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Courts are tough critics of smoking plays in bars

Real theatrical producers just have to worry about bad reviews from drama critics. The few bar owners in Minnesota who have continued to hold so-called “theater nights” also have to worry about going in front of a judge. The Minnesota Department of Health (MDH) sent out a warning in March that these “smoking plays” in bars violate state law.

The first bar to be cited for violating the law was Tanks Bar in Babbitt. The local chief of police issued a citation to the owner for violating the smoke-free law. This type of citation issued by local law enforcement is a petty misdemeanor. On May 30, 2008 a St. Louis County District Court Judge upheld the citation and fined the owner the maximum of $300. Tank’s Bar may file an appeal.

MDH has filed injunctions against the Bullseye Saloon in Elko, Bugg’s Place in South St. Paul, and the Bird’s Nest in Garrison. If found guilty, these bars face up to $10,000 in fines.

So far, the “smoking plays” are not getting good reviews from the judges. On May 15, 2008 a Scott County District Court judge issued a temporary injunction against smoking in the Bullseye Saloon.  This may have prompted Bugg’s Place to settle out of court with MDH. They agreed to pay $1,000 in fines and stop the smoking. The cases against the other two bars continue to make their way through the courts.

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Minnesota Legislature: opponents of smoke-free air still active

When Governor Pawlenty signed the Freedom to Breathe Act of 2007 into law, many people thought that the battle for smoke-free air in Minnesota was over. This was definitely not the case at the Minnesota Legislature during this year’s session that ended on May 19, 2008. Opponents of smoke-free workplaces made repeated attempts to weaken our smoke-free law.

Two bills were introduced concurrently in the Senate and the House. One was an attempt to bring smoking back to “VFW, American Legion post, and other private facilities”. The other bill would have permitted smoking in bars. The bills were assigned to committee, but neither bill had enough support to be scheduled for a committee hearing during this year’s session.

Opponents of smoke-free air were not fazed by these two defeats. They made repeated attempts to add amendments to bills that were being debated on the House floor toward the end of the session. Amendments were offered several times that would have permitted fully enclosed “smoking shelters” to be built outside of bars. Another amendment would have completely revoked the Freedom to Breathe Act.

All of these amendments were defeated, but there is still a very vocal minority in the legislature who think our smoke-free law was a mistake. They still don’t understand how important this health protection is for the people who work in restaurants, bars and private clubs. We still need to be on our guard when the legislature goes back into session in January 2009.

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What is Citizens for a Smoke-free Goodhue County?

Citizens for a Smoke-free Goodhue County is a group of concerned citizens from all parts of our county who believe that everyone deserves smoke-free air at work. This is an important public health issue that we all should be aware of.

We originally advocated for a county smoke-free ordinance.  We were strong supporters of the Freedom to Breathe Act.  We continue to work to educate the public about the health dangers of secondhand smoke and to advocate for smoke-free air.

We can't take smoke-free air for granted.  A number of attempts were made in the legislature this year to weaken the health protection we all worked so hard for.  You can help to keep the air smoke-free by adding your name to our mailing list.  Click here to add you name to our list.

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What is the Freedom to Breathe Act?

The Freedom to Breathe Act is the popular name for a a group of amendments to the Minnesota Clean Indoor Air Act.  These amendments were passed by the legislature in spring 2007 and took effect October 1, 2007.  The changes eliminated loopholes that had permitted smoking in places where people work such as bars and restaurants.  Smoking is now prohibited in virtually all indoor workplaces and public places in Minnesota.

Learn more:

Link to Minnesota Department of Health Freedom to Breathe page.

You can also visit www.freshairmn.org  to learn more about the law, access resources to help your workplace go smoke-free, order free materials and learn about quit-smoking services available to all Minnesotans.

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Where is smoking prohibited? 

Smoking is prohibited in all places of employment where two or more people work, or volunteer to do what is normally paid work.  Smoking is also prohibited in public places, on public transportation and at public meetings.

Indoor smoking is prohibited in:

• Bars and restaurants
• Private clubs ( Elks, VFW, American Legion, etc.)
• Offices, stores and factories
• Public transportation (including taxis)
• Vehicles used for work (if more than one person is present)
• Home offices (with one or more on-site employees, or if used as a place to meet or deal with customers).

Where is smoking still allowed?

Indoor smoking is still allowed in:

• Private homes and vehicles (not in use as a place of employment)
• Hotel and motel guest rooms (if the hotel or motel permits smoking in designated guest rooms)
• Tobacco shops (only to sample tobacco products)
• Buildings on family farms (with no more than two non-family employees)
• Cabs of heavy commercial vehicles over 26,000 pounds
• Certain psychiatric settings and scientific studies
• Separately ventilated smoking rooms in nursing homes (adult residents are the only ones permitted to smoke)
• Cabs of farm vehicles and construction equipment
• Theatrical performances (by actors only as part of a performance)
• Traditional Native American ceremonies
• The disabled veterans rest camp in Washington County.

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Does our state law cover smoking outdoors?

Minnesota's smoke-free law, the Minnesota Clean Indoor Air Act only regulates indoor smoking.  It does not regulate smoking outdoors.  Smoking that takes place outdoors is legal under our state law, even if the smoke drifts into a building through an open door or window. 

Local governments retain the power to adopt stronger smoking laws.  Currently there are no city or county smoking ordinances in Goodhue County.  Goodhue County does have a policy restricting smoking to designated places on the grounds of county-owned buildings. 

Business owners can establish a smoking policy for outdoor areas of their property such as an outdoor dining area at a restaurant.  They can prohibit smoking on their property or limit smoking to designated outdoor places.

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How is Minnesota's smoke-free law enforced in Goodhue County?

A violation of the new law is a petty misdemeanor with a fine of up to $300.  The Minnesota Department of Health (MDH) may levy administrative penalties up to $10,000 per violation against businesses that violate the law.  A bar or restaurant that violates the law may have its license suspended or revoked. 

Goodhue County Public Health Service is responsible for enforcement of the new law in Goodhue County.  To report a violation call Goodhue County Public Health Service (651) 385-6100 or (800) 950-2142.

What are the responsibilities of proprietors?

Businesses must post “no smoking” signs at all entrances. Businesses must not provide smoking equipment such as ash trays or matches in indoor areas.

Proprietors must ask a person smoking in a prohibited area to stop smoking.  If the person refuses to stop smoking, the proprietor must ask the person to leave.  If the person refuses to leave the business, the proprietor should resolve the situation by calling local law enforcement for assistance with a disorderly person who is trespassing.

If a business is a bar or restaurant, the law prohibits serving food or beverages to a person who is smoking indoors in violation of the law.

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