Smoking Ban Theater

A loophole in the Minnesota state Smoking Ban for theatrical productions has been the subject of many stories and much wringing of hands. You see, several very imaginative (and desperate) bar owners are using that loophole to get around the ban...including one here in Scott County which is taking the issue to court.

A giant playbill greets patrons at the door to one of the two neighboring bars dotting Main Street in the former town of Elko.

Inside, the bouncer — excuse me, usher — checks a visitor’s ID and makes sure she is aware of tonight’s performance.

For just $2, this visitor can also get a badge and become an actor if she cares to smoke as part of the performance at the Bullseye Saloon in Elko New Market.

The production this evening (or rather, early morning)? A theatrical performance and satire called "An Unconstitutional Ban," in which bar patrons typically act as themselves.

The owners of the Bullseye Saloon do have their work cut out for them as this MinnPost story points out.

While the Minnesota "actors" who smoke in bars have drawn attention from across the country, they aren't the only ones to dream up ways to skirt smoking bans. Some have declared themselves exempt private clubs, other have said they don't understand the "no" in "no smoking." They've lost in the courts. Benjamin's odds of winning are probably about the same.

Personally, I think that the smoking bans are an undue, odious taking of property rights. I have a dear friend (Sue Jeffers) who is a former bar owner who has been a long time vocal critic and activist against the smoking ban. Sue knows the struggles that these bar owners are facing - with patrons staying home because they are not allowed to smoke indoors.

Sales dropped drastically when the ban took effect in October and were down an average 20 percent for five months, he said. They came back when theater performances began in March.

"I had employees upset that their tips had gone away and they were really having trouble making ends meet. I said, ‘I’m going to do everything in my power to keep all of your jobs,’ " he said.

Ironically (for the smoking ban folks) the owner of Bullseye is, like me, a non-smoker who is opposed to the bill on civil liberties reasons.

Like the other employees at Bullseye, Braun is a smoker. (Owner Robert) Ripley, the owner, is not.

Ripley opposes the ban because he thinks it violates personal freedom. He also says it’s harming establishments in an already down economic time.

Ripley, who took out a home-equity loan about five years ago to buy Bullseye, said he reviewed the law carefully before turning Bullseye into a theater.

Mr. Ripley took a big risk buying a business and employing Minnesotans. He should be rewarded by the state, not punished for it! Unfortunately, the Minnesota State Legislature doesn't see it that way. Maybe that is why so many businesses are leaving Minnesota....like Northwest Airlines.

Good luck Mr. Ripley. I fear you will need it!