form, that is functional in the product, which, because of its 1.13appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely 1.14to be offered to, or purchased by, consumers as a cigarette; or (3) any roll of tobacco 1.15wrapped in any substance containing tobacco which, because of its appearance, the type 1.16of tobacco used in the filler, or its packaging or labeling, is likely to be offered to, or 1.17purchased by, consumers as a cigarette described in clause (1) of this definition. The 1.18term "cigarette" includes "roll-your-own."1.19 Sec. 2. Minnesota Statutes 2006, section 144.413, is amended by adding a subdivision 1.20to read:1.21 Subd. 10. Roll-your-own. "Roll-your-own" means any tobacco which, because of 1.22its appearance, type, packaging, or labeling is suitable for use and likely to be offered to, 1.23or purchased by, consumers as tobacco for making cigarettes.2.1 Sec. 3. Minnesota Statutes 2007 Supplement, section 144.4167, is amended by adding 2.2a subdivision to read:2.3 Subd. 10. VFW, American Legion post, private facilities, and other facilities.2.4Sections 144.414 to 144.417 do not prohibit smoking in private clubs, such as VFW 2.5clubs, American Legion posts, bingo halls, country clubs, and restaurants and liquor 2.6establishments with alcoholic beverage sales of 50 percent or more of total gross sales, 2.7provided the facility ensures or has reason to believe that no person under the age of 18 2.8years is present during an event when smoking is permitted. A private club means an 2.9organization that has criteria for admission and membership control over the organization's 2.10operations and use of facilities by nonmembers.2.11 Sec. 4. Minnesota Statutes 2007 Supplement, section 144.4167, is amended by adding 2.12a subdivision to read:2.13 Subd. 11. Ventilation systems in facilities. Sections 144.414 to 144.417 do not 2.14prohibit smoking in separate and enclosed rooms inside VFW clubs, American Legion 2.15posts, other private facilities, and restaurants and liquor establishments with alcoholic 2.16beverage sales of 50 percent or more of total gross sales, with an HVAC ventilation system.2.17 Sec. 5. Minnesota Statutes 2007 Supplement, section 144.4167, is amended by adding 2.18a subdivision to read:2.19 Subd. 12. Signs. Every public place or adult-only facility where smoking is 2.20permitted throughout the entire premises shall have displayed conspicuously one sign at 2.21every entrance to the public place or adult-only facility that bears the words "Smoking 2.22Permitted" or the international "Smoking Permitted" symbol. Every public place that has 2.23designated separate areas where smoking is permitted shall have displayed conspicuously 2.24one sign at every entrance to the public place that bears the words "No Smoking in 2.25Designated Areas" or the international "No Smoking" symbol with the addition of the 2.26words "Except in Designated Areas."
Let's help them move along...contact your reps...remember this November is election year.
Sheila
House Bill introduced yesterday 3-13-08.
Authors of the House Bill are Howes, Rukavina, Otremba, Emmer, and Solberg.
https://www.revisor.leg.state.mn.us/bin/bldbill.php?bill=H4032.0.html&session=ls85
H.F. No. 4032, as introduced - 85th Legislative Session (2007-2008) Posted on Mar 12, 2008
1.1A bill for an act1.2relating to health; making changes to the smoking ban by adding definitions and 1.3an exception and requiring posted signs;amending Minnesota Statutes 2006, 1.4section 144.413, by adding subdivisions; Minnesota Statutes 2007 Supplement, 1.5section 144.4167, by adding subdivisions.1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:1.7 Section 1. Minnesota Statutes 2006, section 144.413, is amended by adding a 1.8subdivision to read:1.9 Subd. 9. Cigarette. "Cigarette" means any product that contains nicotine, is 1.10intended to be burned or heated under ordinary conditions of use, and consists of or 1.11contains (1) any roll of tobacco wrapped in paper or in any substance not containing 1.12tobacco; or (2) tobacco, in any form, that is functional in the product, which, because of its 1.13appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely 1.14to be offered to, or purchased by, consumers as a cigarette; or (3) any roll of tobacco 1.15wrapped in any substance containing tobacco which, because of its appearance, the type 1.16of tobacco used in the filler, or its packaging or labeling, is likely to be offered to, or 1.17purchased by, consumers as a cigarette described in clause (1) of this definition. The 1.18term "cigarette" includes "roll-your-own."1.19 Sec. 2. Minnesota Statutes 2006, section 144.413, is amended by adding a subdivision 1.20to read:1.21 Subd. 10. Roll-your-own. "Roll-your-own" means any tobacco which, because of 1.22its appearance, type, packaging, or labeling is suitable for use and likely to be offered to, 1.23or purchased by, consumers as tobacco for making cigarettes.2.1 Sec. 3. Minnesota Statutes 2007 Supplement, section 144.4167, is amended by adding 2.2a subdivision to read:2.3 Subd. 10. VFW, American Legion post, private facilities, and other facilities.2.4Sections 144.414 to 144.417 do not prohibit smoking in private clubs, such as VFW 2.5clubs, American Legion posts, bingo halls, country clubs, and restaurants and liquor 2.6establishments with alcoholic beverage sales of 50 percent or more of total gross sales, 2.7provided the facility ensures or has reason to believe that no person under the age of 18 2.8years is present during an event when smoking is permitted. A private club means an 2.9organization that has criteria for admission and membership control over the organization's 2.10operations and use of facilities by nonmembers.2.11 Sec. 4. Minnesota Statutes 2007 Supplement, section 144.4167, is amended by adding 2.12a subdivision to read:2.13 Subd. 11. Ventilation systems in facilities. Sections 144.414 to 144.417 do not 2.14prohibit smoking in separate and enclosed rooms inside VFW clubs, American Legion 2.15posts, other private facilities, and restaurants and liquor establishments with alcoholic 2.16beverage sales of 50 percent or more of total gross sales, with an HVAC ventilation system.2.17 Sec. 5. Minnesota Statutes 2007 Supplement, section 144.4167, is amended by adding 2.18a subdivision to read:2.19 Subd. 12. Signs. Every public place or adult-only facility where smoking is 2.20permitted throughout the entire premises shall have displayed conspicuously one sign at 2.21every entrance to the public place or adult-only facility that bears the words "Smoking 2.22Permitted" or the international "Smoking Permitted" symbol. Every public place that has 2.23designated separate areas where smoking is permitted shall have displayed conspicuously 2.24one sign at every entrance to the public place that bears the words "No Smoking in 2.25Designated Areas" or the international "No Smoking" symbol with the addition of the 2.26words "Except in Designated Areas."
Senate Bill introduced yesterday 3-13-08.
Author on the Senate Bill is Skoe.
https://www.revisor.leg.state.mn.us/bin/bldbill.php?bill=S3727.0.html&session=ls85
S.F. No. 3727, as introduced - 85th Legislative Session (2007-2008) Posted on Mar 12, 2008
1.1A bill for an act1.2relating to health; making changes to the smoking ban by adding definitions and 1.3an exception and requiring posted signs;amending Minnesota Statutes 2006, 1.4section 144.413, by adding subdivisions; Minnesota Statutes 2007 Supplement, 1.5section 144.4167, by adding subdivisions.1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:1.7 Section 1. Minnesota Statutes 2006, section 144.413, is amended by adding a 1.8subdivision to read:1.9 Subd. 9. Cigarette. "Cigarette" means any product that contains nicotine, is 1.10intended to be burned or heated under ordinary conditions of use, and consists of or 1.11contains (1) any roll of tobacco wrapped in paper or in any substance not containing 1.12tobacco; or (2) tobacco, in any form, that is functional in the product, which, because of its 1.13appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely 1.14to be offered to, or purchased by, consumers as a cigarette; or (3) any roll of tobacco 1.15wrapped in any substance containing tobacco which, because of its appearance, the type 1.16of tobacco used in the filler, or its packaging or labeling, is likely to be offered to, or 1.17purchased by, consumers as a cigarette described in clause (1) of this definition. The 1.18term "cigarette" includes "roll-your-own."1.19 Sec. 2. Minnesota Statutes 2006, section 144.413, is amended by adding a subdivision 1.20to read:1.21 Subd. 10. Roll-your-own. "Roll-your-own" means any tobacco which, because of 1.22its appearance, type, packaging, or labeling is suitable for use and likely to be offered to, 1.23or purchased by, consumers as tobacco for making cigarettes.2.1 Sec. 3. Minnesota Statutes 2007 Supplement, section 144.4167, is amended by adding 2.2a subdivision to read:2.3 Subd. 10. VFW, American Legion post, private facilities, and other facilities.2.4Sections 144.414 to 144.417 do not prohibit smoking in private clubs, such as VFW 2.5clubs, American Legion posts, bingo halls, country clubs, and restaurants and liquor 2.6establishments with alcoholic beverage sales of 50 percent or more of total gross sales, 2.7provided the facility ensures or has reason to believe that no person under the age of 18 2.8years is present during an event when smoking is permitted. A private club means an 2.9organization that has criteria for admission and membership control over the organization's 2.10operations and use of facilities by nonmembers.2.11 Sec. 4. Minnesota Statutes 2007 Supplement, section 144.4167, is amended by adding 2.12a subdivision to read:2.13 Subd. 11. Ventilation systems in facilities. Sections 144.414 to 144.417 do not 2.14prohibit smoking in separate and enclosed rooms inside VFW clubs, American Legion 2.15posts, other private facilities, and restaurants and liquor establishments with alcoholic 2.16beverage sales of 50 percent or more of total gross sales, with an HVAC ventilation system.2.17 Sec. 5. Minnesota Statutes 2007 Supplement, section 144.4167, is amended by adding 2.18a subdivision to read:2.19 Subd. 12. Signs. Every public place or adult-only facility where smoking is 2.20permitted throughout the entire premises shall have displayed conspicuously one sign at 2.21every entrance to the public place or adult-only facility that bears the words "Smoking 2.22Permitted" or the international "Smoking Permitted" symbol. Every public place that has 2.23designated separate areas where smoking is permitted shall have displayed conspicuously 2.24one sign at every entrance to the public place that bears the words "No Smoking in 2.25Designated Areas" or the international "No Smoking" symbol with the addition of the 2.26words "Except in Designated Areas."
Threats is all they have because they're trying not to push too far
Greg - Can you post this entire e-mail. I do not want anything said to be taken out of context. Tom is "not afraid or ashamed of anything " he says and granted me permission to post his reply. Below is an e-mail that I sent out and Tom's response to my e-mail. Thanks much Sheila ----- Original Message ----- From: "Thomas Funari" <hdiver @ divertunes.com> To: "Sheila Kromer" <sheiladk @ comcast.net> Sent: Friday, March 14, 2008 8:26 AM Subject: Re: Theater Update 3-14-08 >
Threats is all they have because they're trying not to push too far > too fast in ways that can be debunked rather quickly. I have been > told by my senator that the ban proponents are scurrying around the > floor like chickens with their heads cut off. He's apparently > finding the whole situation highly amusing from the tone of the email > I got from him. They're afraid to simply open the FTBA to amend it > because they don't think that they have the votes to amend it and > pass it, quite the opposite, they're afraid there are enough votes to > repeal the ban should they move to open it. As a result, the > proponents are trying to get the MDH and the cities to do their dirty > work for them in the form of threats and intimidation. > > They don't want to open the ban and they don't want one of these > cases in court too quickly. They're waiting for the election to see > if they fill more seats with ban supporters before they try to open > the ban. They're hoping that the "heavy-handed enforcement" will be > enough of a deterent that they may not need to re-open the FTBA when > it all comes down to it. > > I would be interested in the legal ramifications on the city > regarding this type of enforcement. It's now hugely public what has > happened and it is my thought that this is tantamount to blackmail > from the city to force the nightclub to cease and desist a legal > activity by holding their liquor license over their head. I think > this is why there's been no comment from the city attorney, they > don't want to go on record that this is the truth. They most likely > plan to cite something else as the reason for pulling the liquor > license. > >
This is not the America that we believe in. This is not the America > that our brave men and women in the military have risked their lives > for. This is not the America for which my grandfather bore the > burdens of the demons which haunted him following his survival in the > attack on Pearl Harbor. > >> Everyone - Here is an article about what happened to the Rock Night Club. >> This article has hit all the papers and is spreading rapidly. What >> appears >> to be going on here is simply an "abuse of power".
Since the MDH couldn't >> scare us off...they are attacking the cities instead. Note that the city >> attorney couldn't be reached for comment...I wonder why. Will other >> cities >> cave? Let's hope they have some backbone and do not cave. One question to >> ask yourself, is why does the MDH just not issue a violation letter so we >> can take it to court? How long has it been anyways. Is it because they >> have nothing but THREATS to issue? We are continuing to investigate this >> matter but it takes time...we will let all of you know what we find out. >> In the mean time, if you hear of anything in your area let us know >> immediately. I have contacted my legislators about this matter and I >> would >> suggest that everyone else does too! Theatrical exemptions are >> legal...why all the threats??? If it was truly "illegal" why not a court >> of law instead of the threats? >> >> We at Barnacles will go on with the show! >> >>
Sheila >> >> >> >> Posted on Fri, Mar. 14, 2008 >> >> >> >> At One Minnesota Bar, the Show's Over >> GREGG AAMOT >> >> The Associated Press >> >> MINNEAPOLIS - The show won't go on at The Rock, a hard-rock and heavy >> metal bar in suburban Maplewood that has been staging faux theatrical >> productions to get around Minnesota's smoking ban. >> >> Owner Brian Bauman said the city attorney paid him a visit on Wednesday >> and told him The Rock's liquor license could be reconsidered by the City >> Council if the bar keeps up the acts. >> >> "He told me we need to cease what we're doing out here immediately," >> Bauman said. >> >> The Rock is one of about three dozen bars in Minnesota that began staging >> the fake productions to exploit a loophole in the law , which went into >> effect Oct. 1 , that exempts performers in theatrical productions. The >> state Health Department got wind of the shows and announced last week >> that >> it would begin cracking down on "theater nights" with fines of as much as >> $10,000. >> >> A few bars have encouraged their patrons to dress in costume and attempt >> a >> little improvisation. Others, like The Rock, have done little more than >> print cheap playbills to tack over the entrance, listing the patrons as >> "actors" who are then entitled to smoke. >> >> Several reported a boost in business since they began allowing smoking >> again. >> >> Maplewood City Attorney Alan Kantrud did not immediately respond Thursday >> to an Associated Press call seeking comment. >> >> John Stieger, a spokesman for the Health Department, said Thursday the >> agency didn't know how many bars had stopped putting on theater nights >> since the threatened crackdown. He said the agency hoped a combination of >> local law enforcement and the threat of fines would put an end to them. >> >> Bauman said The Rock couldn't risk losing its liquor license, so its >> final >> "show" , dubbed "Before the Ban" , will be held Sunday, despite the risk. >> >> "Then we'll go back to losing money," he said. >>
Threats is all they have because they're trying not to push too far > too fast in ways that can be debunked rather quickly. I have been > told by my senator that the ban proponents are scurrying around the > floor like chickens with their heads cut off. He's apparently > finding the whole situation highly amusing from the tone of the email > I got from him. They're afraid to simply open the FTBA to amend it > because they don't think that they have the votes to amend it and > pass it, quite the opposite, they're afraid there are enough votes to > repeal the ban should they move to open it. As a result, the > proponents are trying to get the MDH and the cities to do their dirty > work for them in the form of threats and intimidation. > > They don't want to open the ban and they don't want one of these > cases in court too quickly. They're waiting for the election to see > if they fill more seats with ban supporters before they try to open > the ban. They're hoping that the "heavy-handed enforcement" will be > enough of a deterent that they may not need to re-open the FTBA when > it all comes down to it. > > I would be interested in the legal ramifications on the city > regarding this type of enforcement. It's now hugely public what has > happened and it is my thought that this is tantamount to blackmail > from the city to force the nightclub to cease and desist a legal > activity by holding their liquor license over their head. I think > this is why there's been no comment from the city attorney, they > don't want to go on record that this is the truth. They most likely > plan to cite something else as the reason for pulling the liquor > license. > >
This is not the America that we believe in. This is not the America > that our brave men and women in the military have risked their lives > for. This is not the America for which my grandfather bore the > burdens of the demons which haunted him following his survival in the > attack on Pearl Harbor. > >> Everyone - Here is an article about what happened to the Rock Night Club. >> This article has hit all the papers and is spreading rapidly. What >> appears >> to be going on here is simply an "abuse of power".
Since the MDH couldn't >> scare us off...they are attacking the cities instead. Note that the city >> attorney couldn't be reached for comment...I wonder why. Will other >> cities >> cave? Let's hope they have some backbone and do not cave. One question to >> ask yourself, is why does the MDH just not issue a violation letter so we >> can take it to court? How long has it been anyways. Is it because they >> have nothing but THREATS to issue? We are continuing to investigate this >> matter but it takes time...we will let all of you know what we find out. >> In the mean time, if you hear of anything in your area let us know >> immediately. I have contacted my legislators about this matter and I >> would >> suggest that everyone else does too! Theatrical exemptions are >> legal...why all the threats??? If it was truly "illegal" why not a court >> of law instead of the threats? >> >> We at Barnacles will go on with the show! >> >>
Sheila >> >> >> >> Posted on Fri, Mar. 14, 2008 >> >> >> >> At One Minnesota Bar, the Show's Over >> GREGG AAMOT >> >> The Associated Press >> >> MINNEAPOLIS - The show won't go on at The Rock, a hard-rock and heavy >> metal bar in suburban Maplewood that has been staging faux theatrical >> productions to get around Minnesota's smoking ban. >> >> Owner Brian Bauman said the city attorney paid him a visit on Wednesday >> and told him The Rock's liquor license could be reconsidered by the City >> Council if the bar keeps up the acts. >> >> "He told me we need to cease what we're doing out here immediately," >> Bauman said. >> >> The Rock is one of about three dozen bars in Minnesota that began staging >> the fake productions to exploit a loophole in the law , which went into >> effect Oct. 1 , that exempts performers in theatrical productions. The >> state Health Department got wind of the shows and announced last week >> that >> it would begin cracking down on "theater nights" with fines of as much as >> $10,000. >> >> A few bars have encouraged their patrons to dress in costume and attempt >> a >> little improvisation. Others, like The Rock, have done little more than >> print cheap playbills to tack over the entrance, listing the patrons as >> "actors" who are then entitled to smoke. >> >> Several reported a boost in business since they began allowing smoking >> again. >> >> Maplewood City Attorney Alan Kantrud did not immediately respond Thursday >> to an Associated Press call seeking comment. >> >> John Stieger, a spokesman for the Health Department, said Thursday the >> agency didn't know how many bars had stopped putting on theater nights >> since the threatened crackdown. He said the agency hoped a combination of >> local law enforcement and the threat of fines would put an end to them. >> >> Bauman said The Rock couldn't risk losing its liquor license, so its >> final >> "show" , dubbed "Before the Ban" , will be held Sunday, despite the risk. >> >> "Then we'll go back to losing money," he said. >>
At One Minnesota Bar, the Show's Over
Everyone - Here is an article about what happened to the Rock Night Club. This article has hit all the papers and is spreading rapidly. What appears to be going on here is simply an "abuse of power". Since the MDH couldn't scare us off...they are attacking the cities instead. Note that the city attorney couldn't be reached for comment...I wonder why. Will other cities cave? Let's hope they have some backbone and do not cave. One question to ask yourself, is why does the MDH just not issue a violation letter so we can take it to court? How long has it been anyways. Is it because they have nothing but THREATS to issue? We are continuing to investigate this matter but it takes time...we will let all of you know what we find out. In the mean time, if you hear of anything in your area let us know immediately. I have contacted my legislators about this matter and I would suggest that everyone else does too! Theatrical exemptions are legal...why all the threats??? If it was truly "illegal" why not a court of law instead of the threats?
We at Barnacles will go on with the show!
Sheila
http://www.washingtonpost.com/wp-dyn/content/article/2008/03/14/AR2008031400699.html
Posted on Fri, Mar. 14, 2008
At One Minnesota Bar, the Show's Over
GREGG AAMOT
The Associated Press
MINNEAPOLIS - The show won't go on at The Rock, a hard-rock and heavy metal bar in suburban Maplewood that has been staging faux theatrical productions to get around Minnesota's smoking ban.
Owner Brian Bauman said the city attorney paid him a visit on Wednesday and told him The Rock's liquor license could be reconsidered by the City Council if the bar keeps up the acts.
"He told me we need to cease what we're doing out here immediately," Bauman said.
The Rock is one of about three dozen bars in Minnesota that began staging the fake productions to exploit a loophole in the law , which went into effect Oct. 1 , that exempts performers in theatrical productions. The state Health Department got wind of the shows and announced last week that it would begin cracking down on "theater nights" with fines of as much as $10,000.
A few bars have encouraged their patrons to dress in costume and attempt a little improvisation. Others, like The Rock, have done little more than print cheap playbills to tack over the entrance, listing the patrons as "actors" who are then entitled to smoke.
Several reported a boost in business since they began allowing smoking again.
Maplewood City Attorney Alan Kantrud did not immediately respond Thursday to an Associated Press call seeking comment.
John Stieger, a spokesman for the Health Department, said Thursday the agency didn't know how many bars had stopped putting on theater nights since the threatened crackdown. He said the agency hoped a combination of local law enforcement and the threat of fines would put an end to them.
Bauman said The Rock couldn't risk losing its liquor license, so its final "show" , dubbed "Before the Ban" , will be held Sunday, despite the risk.
"Then we'll go back to losing money," he said.
We at Barnacles will go on with the show!
Sheila
http://www.washingtonpost.com/wp-dyn/content/article/2008/03/14/AR2008031400699.html
Posted on Fri, Mar. 14, 2008
At One Minnesota Bar, the Show's Over
GREGG AAMOT
The Associated Press
MINNEAPOLIS - The show won't go on at The Rock, a hard-rock and heavy metal bar in suburban Maplewood that has been staging faux theatrical productions to get around Minnesota's smoking ban.
Owner Brian Bauman said the city attorney paid him a visit on Wednesday and told him The Rock's liquor license could be reconsidered by the City Council if the bar keeps up the acts.
"He told me we need to cease what we're doing out here immediately," Bauman said.
The Rock is one of about three dozen bars in Minnesota that began staging the fake productions to exploit a loophole in the law , which went into effect Oct. 1 , that exempts performers in theatrical productions. The state Health Department got wind of the shows and announced last week that it would begin cracking down on "theater nights" with fines of as much as $10,000.
A few bars have encouraged their patrons to dress in costume and attempt a little improvisation. Others, like The Rock, have done little more than print cheap playbills to tack over the entrance, listing the patrons as "actors" who are then entitled to smoke.
Several reported a boost in business since they began allowing smoking again.
Maplewood City Attorney Alan Kantrud did not immediately respond Thursday to an Associated Press call seeking comment.
John Stieger, a spokesman for the Health Department, said Thursday the agency didn't know how many bars had stopped putting on theater nights since the threatened crackdown. He said the agency hoped a combination of local law enforcement and the threat of fines would put an end to them.
Bauman said The Rock couldn't risk losing its liquor license, so its final "show" , dubbed "Before the Ban" , will be held Sunday, despite the risk.
"Then we'll go back to losing money," he said.
River Fall Journal. Note mention of smoking on state of Jungle Theater in Minneapolis.
"Never mind the secondhand smoke that assaulted me during a recent trip to the Jungle Theatre on Lyndale Avenue (MINNEAPOLIS). Secondhand smoke is apparently OK if it’s in the Service of Art." http://www.jungletheater.com/
http://www.riverfallsjournal.com/articles/index.cfm?id=86414§ion=Opinion
Woodworking: Smokers: Just put on your acting capsDave Wood, columnistRiver Falls Journal - 03/14/2008
Just when you think there’s no spirit left in the American psyche, you read something that makes your heart leap up.
As some of you may know, Gov. Jim Doyle wants to make the Badger State just like Minnesota, where nothing is allowed.
Doyle wants to make Wisconsin smoke-free, turning a deaf ear to all those tobacco farmers in Vernon and Trempealeau Counties (most of them are Republicans anyway) and prohibiting all of us blue-collar folks from enjoying a cigarette with an after-work beer at our favorite watering hole.
Doyle and the other Badger busy bodies tell us it’s for our own good and that if we all stop smoking medical costs will plummet, even though a recent European study discovered that non-smokers are the ones who cause medical costs to increase because they live longer.
Anyway, that’s where it stands. Minnesota’s law has been in effect for more than a year now and the saloonkeepers of Hudson are all on their way to the Riviera because Gophers have to come over here to have a smoke.
If Doyle has his way, they’ll have to come back from the Riviera, so they can turn their bars into dollar stores when drinkers stop coming, as they already have in Madison, where bars are closing every week.
It’s a dismal picture for those of us who are reprobates and still enjoy an occasional cigarette.
So my heart leapt up with glee when I read in the Star Tribune last month about one Mark Benjamin, a Cambridge, Minn., attorney and non-smoker, has discovered a loophole in the Minnesota law.
When the solons in St. Paul were writing the bill, a whole bunch of influential artsy folks got worried about the Guthrie Theater and the Park Square and the other thousands of theatrical sites in the Twin Cities.
What, they asked their congresspersons, if a play called for an actor to smoke on stage? It would be a shame, they said, if someone had to suck on a candy cigarette.
So the lawmakers in their wisdom attached a rider to the bill which said that actors could smoke on stage in the theaters all around the Gopher State. Never mind the secondhand smoke that assaulted me during a recent trip to the Jungle Theatre on Lyndale Avenue. Secondhand smoke is apparently OK if it’s in the Service of Art.
Mark Benjamin told the Star Tribune that, “In a bar you get a $300 ticket but in a ‘theatrical production’ you get applause and accolades.” Fortunately for us reprobates, the Legislature in its haste to suck up to the arts crowd forgot to define where “theatrical productions” could be performed.
Benjamin reminded the Tribune that Shakespeare once wrote: “All the world’s a stage, and all the men and women merely players….so if you’re a bar owner and don a beret, declare your bar a stage, hand out scripts and direct your patrons – ahem — performers to fire up….then you’ve got a bonafide production going on.”
In conclusion, Benjamin told the Tribune he was going to stage a “tobacco troupe” production at a Cambridge bar that very night. I hope it goes well.
That would present all sorts of opportunities for the soon-to-be beleaguered tavern keepers in River Falls. So I hope when Doyle brings his bill before the Wisconsin legislature, droves of cast members and stagehands from the St. Croix Valley players will descend on Madison and demand access to smokes on stages at UW-RF’s Kleinpell Fine Arts.
Should they succeed, think of how this little town on the Kinni would be submerged in culture.
Johnnie’s Orpheum would be presided over by theatrical impresario Dave Dinteman and the “Little West Wind Off Times Square” would feature dinner theatre in its grand dining room.
Same for the Bo’s and Mine Belasco, Emma’s Emporium of Drama, the Mainstreeter Pantages and the Brave New Copper Kettle.
Another advantage to the plan is that the owners wouldn’t have to worry about a writer’s strike, which shut down Broadway. That’s because, for simplicity’s sake, there’ll be only one play at all the taverns, a fairly simple one.
You’ll be greeted at the door by the likes of Dinteman and Kevin Pechacek and Lynn Johnson. They’ll each hand out the same script:
MEETING ST. PETER AT THE GOLDEN GATE
A PLAY IN ONE ACT BY PHIL HARRIS
Stage Directions: All players belly up to the bar and smoke, smoke, smoke that cigarette.
THE END.
Dave would like to hear from you. E-mail him at wood8722@sbcglobal.net.
http://www.riverfallsjournal.com/articles/index.cfm?id=86414§ion=Opinion
Woodworking: Smokers: Just put on your acting capsDave Wood, columnistRiver Falls Journal - 03/14/2008
Just when you think there’s no spirit left in the American psyche, you read something that makes your heart leap up.
As some of you may know, Gov. Jim Doyle wants to make the Badger State just like Minnesota, where nothing is allowed.
Doyle wants to make Wisconsin smoke-free, turning a deaf ear to all those tobacco farmers in Vernon and Trempealeau Counties (most of them are Republicans anyway) and prohibiting all of us blue-collar folks from enjoying a cigarette with an after-work beer at our favorite watering hole.
Doyle and the other Badger busy bodies tell us it’s for our own good and that if we all stop smoking medical costs will plummet, even though a recent European study discovered that non-smokers are the ones who cause medical costs to increase because they live longer.
Anyway, that’s where it stands. Minnesota’s law has been in effect for more than a year now and the saloonkeepers of Hudson are all on their way to the Riviera because Gophers have to come over here to have a smoke.
If Doyle has his way, they’ll have to come back from the Riviera, so they can turn their bars into dollar stores when drinkers stop coming, as they already have in Madison, where bars are closing every week.
It’s a dismal picture for those of us who are reprobates and still enjoy an occasional cigarette.
So my heart leapt up with glee when I read in the Star Tribune last month about one Mark Benjamin, a Cambridge, Minn., attorney and non-smoker, has discovered a loophole in the Minnesota law.
When the solons in St. Paul were writing the bill, a whole bunch of influential artsy folks got worried about the Guthrie Theater and the Park Square and the other thousands of theatrical sites in the Twin Cities.
What, they asked their congresspersons, if a play called for an actor to smoke on stage? It would be a shame, they said, if someone had to suck on a candy cigarette.
So the lawmakers in their wisdom attached a rider to the bill which said that actors could smoke on stage in the theaters all around the Gopher State. Never mind the secondhand smoke that assaulted me during a recent trip to the Jungle Theatre on Lyndale Avenue. Secondhand smoke is apparently OK if it’s in the Service of Art.
Mark Benjamin told the Star Tribune that, “In a bar you get a $300 ticket but in a ‘theatrical production’ you get applause and accolades.” Fortunately for us reprobates, the Legislature in its haste to suck up to the arts crowd forgot to define where “theatrical productions” could be performed.
Benjamin reminded the Tribune that Shakespeare once wrote: “All the world’s a stage, and all the men and women merely players….so if you’re a bar owner and don a beret, declare your bar a stage, hand out scripts and direct your patrons – ahem — performers to fire up….then you’ve got a bonafide production going on.”
In conclusion, Benjamin told the Tribune he was going to stage a “tobacco troupe” production at a Cambridge bar that very night. I hope it goes well.
That would present all sorts of opportunities for the soon-to-be beleaguered tavern keepers in River Falls. So I hope when Doyle brings his bill before the Wisconsin legislature, droves of cast members and stagehands from the St. Croix Valley players will descend on Madison and demand access to smokes on stages at UW-RF’s Kleinpell Fine Arts.
Should they succeed, think of how this little town on the Kinni would be submerged in culture.
Johnnie’s Orpheum would be presided over by theatrical impresario Dave Dinteman and the “Little West Wind Off Times Square” would feature dinner theatre in its grand dining room.
Same for the Bo’s and Mine Belasco, Emma’s Emporium of Drama, the Mainstreeter Pantages and the Brave New Copper Kettle.
Another advantage to the plan is that the owners wouldn’t have to worry about a writer’s strike, which shut down Broadway. That’s because, for simplicity’s sake, there’ll be only one play at all the taverns, a fairly simple one.
You’ll be greeted at the door by the likes of Dinteman and Kevin Pechacek and Lynn Johnson. They’ll each hand out the same script:
MEETING ST. PETER AT THE GOLDEN GATE
A PLAY IN ONE ACT BY PHIL HARRIS
Stage Directions: All players belly up to the bar and smoke, smoke, smoke that cigarette.
THE END.
Dave would like to hear from you. E-mail him at wood8722@sbcglobal.net.
letter from Sue Kiley - Polish Palace Sobieski, Mn
Hey Greg - Can we post
Sent: Thursday, March 13, 2008 12:27 PM
Subject: [SPAM] Re: Theater Nites Update - Please Read
Hi Sheila,
My Theater night is wonderful. My bar is booming. My bar is in a town of population of 210. We have two bars. My bar is the only one with theater . The first week I started I Grossed $2000.00 more then the week before. The word is getting around fast. Thanks to Sheila, Mark, and Gregory.
Sue Kiley - Polish Palace Sobieski, Mn
Sent: Thursday, March 13, 2008 12:27 PM
Subject: [SPAM] Re: Theater Nites Update - Please Read
Hi Sheila,
My Theater night is wonderful. My bar is booming. My bar is in a town of population of 210. We have two bars. My bar is the only one with theater . The first week I started I Grossed $2000.00 more then the week before. The word is getting around fast. Thanks to Sheila, Mark, and Gregory.
Sue Kiley - Polish Palace Sobieski, Mn
I am affiliated with a smokers rights group (Forces.org)
Greg - Can we post.
Sheila,
I am affiliated with a smokers rights group (Forces.org) and I just wanted to let you and all the other participants in this wonderful mockery of this ridiculous smoking ban know that we are behind you 100%.
We've done a couple stories concerning this Minnesota uprising and we hope that all of you keep fighting.
Here is a link to our latest piece.
http://forces.org/News_Portal/news_viewer.php?id=898
We would be much obliged if you would forward this email to all the participants, if you have that list and the time to do it.
Hang in there!
FORCES
Sheila,
I am affiliated with a smokers rights group (Forces.org) and I just wanted to let you and all the other participants in this wonderful mockery of this ridiculous smoking ban know that we are behind you 100%.
We've done a couple stories concerning this Minnesota uprising and we hope that all of you keep fighting.
Here is a link to our latest piece.
http://forces.org/News_Portal/news_viewer.php?id=898
We would be much obliged if you would forward this email to all the participants, if you have that list and the time to do it.
Hang in there!
FORCES
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