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Posted on 05/03/2008 12:28:54 PM PDT by Caleb1411
The Minnesota Department of Health wants the final curtain to close on "theater nights" at Bugg's Place.
The department filed a lawsuit this week against the South St. Paul bar for holding the events, which attempt to skirt the state's new smoking ban. The department filed a similar injunction request in April against Bullseye Saloon in Elko; a hearing is scheduled for Tuesday.
The bars have claimed they operate a Freedom to Breathe Act of 2007 exception allowing actors to smoke as part of a "legitimate theatrical performance." The law, which went into effect Oct. 1, prohibits smoking in several places, including restaurants, bars and private clubs.
In a March 7 letter, the Health Department notified all licensed bars in the state that it's a violation for establishments to allow patrons and employees to smoke at "theater nights." Since then, many bars have stopped allowing patrons to light up, officials said.
"We think that there are only a handful of bars continuing to have theater nights and circumventing the Freedom to Breathe Act," Health Department spokesman John Stieger said.
The department is asking Dakota County District Court to declare the theatrical performances being held at Bugg's Place, 925 Concord St. N., violate the act and order the bar to stop allowing people to smoke there.
After receiving two complaints that Bugg's Place was hosting "sham" theatrical performances, Health Department staff found the bar listed online as an establishment that hosted "theater nights" on an ongoing basis. They also reviewed the bar's MySpace page and found it advertising that it was a theater seven days a week, meaning "we can smoke in there again everyday and night." Two health inspectors and a South St. Paul police officer inspected the bar March 28. They found a legal notice that said there would be a theatrical performance at the bar that evening and that actors would be smoking.
Inside the bar, the inspectors found at least one person smoking and other individuals who had ashtrays and cigarettes in front of them.
Inspectors called the manager, Crystal Benston, who said there was a theatrical performance going on and that a program was posted on the wall. Inspectors then found a program for the play "Smoke 'Em If You Got 'Em" that listed 11 characters — all bar employees. The program said several other actors would play the role of bar patrons. Sixteen ashtrays sat on a table labeled "props."
On April 4, a police officer went to the bar to see if it was complying with the state law. The officer saw three people smoking.
Benston, who is the bar owner's daughter, said Bugg's Place has a right to hold theatrical performances. The bar applied for a theater license in late February, which the South St. Paul City Council approved.
Benston said the bar chose to host the performances for two reasons: people have a right to smoke, and the bar was losing revenue.
The bar had to cut employees' hours and reduce the number of scholarships it gives to high school students because of the smoking ban, she said.
She also said pull-tab revenue was down.
The bar plans to continue offering theater nights until Benston is proven that it can't, she said.
"If Elko's bar loses on Tuesday, we will stop doing what we are doing. But if they win, then yes, we will be fighting this," she said.
Benston, who is the bar owner's daughter, said Bugg's Place has a right to hold theatrical performances. The bar applied for a theater license in late February, which the South St. Paul City Council approved.
Eventually, Liberals will destroy the value of the English language.
“...circumventing the Freedom to Breathe Act...”
Said while enforcing a woman’s right to abort her child(ren).
Said while denying a business owner the right to make the rules.
Said while ensuring that people who disagree with a business owner’s position on smoking can still enter his place of business.
People I know who work in bars smoke. Now they cannot smoke behind the bar, they must go out to the patio on “break” and smoke.
And there are times when the bar has 3 people inside and 80 on the patio.
Shouldn’t they be PACKED with non-smokers who demanded this legislation?
ping
I bet if the patrons were smoking marijuana, they would be fighting tooth and nail to legalize such an activity in every restaurant, bar and theater.
“Inside the bar, the inspectors found at least one person smoking and other individuals who had ashtrays and cigarettes in front of them.”
Excellent detective work. I hope the citizens of Minnesota are sleeping more soundly tonight knowing their crack investigative teams are on the job protecting them from such wicked scofflaws.
Time to break out Macbeth:
“Life’s but a walking shadow, a poor player that struts and frets his hour upon the stage and then is heard no more: it is a tale told by an idiot, full of sound and fury, signifying nothing.”
An act bestowed upon us by God, not government.
heheheheh.
Is it just me, or do ya’all find this funny?
It wasn't bar-patronizing non-smokers who demanded the legislation; it was anti-smoking busybodies who probably drink in bars very rarely, if at all.
Some of us are too busy banging our heads against the wall via frustration with government to sleep soundly. ; (
Vacation Choices:
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The prime directive of a busy body that lacks fulfillment in life is to make a place for themselves at the cost of others.
A freedom loving person with a respectful attitude you are. : D
FMCDH(BITS)
Nanny State PING!!!!!!!
I didn’t think this was pingworthy, but since you did...
How about I pretend to be a police officer and shoot all of the lawbreaking smokers.
Hey, it was all an act. We’re all just lesbians, uh I mean thespians here.
Minnesota: The New Massachusetts but with even more stupid liberals
They wouldn't be seen dead in a blue-collar bar. You'd think they'd realize that it's their own plumbers, mechanics, and handymen they're screwing over. Oh, my mistake. Those guys are too stupid to know what's good for them, that's why they ARE plumbers, mechanics and handymen. Good thing the busybodies found time to save them from themselves.
Thanks for the ping!
Thank you
Don’t worry, in parts of Texas they went after the drinkers too giving them citations ($500 a pop) for “public intoxication” if they were observed drinking more than 2 beers. And there is no breathalizer for PI. It is entirely at the discretion of the officer.
Those task forces brought in nearly a million dollars with their stunt.
Why ARE theaters exempt from the smoking bans in the first place?
A gun used in a play would only fire blanks at most. But that cigarette they are smoking IS real and spewing out toxic smoke.
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