Four years later, Freedom to Breathe violations still reported

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LUVERNE — It has been more than four years since the Minnesota legislature adopted and communities enacted the statewide Freedom to Breathe Act that forced smokers to take their habit outdoors.

Locally, implementation of the law has gone quite smoothly, according the Paula Bloemendaal, Nobles-Rock Community Health Services health educator and tobacco compliance coordinator. Just 11 letters in the four-year span have been sent to businesses or organizations in the two counties in response to reported tobacco violations.

But with three notifications sent out within the last month in Rock County, Bloemendaal wants to remind residents that there is a tip line (507-283-5066, ext. 3017) in place for people to report violators. All of the reports received about the Rock County violators came to Bloemendaal directly, rather than through the tip line.

“I don’t want people to feel they’re going to get the business owners in trouble,” Bloemendaal said, explaining that NRCHS works with violators and gives them the “benefit of the doubt.”

The notifications sent to violators are simply a warning letter, reminding them of the law requiring smoke-free indoor public spaces.

“Most of the time they’re not aware that the law relates to their business,” Bloemendaal said. She has sent letters to fire halls, warehouses, shop buildings and bus garages in recent weeks because of reported violations of the law.

“Perhaps they need additional signage, which we provide them with, or they need additional information about the law,” she added.

As for bars and restaurants, which were heavily targeted with information prior to the law taking effect, Bloemendaal said compliance is at approximately 99.5 percent.

“We spent a lot of time up front talking to bars and restaurants and what changes they had to make to comply with the law,” she said. “It’s these other businesses that are unaware that the law applies to them.”

Of the 11 notifications NRCHS has mailed to date, none of the violators were fined. Repeat violators could face as much as a $10,000 fine for non-compliance, she added.

Statewide, Bloemendaal said studies show nearly 80 percent of residents continue to support the Freedom to Breathe law.

“Every year in the legislature there are attempts to weaken it,” she said. “We’ve been going around to restaurants and bars and getting support letters. Down here it’s working well and people are happy with it for the most part.”

A recent study released by the Mayo Clinic at Rochester showed that heart attacks and sudden cardiac deaths among Olmsted County residents were cut roughly in half after the smoke-free ordinance took effect. The study also found that adult smoking rates dropped 23 percent within the first 18 months since the Oct. 1, 2007 implementation.

“The study shows that everyone, especially people with known coronary artery disease, should avoid contact with secondhand smoke,” said Dr. Richard Hurt, director of Mayo Clinic’s Nicotine Dependence Center, in the report. “They should have no — literally no — exposure to secondhand smoke because it is too dangerous to their health.”

Bloemendaal called the study “remarkable,” saying one of the best ways to protect people from secondhand smoke is to keep them away from it. She said the Freedom to Breathe law has helped people quit and kept some teens from starting smoking.

“A remarkable study like this shows that policies save lives — period,” she added.

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