Resident feedback sought on smoke-free air ordinance

North Dakota's clean-air law, which is among the strongest in the country, is in jeopardy, local public health officials say. They want the Carrington City Council to enact an ordinance to ensure that the city's public indoor spaces remain tobacco-free, should more exemptions be added to allow smoking in some areas.

Work on this smoke-free indoor air ordinance began at Foster County Public Health after the near-passage of HB 1152, the cigar lounge bill which was introduced during the 2021 legislative session. If enacted, the bill would have allowed people to smoke inside certain bars who derive at least 10 percent of their income from cigars, or cigar lounges that generate at least 30 percent of their income from the sale of cigars. The designated areas would have needed a certificate from the tax commissioner in order to allow smoking. Among the sponsors of the bill was District 29 Rep. Craig Headland.

HB 1152 passed the House of Representatives 48-45, before it ultimately failed in the Senate, 23-24.

Passing a bill such as this would "put a crack in our foundation," said Colleen Sweet, Tobacco Prevention Coordinator for Foster County Public Health.

That "foundation" Sweet references is the North Dakota Smoking Ban Initiative, or Measure 4 on the 2012 general election ballot. The initiated measure passed with two-thirds of the statewide vote. According to Sweet, 71.5 percent of Foster County voters cast "yes" votes. The measure was carried in all 53 counties.

Sweet said it's possible that proposals similar to the cigar lounge bill will be introduced in future sessions, and the purpose of the city ordinance is to codify that the community wants to retain smoke-free indoor public spaces.

Therefore, in a way, this smoke-free air ordinance is pre-emptive, establishing that Carrington as a community wants to protect people from exposure to secondhand smoke and the harms of tobacco in indoor public spaces. Therefore, should bills that weaken the state's smoke-free air law pass the legislature, Carrington's ordinance would keep the full teeth of the 2012 law in tact, effectively prohibiting tobacco use in all indoor public spaces and anywhere within 20 feet of entrances, exits, operable windows, air intakes, and ventilation systems of enclosed areas in which smoking is prohibited.

There are nine North Dakota cities that have smoke-free air ordinances in place: Bismarck, Napoleon, Minot, Grand Forks, Walhalla, Rutland, Wahpeton, St. John and Harvey.

On Dec. 20, 2019, President Trump signed legislation amending the Federal Food, Drug, and Cosmetic Act, raising the federal minimum age for sale of tobacco products from 18 to 21 years.

As a result, 14 towns put a "Tobacco 21" ordinance in effect: Bismarck, Lincoln, Langdon, Jamestown, Fargo, West Fargo, Minot, Grand Forks, Devils Lake, Wahpeton, St. John, Dickinson, Cando, and Wells County. This ordinance adds local compliance checks of retailers who sell tobacco products to ensure that they are not selling to youth under 21, and establishes penalties for those who don't comply.

This ordinance was also considered for the City of Carrington by public health officials, but they decided that more research was needed before they would present a Tobacco 21 ordinance for consideration.

The City of Carrington does not have a tobacco ordinance in effect. Public health officials began their quest by identifying three potential ordinances that could be enacted regarding tobacco: 1) Flavor restrictions; 2) Smoke-free air; and 3) Tobacco 21.

They brought three potential ordinances to the organizational review committee, which is composed of city council members and other city staff such as the Chief of Police.

Later, public health staff held an educational session for city council members to talk about the ordinances and answer their questions. During those meetings, Hilbert and Sweet said three council members expressed some level of support for enacting a smoke-free air ordinance.

The topic was placed on the agenda for the June 13 city council meeting, and there a few roadblocks emerged.

First, city officials said that since there had been no infractions issued for smoking in prohibited areas, the data did not support the need for an ordinance at this time.

Hilbert and Sweet counter that tobacco use violations in school are not typically charged in municipal court. Therefore, even though the youth may face school-specific penalties, such as out-of-school suspension, the city would not have data on those violations by looking at municipal court records.

This isn't the 1980s, and many people wouldn't know if kids were "smokin' in the boy's room."

Today's vapes are designed to look like flash drives, pens, highlighters and other common items typically found in a 16-year-old's backpack, Foster County Public Health Nurse Lisa Hilbert says. Add to the mix over 15,000 "flavors" of smokeless tobacco products on the market, and it's a lot easier for youth to sneak into the bathroom and get their nicotine fix without being detected by the hall monitor or math teacher.

Whereas the cloud, and the stench, of cigarette smoke would linger long after the deed was done in the past, in many cases now the only smell that remains could easily be mistaken for hand soap, lotion or even fruit.

That doesn't make it harmless. In fact, the Surgeon General warns that e-cigarette emissions can contain harmful chemicals, including nicotine and volatile organic compounds. The American Lung Association says that "children are especially vulnerable because of their developing lungs-and nicotine is always harmful to adolescent brain development."

Another common argument is that tobacco prevention starts at home, and that parents should be the ones responsible for establishing positive habits and warning youth of the dangers of tobacco.

While Hilbert agrees, she adds, "Isn't it our goal as a community to provide the best quality of life that we can for our kids? This ordinance would be another tool to help the parents."

City council members also expressed during the June 13 meeting that they hadn't heard from residents, and they wanted to know whether or not the community supported enactment of the ordinance.

"This is a community effort, not just a public health effort," Hilbert concluded. "There are community members that are very much in support of this."

Residents who see the merits of enacting a smoke-free air ordinance in the City of Carrington can show their support in three ways:

1) Fill out a support card at Foster County Public Health, or clip out the form on this page. Forms and cards can be left at the public health office, or left in the outside drop box after hours.

2) Talk to city council members.

3) Attend the July 11 meeting, which is scheduled for 7:30 p.m. at city hall.

Likewise, residents who do not support the ordinance also have the opportunity to talk to their council members and attend the meeting.