Michael on the Freedom to Breathe Act

I am proud to be the co-author of the Freedom to Breathe Act, which expands our current workplace smoking restrictions to include all public areas, such as bars, restaurants, theaters, and bowling alleys. We have now joined nineteen other states that prohibit smoking in restaurants and bars.

The statistics are staggering. Exposure to secondhand smoke is responsible for up to 3,000 lung deaths and at least 35,000 coronary heart disease deaths every year, according to the Centers for Disease Control and Prevention. Our children are even more adversely affected—those that breathe secondhand smoke are more likely to suffer from pneumonia, bronchitis, and other lung diseases, and they have a greater risk of developing asthma.

U.S. Surgeon General Richard Carmona indicates that there is conclusive evidence that secondhand smoke can cause a variety of ailments, including lung cancer, heart disease, and sudden infant death syndrome. Furthermore, he indicated that several of the measures mandated by the Minnesota Clean Indoor Air Act, including separating smokers from non-smokers and ventilation requirements couldn't eliminate the exposure to secondhand smoke.

The Freedom to Breathe Act prohibits smoking in all bars and restaurants, although smoking will still be allowed on outdoor patios. Local governments retain the ability to enact stricter standards. With this legislation, our workplace smoking restrictions will essentially be about protecting the health of all Minnesotans in their place of employment by expanding the current provisions in the Minnesota Clean Indoor Air Act. Currently, strict workplace smoking restrictions that include bars and restaurants are already in place in 40 percent of our state. As a result of this legislation, a statewide workplace-smoking ban will level the playing field for our business community. Fundamentally, the Freedom to Breathe Act will improve people's health and reinforce Minnesota's place as a leader in public health policy.

As you probably know, there have been efforts to weaken the law. The so-called "theater nights" are a way for some bars to circumvent the law. We will have to see how the courts rule on this matter or the Legislature may need to take care of this loophole next session. Also, this year the House approved an amendment that will allow bars and restaurants to build "smoking shacks" without defining what this structure means and whether the facility can be connected to a restaurant or bar. Hopefully, this provision will be removed before the session ends.