Why Not Minot: The Battle Over North Dakota’s

First Smoke-Free Ordinance

The Minot City Council passed North Dakota’s first local smoke-free ordinance on April 2, 2001 by a vote of 10-4. Within one month, the opposition quickly gathered signatures to force the ordinance to a referendum. The July 10, 2001 election upheld the ordinance by a margin of 55% - 45% and the policy was effective January 1, 2002. The intended outcomes of the ordinance were to improve health of the citizens via reduced exposure to secondhand smoke for workers and the public in Minot restaurants.

Policy Initiation

The local tobacco prevention coalition, STAMP (Stop Tobacco’s Access to Minors Program) had been educating the community and successfully passing ordinances related to youth access to tobacco since its formation in 1992. STAMP then turned its attention to educating and promoting smoke-free policies via voluntary policies. In 1996, STAMP began focusing on smoke-free air via media advocacy efforts centering on the annual Great American SmokeOut as a hook to recognize restaurants that had gone voluntarily smoke-free for the day. In 1998, STAMP worked with the city council to pass a smoke-free city buildings policy, including the municipal airport. In 1999, STAMP and the local public health agency (First District Health Unit) launched a “Blue Ribbon” restaurant campaign to reward eating establishments that not only met standards of cleanliness but also provided a smoke-free environment. In 2000, the then President of the Minot City Council called STAMP asking for assistance in creating smoke-free restaurants. The city councilman was considering utilizing incentives to encourage restaurants, however a meeting between this official and coalition leaders resulted in consensus on a bold vision: together we would craft North Dakota’s first smoke-free ordinance and place it before the City Council in early 2001.

Public Health Agency Roles

The public health agency provided philosophical support of policy/community change at the local level; technical assistance and training, including funding, in tobacco prevention policy; strategy guidance; expert testimony related to enclosed smoking rooms and ventilation issues from the Environmental Health Division of the ND Department of Health; and statewide media support. Other than the objective expert testimony, the ND Health Department supported efforts primarily behind the scenes during the ordinance efforts.

Major Partners

The local tobacco prevention coalition, STAMP, led the efforts.

Other major partners included:

· Educational organizations including: Minot Public Schools, Minot Education Association, Minot City PTA, and Bishop Ryan High School (a private school);

· Health organizations including: District #2 Nurses Association, District #2 Pharmaceutical Association, NW District Medical Society, Trinity Hospital; UniMed Medical Center; and First District Health Unit (FDHU) (the local public health agency);

· Other Minot organizations including: the Minot Police Department and the YMCA;

· State partners, including: the North Dakota Department of Health, the North Dakota Medical Association, state chapters of the American Cancer Society, American Heart Association and the American Lung Association;

· National partners (especially during the referendum) including: the American for Nonsmokers’ Rights, Campaign for Tobacco Free Kids, Robert Wood Johnson Foundation/American Medical Association Smokeless States.

Official Support

Major officials who supported this effort included:

· Minot City Council members: President Andy Bertsch, and Alderman Dr. Stephen Podrygula;

· FDHU Board of Health passed a resolution in support;

· Minot Chamber of Commerce – STAMP requested support or neutrality and the chamber voted to stay neutral;

· ND Department of Health employees: Jeanne Prom, Tobacco Control Coordinator, Sandra Adams, Health Promotion Division Director, and Dr. Steve McDonnough; and

· Local public health employees (FDHU) including: Kelly Buettner-Schmidt, STAMP Coordinator, Penny Hamilton, Director of Nursing, and Lori Brierley, Tobacco Assistant at First District Health Unit.

Results from the Policy

Minot’s smoke-free restaurant ordinance went into effect in January 2001. The people of Minot support the law, restaurant compliance of the law is high, business owners have voiced their support for smoke-free establishments and the law has had a neutral impact economically.

Voter Survey: A random sample telephone survey of Minot voters, conducted in October 2003 found that 80% of voters support the smoke free law, with an impressive two-thirds strongly favoring the law. 88% of the voters agree that restaurants are healthier and 80% agree it is more enjoyable to go out to Minot restaurants now that they are smoke-free. Most voters in Minot indicated that the right of business owners to make their own decisions regarding smoking does not outweigh the right of people to breathe clean air in public places. When asked which is closer to their own view, 61% of voters say people have a right to breathe clean air in restaurants and at work, so we should have laws that prohibit smoking inside workplaces, including restaurants. Only 35% of voters say business owners should have a right to decide if smoking is allowed or prohibited in their establishments.

Restaurant Compliance: A study of restaurant compliance conducted in 2003 found overall compliance with the restaurant ordinance was high at 96% compliance and the Minot Police Department stated there have been no problems with restaurant compliance.

Economic Impact Study: An economic impact study conducted by Minot State University on the Minot smoke-free restaurant ordinance found no economic effect of the ordinance on Minot restaurants. This study analyzed objective data collected by the Office of the North Dakota Tax Commissioner and included six years of data -- five years pre- and one year post- implementation of the ordinance.

Anecdotal Evidence: Examples of quotes from the Minot business community:

“…there seems to have been no negative effect on the convention industry in Minot” and “…several (hotel and convention facility) managers felt that it has made a positive impact, even to the point of saying that it has increased their business.” (March 7, 2005) Letter from Dusty Zimmerman, Director of Convention Sales, Minot Convention and Visitors Bureau

“…the increase in business was noticeable.” “Wait staff comments also were very favorable.” “It’s proven to me that success in the restaurant business isn’t about smoking or not smoking, it’s about providing high-quality food and high-quality service on a consistent basis.”(March 14, 2005) Dean Aberle, Owner of Homesteaders Restaurant. Written Testimony submitted to ND House Human Services Committee on Senate Bill 2300.

Lessons Learned

Political will is essential. Strong community and grassroots involvement are indispensable. Champion policy makers are a core ingredient. Strong leadership and excellent organization of the effort are critical. Advance determination of the bottom line is necessary. Excellent coordination and communication among local, state and national partners is very important.

Submitted By

Kelly Buettner-Schmidt, BSN, MS

Principal Investigator

Healthy Communities International

North Dakota Center for Persons with Disabilities

Minot State University

500 University Avenue West

Minot, ND 58707

701-858-3256

701-858-4309 FAX

Kelly.Schmidt@minotstateu.edu

Additional Contact Information:

ND Center for Persons with Disabilities at Minot State University

701-858-3000 (MSU’s switchboard number)