Judge rules 'theater nights' are just smoke and mirrors
Source: Minneapolis Star Tribune (Original Article)
A Scott County district judge has dropped the curtain on an Elko bar that has been staging "theater nights" to get around the statewide smoking ban.
Although a later trial will decide if the temporary restraining order sought by state health officials becomes permanent, Thursday’s ruling clearly indicates Scott County District Court Judge Jerome Abrams doesn’t buy the idea that theater nights are legitimate performances, qualifying for an exemption from the ban imposed in October.
Abrams pointed out that anyone in the bar can become an actor by paying $2 for an "Actor’s Guild" button.
The decision has state health officials hoping they can soon halt the rogue smoking productions in bars throughout the state.
"Nothing has been offered to suggest there is a storyline, or even a story, being portrayed on an improvisational basis or otherwise. There is no script, choreography, staging, etc., which resembles anything," Abrams wrote.
"There is not the slightest suggestion that talent or an interest in conveying a message, other than smoking, is sought from any actor," he wrote.
Thursday’s ruling left advocates for the bar owners — who insist such nights are improvisational theater that qualify under a provision of the state ban allowing participants in a theatrical performance to light up — scratching their heads as to what to do next.
Patrick O’Neill, the attorney representing the Elko bar and a South St. Paul bar in a similar legal situation, said he’ll analyze the judge’s opinion and decide whether to appeal the temporary injunction or just make his case against a permanent injunction in June.
Another option: redesign the performances to meet the judge’s criteria for legitimate theater, said Mark Benjamin, an attorney who initiated "theater nights."
"At first blush, [the decision] isn’t good," Benjamin said. But the court may benefit from additional Aussie MasterCard Credit Card testimony in June, he said.
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