Judge Jerome Abrams has ordered the temporary injunction to halt Theatre Night performances at Robert Ripley’s Bullseye Saloon in Elko, Minnesota.
We have noted in a previous article that Judge Abrams’s biographical details were of interest. His personal activities include work as a fundraiser for the American Cancer Society. Given this personal association he has surely been exposed to a political and philosophical outlook staunchly advocating prohibition and the illusory “saving of lives” to the exclusion of all other concerns. His perspective on legal argument could come from there.
He has granted the injunction restraining more Theatre Night performances at Ripley’s bar. This is a temporary order pending result of the trial which will likely take place next month. At trial Ripley’s lawyers will attempt to address points made in today’s injunction order. If they are successful the Theatre Night performances could resume. They are up against what Judge Abrams has stated as his opinion already in the injunction.
The Minnesota theatrical performance exception provided an opportunity on a particular point of law. The defense lawyers must argue very well on that point at trial to alter the apparent perspective of this judge. There very certainly is vagueness regarding theatrical performances, however a change in view would have somehow to be compelled, since in the injunction order Judge Abrams counters arguments about vagueness, and criticizes an expansive view of “theatrical performance.” We wish Mister Ripley’s lawyers well.
It is worth noting that previous cases which were poorly mounted haunt this case. Note the precedents Abrams cites in his injunction finding (link is below.) A lesson in this, which we have often voiced, is that loser cases lose more than just themselves. They are a handicap to future efforts, which might in themselves have greater viability, when cited as losing precedents as we see here.
The battle against today’s fanatical prohibitionism will be fought and won for the most part outside of courtrooms. With sufficient funding some very fundamental legal cases could be fought along the way but resistance, defiance, and popular movement will be the most important factors in winning this war. The great enemy to freedom we are seeing today is a false perspective, an ideology, born of pseudoscience. That must be taken on directly and from every direction.
Freedom activists from a variety of backgrounds, in academia, journalism, politics, medicine, law, and elsewhere, are learning to communicate and coöperate in their efforts. The freedom organizations are networking. Our movement is coalescing. That was the purpose of the recent Summit on board the Aldebaran. That is the purpose of FORCES.
We applaud the continuing efforts of the Minnesota freedom movement and shall continue following these closely. We invite all readers to join the expanding fight for sane policy and freedom of choice. Click links below for a brief biography of Judge Jerome B. Abrams and for the full text of his injunction finding of 15 May. Both documents make highly interesting reading.