Mark W. Benjamin: Bars could stage a challenge to statewide smoking ban
By MARK W. BENJAMIN
February 8, 2008
This spring the Legislature will review the Freedom to Breathe Act that swatted smokers out of warm Minnesota bars and onto freezing sidewalks. There smokers huddle and, hands shaking, try to light up.
Meanwhile, the hands of small bar owners are shaking for different reasons. They worry over their balance sheets, awash in red ink, and lay off their part-time help. As the nation slides into recession, things can only get worse.
It's a cliché in the Twin Cities that the backbone of our economy is the small-business owner, but not in Greater Minnesota where small business might be the only employer in town. So shouldn't small-business owners get a financial hardship exception if they've been hurt by the smoking ban?
That question was asked last spring when the Legislature was lobbied to provide just such an exception. But the Legislature said no. After all, there should be no exceptions when it comes to the public health. Right?
Not quite. In fact, our legislators carved out exceptions for scientific study participants, Native Americans, tobacconists, truckers, farmers, actors and actresses and ... wait! What was that last one?
That's right. When the smoking ban was debated, some theater-going, latte-drinking, Volvo-driving legislators got their undies all in a bundle that a few performers might not be allowed to smoke cigarettes on stage. Really. They worried that performers might have to suck on straws or pencils or -- you know -- "act" like they were smoking. Heavens! Whatever would become of The Theatre?
Not to worry. Our legislators quietly slipped in an exception for "theatrical productions" so that actors and actresses could puff away onstage and the delicate flower of artistic expression could more fully flourish in the North Star State.
But in their haste they forgot to define where "theatrical productions" could be performed. And they forgot the words of the Bard, "All the world's a stage, and all the men and women merely players." If we have Shakespeare in the park, can't we have Shakespeare in the bar?
See, the act prohibits smoking in a bar but not in a "theatrical production." In a bar you get a $300 ticket but in a "theatrical production" you get applause and accolades. 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 some heaters, then you've got a bona fide "theatrical production" going on. The acting might not be so good, but the smoking will be sheer bliss -- and legal to boot. There really is no business like show business.
There's also no business like criminal defense. Any Barney Fife cop who writes a ticket against an owner/director or patron/performer will quickly find himself performing -- and bombing -- in court. What, will he suddenly become a theater critic and render his opinion on the quality of the script, the pathos of the performance or the layout of the set design? That trial would be a theatrical production in itself.
Our shameless legislators favored the artistic integrity of a few theater owners over the blue-collar work ethic of a few thousand small bar owners. But our bar owners don't have to take it any longer. If they want, they can put on their very own "Theater Nights," set up "Acting" and "No Acting" sections, notify patrons that there will be some smoking during the performance and defy the government to define Art.
It's not the Freedom to Breathe Act; it's the Freedom to Act Act. If you're a small bar owner, hand out scripts and cigs and tell your patrons to break a leg. Their performances might not win any Tony awards, but your business will never be better. And until our legislators write a hardship exception into the smoking ban, well, they have a saying in the performing arts: "The show must go on."
Mark W. Benjamin, a nonsmoker, is an attorney in Cambridge, Minn. He is part of an effort to stage a "tobacco troupe" production at a Minnesota bar this evening.
© 2008 Star Tribune. All rights reserved.
BAR LIST ON RIGHT SIDE Updated 03-12-08>>>>>>>>
04-11-08 Dave "Puking Republicans" Thune boycotted city X-mas party. click here
04-10-08#1New Smoking Ban Theater Night Press Release click here
04-10-08#2 Shiela Kromer of Barnacles get flowers.click here
04-10-08#3No reply from Tinglestad 03-14-08 letter.click here
04-10-08#5 Powerlineblog take up Dave Thune "puke" click here
Drudgereport by tomorrow for anti-smoke zealot and jerk Thune?
04-10-08#6 Done for now: satire: I seized Med Pot site GrayLib.com
04-09-08#2 Dave Thunes "puke" cost St. Paul $850K Biz click here
04-09-08#3 Maplewood's infighting raises insurance costs. click here
04-09-08#4 Buggs Bar website says still smoke theater click here
Call ahead 651-455-2195 good song! Darned, I missed their Booya!
04-08-08 Update from Shiela. ABC-20/20 Barnacles visit ++ click here
04-07-08 Chisholm Police threaten Sabins with $10K tickets click here
04-07-08#1 Quick note from Shiela + Anoka Watchdog. click here
04-07-08#2 REdux 2005. Minneapolis smoke ban bar harm click here
04-07-08#3 Fate of new ‘smoking shack’ concept hazy. click here
04-07-08#4 Forces.org Smoking shacks, "Give dog a bone." click here
04-07-08#5Councilmember Dave Thune refuse to apoligise. click here
04-06-08#1My (Greg Lang) updates and comments click here
04-04-08 Breaking! Fox News Report, Buggs. 6PM Friday? click here
04-04-01 Court appearance rescheduled, lawyer Mark click here
04-04-08#1 Smoking shelter bill progress in MN House click here
04-04-08#2 Letter send out by "anti-smoking" groups. click here
04-04-08#3 Toddlers Can No Longer Marry in Arkansas. click here
04-04-08#4 False Advertising? New "anti-cig" billboard. click here
04-04-08#5 Hawaii Smoking ban’s bar effects needs study. click here
04-04-08#6 Sen. Pappas apologizes for council's Thune click here
04-04-08#7Denver: "Rules are for the little people." click here
04-04-08#8 Singer Joe Jackson ""Smoke lies, nanny state". click here
04-04-08#9 WI study: Banning smoking increases DUI. click here
04-02-08 KSTP News vid:Bulls Eye Saloon"smoke theater" click here
04-02-08#1 Good post from the Yahoo's Smoker's Forum click here
04-04-01 Court appearance rescheduled, lawyer Mark click here
04-04-08#1 Smoking shelter bill progrees in MN House click here
04-04-08#2 Two letters send out by "anti-smoking" groups. click here
04-04-08#3 Toddlers Can No Longer Marry in Arkansas. click here
04-04-08#4 False Advertising? New "anti-cig" billboard. click here
04-04-08#6 Sen. Pappas apologizes for council's Thune click here
04-04-08#7Denver: "Rules are for the little people." click here
04-04-08#5 Hawaii Smoking ban’s bar effects needs study. click here
04-02-08 KSTP News vid:Bulls Eye Saloon, Elko"smoke theater" click here
04-02-08#1 Good post from the Yahoo's Smoker's Forum click here
04-01-08 March 31, 2008 - Minnesota Gambling Control Board: Smoking ban study released - A brief review of the fiscal impact of a statewide smoking ban on lawful gambling. click here
03-31-08 Lawyer Mark Benjamin's Press Release on DOH doc + Open letter to John Stine click here
03-31-08#1 Todays NY Times: Watering Down Smoking Bans. click here
03-30-08 Star-Tribune editorial on U of MN "research" + click here
03-29-08 View MN DOH "agreement" letter. click here
03-28-08 Lawyer Mark's response: Post ASAP: Warning Alert! - Theater Night. click here
03-28-08#1 "Health Department" pushes "No Theater Night" doc.click here
03-27-08#1 Sheila Kromer's Letter to House Rep Carol McFarlane click here
03-27-08#2 Shiela: Smoking in the Theater of the absurd. click here
03-27-08#3 Form Letter to send to State Senators. click here
03-27-08#4 Form letter to send to State Representatives. click here
03-27-08#5 Star Tribune Letter to the editor. click here
03-27-08#6 Letter: Bird's Nest on smoke theater. click here
03-27-08#7 Message from Sabin's Bar in Chisholm, MN click here
03-26-08 Shiela Kromers update of ban and legislation. click here
03-26-08#2 Does new MN health bill have new IMPACT money? click here
03-26-08#3 Toad Lake Store drops 'theater night' for smokers. click here
03-26-08#4 U of MN reporter video from "The Rock" click here
03-26-08#5 My opinion: Bars risking the $10K fines and alternatives. click here
03-25-08 Lawyer Mark's Response to Sabins Ticketed. click here
03-25-08#1 Kathy "flip-flop" Tingelstad won't run again. click here
03-25-08#1 Subject: E-mail exchange with State Sen. Kathy Sheran click here
03-25-08#2 "Unnatural Causes: Is Inequality Making Us Sick?," click here
03-24-08 email-from-sabins + my comments-IMPORTANT click here
03-24-08#1 Smoking Ban Won't Play in Peoria! click here
03-24-08#2 Duluth Plan would restrict outdoor smoking. click here
03-24-08#3 Letter to Sheila and her response click here
03-23-08Strib:Mark Benjamin:ban gave no thought: mental health click here
03-22-08 Sabins Bar Chisholm, MN ticketed. click here
03-22-08#1 Tank's takes on Minnesota's smoking ban click here
03-22-08#2 Letter MN Dept of Health sent to bars click here
03-22-08#3 Theater’ loophole needs court ruling. click here
03-20-08 First serious injury from MN smoke ban? click here
03-20-08#1 Star Tribune netlets on bar smoking. click here
03-20-08 Minneapolis doesn't renew city cig ban domain. click here
03-19-08 Rep Tinglestad voted for ban but is against it? click here
03-19-08#1 Lawyer Mark's reply to Sabin's threat. click here
03-19-08#2 "Keystone cop" raid on Smittys Bar. click here
03-19-08#3 Bullseye Saloon. lettter to MN citizens+pols. click here
03-18-08 Letter to Reps from Mike's Uptown Liquor. click here
03-18-08#1 Mikes Uptown Liquor lost biz story click here
03-18-08#2 Letter from Karoke operator hurt by ban. click here
03-18-08#3 Theater nights threat at Sabins in Chisholm click here
My spiel is included in red
03-17-08Polish Palace threatened. Ends smoke theater. click here
03-17-08#1 Forces.org UPDATED-MN Developments. click here
Check out picture of lawyer Mark Benjamin!
03-17-08#2 Duluth TV:First Ban Citations Issued+vid. click here
03-17-08#3 KSTP-TV First ban citiaion issued+vid. click here
03-17-08#4 Letter: lawyer Mark Benjamins reply on top click here
03-16-06 Maplewood Rock nightclub word + my spiel click here
03-14-08 AP: At One Minnesota Bar, the Show's Over click here
03-14-08#2 ISANTI News + MN Tavern League comments. click here
03-14-08#4 Bartender George Gillespie Story. click here
03-14-08#5 DL-Online Article: 5 months in, smoking ban click here
03-14-08#6 Kare11: Lawyer vows fight any bar fines. click here
03-14-08#7 from smokers rights group (Forces.org) click here
03-14-08#8 letter: Sue Kiley-Polish Palace Sobieski, Mn click here
03-13-08 Lawyer Mark Benjamin open letter to MN DOH click here
03-13-08#1 KSTP-TV updated story + video with Mark click here
03-13-08#2 Buggs Bar story on post ban drop click here
03-13-08#3 Letter: MN Officials from Buzztones (Band) click here
03-12-08 MN Department of Health sends bars letter. click here
03-12-06#1 NY gov sex scandal and MN smoke theater click here03-12-08#2 WCCO-TV Print+video story: bar smoking click here
03-12-08#3 Story of revenue lost since ban: Barnacles click here
03-12-08#4 Story of revenue lost since ban: Tanks Bar. click here
03-12-08#5 Story of revenue lost since ban: Smitty's click here
03-12-08#6 Story of revenue lost since ban: Ann-Lake click here
03-12-08#7 Story of revenue lost since ban:Old-Bank click here
03-12-08#8 Story of revenue lost since ban:Birds-nest click here
03-11-08 Breaking! Lawyer Mark Benjamin to speak at Columbia Heights VFW 11:30AM Tuesday, Press invited. click here
03-10-08 Nite Times Bar Guide, Pages 13 and 17 Look in racks click here
It seems like a well written entertainment guide. Look for it in free racks.
03-09-08 Theater Update Lawyer Mark, Sheila of Barnacles. click here
03-09-08#1 Vet's Story - This actually happened. click here
03-09-08#2 Editorial: Legislature must clear air on ban. click here 03-08-08 Press release: lawyer Mark W. Benjamin click here
03-08-08#1 Bar owners defend theater nights. click here
03-07-08 MPR: Bar owners vow: keep "theater nights" click here
Lawyer Mark Benjamin and Shiela of Barnacles. Print and audio
03-07-08#1 USA Today article of MN "smoking theater" click here
03-07-08#2 AOL top article about MN "smoking theater" click here
USA Today and AOL/AP feed both have extremely large distribution.
03-06-08 Lawyer Mark W. Benjamin's response to MN DOH click here
03-05-08 Breaking news! MN DOH press release+++ click here
03-05-08 List of MN reps voting for smoke ban >>>on right>>>>
03-05-08#1 Lawmakers are trying to raise cig taxes. click here
03-05-08#2 Button mail order options (good prices!) click here
03-05-08#3 Nine mile bar, economic impact story click here
03-04-08 Sample Smoking Theater needed docments. click hereAlso upper left hand corner above list of bars.
03-03-08 Update by Shiela Kromer of Barnacles. click here
03-02-08 New Mille Lacs Messenger article click here
03-02-08#1 Cambridge Star, Dusty Eagle interview. click here
02-29-08 Must read! Great Sunfish Gazette $$$ impact of ban click here
02-29-08#1 Playbill for Seldom Inn! Gilbert, MN click here
02-27-08 BAR LIST ON RIGHT SIDE >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>
02-26-08 Playbills: Smitty's Chisago City and Big Als in Gilbert click here
02-23-08 Collected updates on the bar smoking theater click here
My comments in green. News below that. Please read both.
02-22-08 Mesabi Paper ++ story! Easy register, comment click here
Be responsible but use easy registration and comment after story.
02-22-08#2 Friday Minneapolis Star-Tribune on bar theater. click here
02-22-08#3 Gladiator Bar, Gilbert MN, Playbill and info click here
02-21-08 Minneapolis Star netlet letter from reader click here
02-21-08#1 Playbill, The Rock nightclub click here
02-20-08 Maplewood bar first in Twin Cities to host smoking 'play' click here
(Maplewood, MN-Twin Cites East Metro)
MAJOR ANNOUNCEMENT:
This Tuesday...Live Performance of "Before The Ban." A Production where your the performer. **Performers will be Smoking Indoors during the Performance.
A Message from Pablo - Click Link Below:
Minnesota Lawmakers say... it's ok for performers to smoke during "Theatrical Performances".... That's why Tuesday The Rock presents the new Theatrical Performance of "Before The Ban." And the best part is...Your the Performer. "Before The Ban" is a production that brings you back to a much happier place in time.
LEGAL NOTICE: According to the Minnesota Freedom to Breathe Act... The Rock Nightclub must inform you that smoking will take place indoors by some of the cast members during the Theatrical Performance of "Before The Ban."
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