Smoke-free Air For Everyone

 

The SAFE (Smoke-free Air For Everyone) Coalition’s initial efforts were for a smoke-free restaurant policy.  The momentum/discussion evolved into attempting 100% smoke-free workplaces.  Eventually, both the West Fargo and Fargo, North Dakota ordinances went to an initiated measure on November 19th, 2004.

 

On December 15, 2004 the following smoke-free workplace policies went into effect:

Fargo- Allow smoking in all enclosed bar areas provided said bar area prohibits entry of any and all customers under the age of twenty one (21) years and to allow smoking in a designated area of truck stops restricted for the use of professional drivers and their adult companions only. All other public indoor workplaces shall prohibit smoking by any and all persons.

West Fargo- Prohibit smoking in all public indoor workplaces except for those establishments that, as of August 1st, 2004, hold a sale of alcoholic beverages license and admit only individuals that have obtained (21) years of age.

 

Policy Initiation

 

The idea for the policy was generated by:

·        Citizen calls to mayor’s office requesting smoke-free dining environments.

·        SAFE (Smoke-free Air For Everyone) grassroots coalition.

·        Data (Winkelman Consulting)

 

Public Health Agency Roles

 

The Fargo Cass Public Health organized educational forums on the health effects of second-hand smoke and smoke-free environments and provided educational materials on the health effects of second hand smoke and smoking to the SAFE Coalition, general public and policy makers.

 

Major Partners

 

In addition to the public health agency, the American Heart Association, American Cancer Society, American Lung Association, Americans for Non-Smokers Rights, and the Tobacco Education and Research Policy Project  were major partners involved in this initiative.

 

·Official Support

 

Major public officials who supported this effort included:

·        Fargo: Mayor Bruce Furness, Commissioner Mike Williams, Commissioner Thomas Lane, Commissioner Linda Coates, Local Board of Health.

·        West Fargo: Commissioner Brenda Warren

 

Results from the Policy

 

The passage of smoke-free ordinances in Fargo and West Fargo were instrumental in the passing of a statewide ordinance going into effect August 1st.  No data has been compiled at this time, but we are planning on compiling data in mid to late 2006.

 

Opposition

 

Prior to the passing of the ordinances, there was opposition from one City Commissioner in particular in Fargo, and 3 city commissioners in West Fargo who were heavily influenced by the business owners.  The West Fargo Mayor was absolutely against it.  A local talk show host was a constant obstacle and mouth piece for the “business rights” argument and downplaying the scientific studies of second-hand smoke and its effects. 

Some business owners were leading the charge in weakening the ordinance after it was obvious something was going to pass.

 

For example: A Mayors task force was developed to study and make recommendations to the city commission, approximately 50% of the members were business owners and some of them were pushing for ventilation and exemptions such as truck stops.  The task force made recommendations to the City Commission. Before the city commission could move forward a group of business owners circulated a petition and gathered signatures of their own for an initiated measure (for the November election) which prevented the Fargo City Commission from moving forward with their ordinance.  Then the SAFE (Smoke-free Air For Everyone) Coalition gathered enough signatures to place another more comprehensive ordinance option on the ballot as did another group of business owners.  So now there were three ordinances on the ballot.  Later in the process the two business owner groups joined efforts and places their support behind the third ordinance option brought forward by the business owners.

 

The options on the ballot were:

1.  Business owners option exempted certain bars & bar restaurant combinations with certain licenses.  The City of Fargo has an extremely complicated liquor license structure! This is the initiated measure that stopped the Fargo City Commission form moving forward.

2.  SAFE Coalition- 100% smoke-free

3.  Business owners who exempted trucker’s areas within truck stops and enclosed bars. (Won on ballot)

 

Following the passage of the ordinance, there was a restaurant that hired some attorneys to challenge the ordinance as being “unconstitutional” and “discriminating”, they did not proceed after a couple meetings with the City of Fargo attorneys.   A second restaurant was non-compliant by delaying the installation of a wall separating the bar from the restaurant, after the health department met with the owner/manager two times and a third meeting involving the Fargo Mayor they complied.  There was also an attempt by a local Alcoholics Anonymous club to claim exemption, after numerous meetings they decided to be compliant.

 

Lessons Learned

 

The most important lessons learned from this initiative were:

·        It is very beneficial to begin educating the general public and political leaders as early as possible.  Utilize the political process to enhance that education.

·        Utilize national partners and others who have experience with the issue of smoke-free environments.

 

Submitted By

 

Rich Fenno

Health Educator/Tobacco Control Coordinator

Fargo Cass Public Health

401 3rd Ave North

Fargo, ND 58102-4839                                

701-476-4148

701-241-8559 FAX

rfenno@ci.fargo.nd.us