By Forrest Adams

Language that came about late in this year’s legislative session has Chanhassen’s largest tourist attraction at odds with Carver County state legislators. 

The language was inserted on Saturday into the 250-page tax bill that legislators were negotiating with Gov. Pawlenty. It involved subsidies for the planned 5.6 million-square-foot Mall of America expansion and would have prevented “an auditorium, theater, or similar live entertainment” from being located in the expansion, unless it had the specific characteristics of the Chanhassen Dinner Theatre.

Reps. Joe Hoppe and Paul Kohls offered an amendment that prevented any theatre from moving to the mall. The language preventing all theaters, except the Chanhassen Dinner Theatre, from moving there was proposed by legislators from Minneapolis, Hoppe said.

Dinner Theatre spokeman Tommy Scallen was furious when he learned about the Hoppe-Kohls amendment and issued a news release.

"In an eleventh-hour move of the recent legislative session, radical State Representative Joe Hoppe of Chanhassen had language inserted into the tax bill that bans Chanhassen Dinner Theatres from participating in the Phase II development at Mall of America." 

"Tommy Scallen, spokesperson for Chanhassen Dinner Theatres became aware of the situation at approximately 6pm on Saturday evening, May 17.  He immediately began telephoning Representative Hoppe. After numerous attempts, Scallen finally reached Hoppe at 11:15 p.m. that same night. Scallen asked that the offensive language be removed from the bill, but was told it was too late. Representative Hoppe acknowledged that the language was designed to keep Chanhassen Dinner Theatres from moving to the new mall expansion project.  At no time did Hoppe make a single attempt to contact the theatre ownership prior to taking this action."

"Scallen stated, “We are a privately-owned business and have been paying our taxes in Chanhassen for the past forty years. Representative Hoppe has no idea as to what is in the best interest of our theatre or its 300 employees.” Previously on Saturday, May 10th, the theatre was contacted regarding restrictions being placed in the tax bill by Representative Jim Davnie from Minneapolis. This new language was introduced to protect other theatres in the metropolitan area and would only allow a theatre with “seating capacity not to exceed 1,500 with a terraced main floor on which at least two-thirds of its total seats are located at fixed tables, at which substantially all of the admissions for performances will include meals, and which must be operated by a theater organization that has continuously operated a dinner theatre in Minnesota for at least 30 years, producing at least 150 plays during that time with more than 8 million attendees, or its successor; and one that has a seating capacity not to exceed 400, with no fly space in its stage area.” 

"Since Chanhassen Dinner Theatres is the only theatre that could possibly fall into this category, Hoppe felt it necessary to introduce new language designed to specifically prohibit Chanhassen Dinner Theatres from ever moving to Mall of America, something to which he readily admitted. Therefore, it is no coincidence that a legislative representative of Chanhassen introduced this language. On Monday morning, May 19^th, Scallen contacted Chanhassen City Manager Todd Gerhardt seeking assistance from the city in the matter. When Scallen inquired if Gerhardt was aware of what had transpired on Saturday night, Gerhardt laughed saying he was indeed aware. He acknowledged he had prior knowledge of the plot, but denied he’d had any contact with Hoppe. He further acknowledged the action was taken to block Chanhassen Dinner Theatres from moving to the mall expansion at any future time." 

"Hoppe would argue it’s a matter of restricting public subsidies. Scallen objects, “This is not about public subsidy; this is about a legislator stomping on the property rights of a privately-held company in a late-night, backroom deal. Even more disturbing was the intentional and obvious attempt to do this secretly in the eleventh hour when it was too late for the theatre to respond.” Scallen continued, “We are no different from any other non-subsidized retail business that may or may not choose to do business at Mall of America or anywhere else. Chanhassen Dinner Theatres is a small, private business that had a business opportunity legislated away from it. This is about denying a private business the opportunity to relocate if it’s in its best interest.  If it can happen to us, a dinner theatre, who is to say it can’t happen to any other business.  This is a clear attack on property rights and free enterprise.” 

Click on the attached sound file to hear the Hoppe response on Wednesday morning.