Starting on Jan. 1, 2017 all county properties will tobacco free, including chew and electronic delivery devices, or e-cigs. Properties include the main courthouse campus, library, health department, road department, county owned parks, extension office, and fairgrounds.

Mineral County Health Department Tobacco Prevention Specialist, Barbara Jasper, said the Tobacco FREE County Properties Resolution was discussed by the Mineral County Board of Health. The group then voted to pursue a resolution with the Mineral County Commissioners. On Nov. 3, the commissioners discussed the resolution which included a public comment period. It was passed with a 2-1 vote.

“Tobacco is the leading cause of preventable death and disease in the U.S. and the U.S. Surgeon General has determined there is not risk-free level of exposure to secondhand smoke,” said Jaspers. “Mineral County has a high youth use rate for chew tobacco, increasing rates of e-cigarette use among teens and the need for county officials to set a good example for youth were all addressed (during the Nov. 3 meeting with commissioners).”

The Mineral County Health Department works in conjunction with the Montana Tobacco Use Prevention Program and the Healthy Community Coalition of Mineral County to help reduce disease, disability and death related to tobacco use by preventing its use among young people, eliminating exposure to secondhand smoke and promoting quitting among adults and young people.

Benefits of the Tobacco FREE County Properties Resolution include reduced exposure to secondhand smoke, increased productivity, decreased costs to the county through less cleaning and maintenance costs, decreased risks of fire as well as keeping a safe and healthy work environment.

Jasper said the arguments against the resolution included discrimination, since tobacco users are not a specially protected category of people and tobacco use is not a legally protected activity. Another argument against the policy was the county can’t govern this issue and it will be challenged and non-enforceable.

Responses to these arguments were the U.S. and Montana Constitution does not extend special rights to tobacco users, but the health and wellbeing of citizens and employees is a very real and highly protected human right. Tobacco use in any form is a public health issue and damages the health of people that come in contact with it. The county has the right to institute policy that would increase the health and safety of community members, visitors and employees.

Also, the Montana Constitution Article II, Section III state that Montanans have inalienable rights that entitle them to the right to a clean and healthful environment, and to seek their safety, health and happiness in all lawful ways.

Regarding the ability to enforce the policy, arguments to implement it were that many government and privately owned businesses have already enacted tobacco free policies without problems including 79 medical campuses, 12 colleges, 309 school districts and other counties including Broadwater, Missoula, Lewis and Clark.

Prior to this policy, only indoor areas were smoke free due to the Montana Clean Indoor Air Act passed in 2005.