By Mark Remme for the Star HeraldLast week a Pipestone couple ended a legal dispute that began in February at a middle school basketball tournament in Luverne. Doug and Lisa Smidt took a cigarette break just outside the elementary school’s doors on Feb. 5. Wendy DeLaRosa Gacke, who was at the tournament with her children, approached the couple. "I showed them the sign that said there is no smoking on the Luverne Public School campus and asked them if it was too much to ask to put their cigarettes out," Gacke said. "They said it was too much to ask." Gacke said that she felt it was her moral duty to take action. "I wanted to stand up for what I believe," Gacke said. "Cigarette smoking influences children. It wasn’t about getting revenge when they didn’t respond to my request. It just isn’t healthy and it’s illegal on the school’s grounds."Law enforcement was summoned to the scene, and the Smidts were given a citation by means of a citizen’s arrest. The couple fought the ticket until Thursday, June 9, when they decided to pay the fine. Dual citations of $60 were given to each of them, plus an estimated $40 in court fees brought the total to around $160. Some in the community have applauded Gacke’s initiative to call law enforcement. "I think it’s great that a community member stepped up," said Paula Anderson, Public Health Educator for Nobles-Rock County Public Health Services. "Policies and ordinances are in place for a reason. It’s proven that seeing people smoke affects the way kids feel about smoking." Gacke agrees that she made the right decision. "Afterward, my son told me that he was proud of me," Gacke said. "That made it worthwhile for me." Schools began making changes in their policies on tobacco use in 1975 with the introduction of the Minnesota Clean Indoor Air Act. The act protected public health by restricting smoking in public places and work places. The prohibition of tobacco was brought further in the 1990s with school districts making it illegal to use tobacco products anywhere on the school’s grounds. Luverne has signs posted around the school’s property stating the district has a zero tolerance policy for tobacco products.City of Luverne and Rock County parks are tobacco free as well, but they aren’t in the form of an enforceable ordinance.
