Rushford’s City Hall was packed November 12 as the council held a public hearing regarding the proposed repeal of its 1997 Tobacco Ordinance and consideration of adoption for a new ordinance. Bright red tee-shirts bearing the slogan, “I support a tobacco-free generation; Tobacco 21,” were all around the room. In all, more than 50 people crammed into council chambers to voice their concerns for or against the ordinance.
The catalyst for the hearing was an email request from Rushford-Peterson Middle/High School Principal Jake Timm for the city to review its ordinance in light of the rapid rise of Electronic Nicotine Systems (ENS) or e-devices. A follow-up discussion with Timm and Fillmore County Public Health Educator Brenda Pohlman was held at the January 28 council meeting. Proposed modifications to the ordinance were to clarify definitions and regulations pertaining to use and sale of ENS, as well as, “Separation of the use of tobacco products related to use from the point of sale/retail ordinance.
Also under consideration is a Clean Air Ordinance aimed at restricting smoking in enclosed areas and at outdoor property, open to the public, and owned by the city. This includes green space, gardens, parks, pools, trails, and outdoor picnic areas. Streets and sidewalks not adjacent to city-owned property is exempt.
Written testimonials were received prior to the meeting from the Minnesota Medical Association, Feeling Good MN, American Heart Association, Association of Nonsmokers – MN, Clear Way Minnesota, Children’s Minnesota (Children’s Hospitals and Clinics of Minnesota), R-P Schools’ Timm, Holly Ekern, and Social Worker Kelly Smith. Also received were testimonials from the Coalition of Neighborhood Trailers, including MN Service Station Association, MN Grocers Association, MN Petroleum Marketers Association, National Association of Tobacco Outlets, and the Minnesota Retailer Association.
Present at the meeting to address the council were Olmsted Medical Center Pediatrician Rizwan Siwani, Pam’s Convenience Corner proprietors Pam Brand and Jordan Brand, nurse practitioner and community member Jenny Prinsen, Pohlman and Jessica Erickson, Fillmore County Director of Nursing; American Lung Association representative Kelly McIntee, nine R-P Healthcare Core class students, and R-P’s Timm, Smith, and teachers Joel Hinke and Shari Michel. Also in attendance were Sheriff John DeGeorge and representatives from the tobacco industry.
During the 50-minute hearing, it was repeatedly stressed that other communities within the state are looking to Rushford’s decision as a precedent, noting it will influence legislation other areas. “We seem to have rung some kind of bell,” said Mayor Hallum, opening the hearing.
Those in the camp for additional restrictions the ordinance offers described the highly addictive nature of nicotine and its noted effect on developing brains of adolescents. “It crosses over the blood brain barrier readily and this primes the developing adolescent brain for a lifelong addiction,” added Siwani. “It is not safe for your lungs; not safe for your life. It could put development at risk with additional problems with addiction and depression in adulthood.”
Speaking directly at the ENS trend, Prinsen, who is certified in smoking cessation and has a background in cardiology, added the concerns of high amounts of nicotine and marketing to youth. “We don’t want to see any of these products in the hands of teenagers. It’s not going to stop the usage, no, but we’re trying to limit it.”
The problem is prevalent and R-P is being proactive on cracking down on the trend. The district is focused on several aspects of education of both students and staff on the dangers. Repercussions of being found with ENS or other tobacco products include In-School Suspension, loss of extracurricular activities for two weeks, and additional required education with the school social worker and counselor. The district would like to implement future fines and police referral should the city approve the ordinance.
“Are we gonna stop it, no, but that the more we educate and the later they start, they less likely they are to start. “It’s become an epidemic,” said Timm. “The tobacco industry is not stupid. There’s a reason they make a lot of money. Many of the students we’ve caught freely admit they are addicted. We have 18-year olds in school, but no 21-year olds in school,” he added in support of Tobacco 21 legistlation. “We have students aged 3-18 in our building and we’ve have had elementary students be offered vaping products.” More than 20 vaping-related items were seized by the district last year.
Timm further added the the topic is present in meetings with administration of other districts and the Minnesota State High School League is having discussions about it. “What a great way to be on the forefront,” he encouraged the council. “We want our community to be safe. We want our community to be safe and healthy.”
R-P business teacher Joel Hinke spoke on behalf of R-P staff, noting firsthand experience with the trend, which he called an epidemic. “Why wait until one of these statistics becomes one of our children? Let’s be on the good side of statistics.”
“As a local public health department, we are concerned about the health of all county residents,” stated Erickson. “Nationally there have been 2,051 cases of vaping associated lung injuries and 39 deaths. As of November 11, 2019, Minnesota had 110 confirmed or probable lung injuries and three deaths associated with vaping. There are an additional 39 cases under review. To keep safe it’s best to refrain from using them. It is difficult to quit nicotine and that is why we encourage youth to never start using and adults to stop using.”
“Lead the way and stop a generation of young people. We don’t have time to wait for the state or the federal government,” stated McIntee. “You’re truly making an impact on the health right here in Rushford.”
According to Pohlman, the effects of tobacco on a community extend far beyond the immediate and cities are taking notice. Fifty-three other Minnesota Cities have adopted similar tobacco ordinances raising the age to purchase tobacco to 21.
Brand, who chooses not to sell ENS products in her retail stores and stated she was a lifelong non-tobacco user, spoke in support of the original proposal to further regulate ENS, but brought forth concerns over additional modifications to the ordinance that came later as recommended by the law center working to draft the ordinance. Specific concerns included restricting the sale of menthol and flavored tobacco products (noted as accounting for more than half of all her tobacco sales), raising the age to 21 on a local rather than state level, raising the selling age to 18, creating a hiring and staffing burden, and restricting the sale of jerky and “loosies,” or single tobacco products, such as cigars, based on cost.
Within the proposed Clean Air Ordinance was also wording prohibiting lighters, matches, or other paraphernalia which Brand sought clarification on. She further expressed serious concerns that the added modifications would push customers out of town for purchases, leading to what she felt would be other retail losses within the city, and putting her business and that of others at a handicap. “I feel this was something about vaping and e-cigarettes, and I’m all for that, but I read into the ordinance,” she added.
Once the hearing was closed, council deliberations began. Largely, the council spoke in favor of several parts of the proposed tobacco ordinance, including raising the age to 21 and banning all ENS products, as well as being in favor of the entirety of the Clean Air Ordinance.
“I’m all for 21,” noted Councilor Jim O’Donnell. “Section 6D, flavored products, is pretty wide open though. I think we have the good bones of something here.”
“I’m totally against it personally, but I also don’t want to hurt business in own,” added Councilor Sally Ryman. “I think a we should have a total ban on all e-cigarettes and vaping products, instead of just limiting to flavors. I do lean towards eliminating the menthol and towards allowing sellers to be 16.”
“My concern is clarity for retailers,” noted Hallum. “As far as ordinances go, I want to make sure we know exactly what we’re doing when we pass the ordinance.”
“It still has teeth,” added O’Donnell. “We don’t want to hurt the small businesses.”
“Other schools and cities are looking at us,” reminded Mayor-elect Terri Benson.
“That’s more incentive to get it right,” concluded Hallum. The council approved the Clean Air Ordinance, but will bring the Tobacco Ordinance back for consideration once legal language and standards necessary are further clarified.
In other news, the tie-vote for an incoming councilor to fill the seat currently held by Terri Benson, who will preside as mayor after being sworn in this coming January, was determined by a flip of the coin, as ruled by Minnesota law. Mayor Hallum flipped the silver dollar with write-in candidate Doug Botcher, who was in attendance, calling the flip. The coin toss went in favor of write-in candidate Leigh Volkman, who was not at the meeting. Volkman will begin his four-year council term in January.
The next regularly scheduled council meeting is Monday, November 25, at 6:30 p.m., at city hall. The public is encouraged to attend.
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