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“There are no official opinions (from the attorney general’s office) at this time,[link widoczny dla zalogowanych], and no one has requested any official opinions,” she said. “But because of the wide variation of inquiries … the AG’s office has basically just been talking with the state’s attorneys and city attorneys on these issues. It’s a petty offense,[link widoczny dla zalogowanych], so the AG’s office can’t really get involved in prosecution.
It’s coming down to the state’s attorneys determining how they are going to handle it.” Rabern said she expects the law to be the subject of various pieces of legislation in the 2011 legislative session. The most pressing issue in Yankton is the interpretation of a portion of the law that reads,[link widoczny dla zalogowanych], “Any person that owns, manages, operates, or otherwise controls a public place or place of employment shall inform persons violating [that no person may smoke tobacco or carry any lighted tobacco product in any public place or place of employment].”
The owners of Tobacco Road say they are in full compliance with the law. “This is not an ambiguous statute, and there can be only one interpretation,[link widoczny dla zalogowanych],” they told the Press & Dakotan. “We would suggest our critics actually read the new law or have someone explain it to them.” They are not alone in their view. Yankton County State’s Attorney Rob Klimisch said that, while he is still considering how he will enforce the smoking ban, it appears that is the correct interpretation.
“If you read the law, it looks like the owner’s only responsibility is to let people know (what it says),” he stated. “Their responsibility ends at that spot.” Klimisch said he will consult with other counties to see how they plan to handle the situation and then have a meeting with law enforcement and affected business owners. He expects that to occur in the first two weeks of January. The FCTC was negotiated among all of the World Health Organization’s (WHO’s) 190 Member States and, after three years of intense negotiations, was adopted in May 2003.
Canada, already a world pacesetter in tobacco control, played a leadership role in the development and negotiation of the FCTC. In fact, many of the articles and obligations of the treaty are modelled on Canadian legislation. Tobacco use is the world’s leading cause of preventable illness,[link widoczny dla zalogowanych], disability and premature death. The FCTC demonstrates the commitment on the part of all WHO Member States to address this global epidemic and reduce tobacco use. This global increase in tobacco consumption has greatly alarmed many healthcare experts and policy makers around the world.
Therefore, the international community have come together and, under the auspices of the WHO, have adopted the Framework Convention on Tobacco Control (FCTC), the first ever public health treaty. In addition to the FCTC, certain countries (where constitutional law permits), such as Ireland,[link widoczny dla zalogowanych], Norway and New Zealand are adopting country-wide smoking restrictions. These international efforts demonstrate the importance of addressing this global health concern.