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Legal Commentary

: Althouse

"The Tobacco Monologues."

By Ann Althouse

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The new Minnesota smoking ban has an exception for actors in theatrical performances, but who is an actor and what is a theatrical performance? Aren't we all really actors in some sense, and when you go to a bar, are you not playing some sort of role? Minnesotans are working the loophole and, along the way, saying something about the line between life and art.
At The Rock [a hard-rock and heavy-metal bar in suburban St. Paul] earlier this week, a black stage curtain covered part of the entrance, and a sign next to it with an arrow read, "Stage Entrance." Along the opposite wall, below a sign saying "Props Dept.," was a stack of the only props needed: black ashtrays.

At the door was a printed playbill for that night's program, with a list of names of the people portraying bartenders and security guards. Playing the owner: "Brian."

Courtney Conk paid $1 for a button that said "Act Now" and pinned it to her shirt. That made her an actor for the night, entitling her to smoke. She turned in an understated, minimalist performance, sitting with cigarette in hand and talking to a bass player with the band....

At Barnacles Resort and Campground along Lake Mille Lacs, a "traveling tobacco troupe" dressed in medieval costume on the first theater night. Mark Benjamin, a lawyer who pushed bars to exploit the loophole, wore tights, a feathered cap and black boots.

"Hey, I'm a child of the '60s. I can do a little improv," he said. His improv amounted to speaking in medieval character to other patrons....

One bar on northern Minnesota's Iron Range, the Queen City Sports Place, calls its nightly smokefest "The Tobacco Monologues."

Full post as published by Althouse on March 06, 2008 (boomark / email).

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