We empathize with bars attempting to survive in a tough business climate, but believe the Minnesota Department of Health is right when it says that theater nights do not fall within a legal exemption to the Freedom to Breathe Act.
We give local bar owner Rosie Klemetsen credit for looking for unique ways to give her establishment a boost, but perhaps circumventing state law wasn't the right way to go.
The Freedom to Breathe Act bans indoor smoking in workplaces, including bars and restaurants. It was signed by Governor Pawlenty in May 2007 and took effect October 1, 2007.
The bill included an exemption allowing smoking by actors and actresses as part of a theatrical performance.
Some bar owners have claimed the right to declare that all activity in their establishments is part of a “theatrical performance,” declaring employees and patrons are “actors and actresses.”
MDH has determined that it has the authority to address “theater nights” and take enforcement action if the activity is an attempt to allow smoking in violation of the act. Minnesota Commissioner of Health Sanne Magnan said MDH will work together with local health agencies to bring establishments into compliance if they violate the law.
The law was enacted to protect Minnesotans from the serious health effects of secondhand smoke. The U.S. Surgeon General has estimated that exposure to secondhand smoke killed more than 3,000 adult nonsmokers from lung cancer and approximately 46,000 from coronary heart disease in 2005.
In numerous surveys, the vast majority of Minnesotans have said they support comprehensive measures to protect the public from exposure to secondhand smoke.
And while smoking remains legal in the nation, and we have supported allowing businesses to decide the issue of smoking based on customer desire in the past, a law has been enacted in our state.
We urge bar owners to continue to look for unique ways to draw people to their businesses, but while remaining with the law.