> 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.
