Health/Lifeline

Bar Owners Fighting For 'Theater Nights'

(WCCO) It's been a little more than five months since Minnesota's bars and restaurants went smoke free. During that time, some bar owners have been finding ways around the ban.

There are several exemptions to the Minnesota Freedom to Breathe Act that took effect October 7, 2007 to ban smoking indoors. They include scientific study participants, Native American ceremonies, tobacco products shops, heavy commercial vehicles, farm vehicles, construction equipment, family farms and theatrical productions.

Mark Benjamin discovered that last exemption when he realized actors could smoke in plays at the Guthrie Theater in downtown Minneapolis. Three months later, he convinced a bar north of Lake Mille Lacs to have their own theater night. Since then, he estimates between 50 and 100 bars have done the same thing.

"We are following the letter of the law. This is a completely legal activity," said Benjamin.

Each theater night depends on the bar. Sometimes employees dress in costume and act out particular roles. In other cases, the patrons simply build a $1 "Act Now" button and "act" as themselves. The law requires patrons are notified that there will be smoking during the "play" and that must be put into posters, handouts or programs.

Stacy and Kevin Irwin own two bars in Chisago City and Taylor Falls. They enacted theater nights seven days a week from 4 p.m. to close.

"They're part of our Smitty's Acting Guild and they can act like they're happy to be there, like they're not happy to be there," said Stacy Irwin.

After the smoking ban went into place, the Irwin's say they lost revenues of 20 to 50 percent. They enacted theater nights and said revenue jumped back up.

"We're law-abiding people and we're not looking to break any laws. We're following the law," she said.

Not quite, according to the Minnesota Department of Health. After seeking legal counsel, it determined theater nights being held in bars do not fall within the theatrical production exemption of the Minnesota Freedom to Breathe Act.

"These bars are attempting to circumvent the Freedom to Breathe Act," said Minnesota Commissioner of Health Dr. Sanne Magnan. "The law was enacted to protect Minnesotans from the serious health effects of secondhand smoke. We expect all establishments to comply with the law. It is time for the curtain to fall on these theatrics so that employees, and all Minnesotans, are protected from secondhand smoke."

MDH said it will work with local health agencies to bring bars into compliance and has the authority to levy fines of up to $10,000. It has not issued any fines yet.

Benjamin doesn't smoke nor venture into bars. He said he started this crusade as a way to help veterans who want to smoke in their local VFWs.

"When I found that my vets were incredibly disrespected and I got angry," he said.

On Tuesday, he spoke to a room full of bar owners about throwing their own theater nights. Almost everyone was supportive of the idea, but Bernadette Chlebeck, 1st Vice Commander of the Coon Rapids American Legion, said she didn't want smoke in the VFWs.

"I would like to be member of my local American Legion without worried about my health and I have two young children that would like to be able to bring to my local Legion," she said.

 

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