Public health concerns trumped property rights arguments Tuesday as the Teton District Board of Health unanimously approved a countywide smoking ban.

Seven appointed board members listened to about 45 minutes of public comment before approving the measure called the Teton District Smokefree Air Rule of 2009.

Julia Heemstra, program manager for Teton County Tobacco Prevention, and her supporters have worked for more than two years to pass a smoking ban.

“This is landmark,” she said after the meeting. “It sets the highest precedent. The fact that the board of health decided to move forward themselves is incredibly courageous.”

The rule is designed to “protect the public health and welfare by prohibiting smoking in public places and places of employment.” It applies to all public areas, including bars, restaurants, buildings used by the general public, and common areas of hotels, motels and sports arenas.

Among exemptions are private residences, except when childcare is involved, and hotel and motel rooms rented to guests. Private clubs also are excluded, except when the public is invited for an event.

The board also included a caveat for tobacco shops such as Tobacco Row.

A person or business owner violating the rule faces a misdemeanor, punishable by a fine of up to $750 or jail time.

The rule takes affect 60 days from Tuesday – the end of May.

The board began pursuing a smoking ban through the health board last fall. Attempts at the Jackson Town Council level had failed because councilors thought an ordinance was unnecessary with so few places permitting smoking. County commissioners lack ordinance authority for such a regulation. The measure was mostly symbolic for pubs and eateries: Only the Virginian Saloon allows patrons to smoke.

County health boards, municipalities and states nationwide have taken up the issue in recent years with mixed results. A statewide regulation died in the Wyoming Legislature last month.

Jackson Councilor Bob Lenz said on Tuesday night that the council didn’t take action on a smoking ban in the past because so many businesses were already smoke-free. He worried about regulating places of employment.

“Aren’t those private?” he said. “I kinda liked it the way the town had it.”

Most of those who spoke Tuesday at the health board meeting supported the rule, but those against it said property owners should be allowed to determine what goes on in their buildings.

“I don’t think it’s the place of the government to make the decision,” said Richard Choate of Tobacco Row.

Virginian complex manager Mike Kraft said businesses should have final say and customers can just avoid the properties if they don’t want to inhale someone else’s smoke.

“They don’t have to come in if they don’t want to,” he said.

Throughout the six-month discussion, the health board argued the rule was designed to improve community wellness.

“I’m so excited the board passed it unanimously,” board member and rule instigator Dr. Brent Blue said. “Tobacco is the single greatest cause of irreversible disease.”

County health manager Terri Gregory provided additional statistics at Tuesday’s meeting. Her staff collected literature and background material for more than a year to support a smoking regulation.

She cited scientific evidence showing that cigarette smoke is a Class A carcinogen and a surgeon general’s report saying smoking harms all organs of the body.

“The role of public health is to prevent disease and promote public health,” Gregory said.

County health officials posted multiple public notices and extended a public comment period beyond the legally required 45 days. Board members also voted to make slight changes to the initial rule to avoid anticipated public objections. One example was the decision to strike wording that the “need to breathe smoke-free air shall have priority over the desire to smoke.”

Opponents question the constitutionality of the restriction.

“They had their mind set on what they were going do, and it doesn’t matter how many comments came in,” Dave Loy said as he sat at the Virginian Saloon on Tuesday afternoon. “They’re not elected officials – where do they get off?”

Virginian Saloon and liquor store manager Max Anderson said a vote before the public or a decision from the Town Council, representing the public, seemed more fair.

In previous meetings, health board member David Shlim wondered if the board had the authority to vote on a rule because members are appointed rather than elected. He said Tuesday he had changed his mind.

“The fact that the majority is [voluntarily smoke-free] shows how popular the idea is in the county,” Shlim said.

Wyoming statutes allow boards of health to use rules to protect public health, but this is the first time the authority has been used to regulate smoking. Teton County health board attorney Keith Gingery said other states have allowed health boards to proceed with smoking restrictions using similar rule language.

In 60 days, Jackson’s only affected bar will have to change its “The Virginian Saloon is a smoking establishment” sign to “No smoking allowed.”

On Tuesday afternoon, customers paused between drags to argue personal and property rights.

The rule “ain’t protecting me,” Howdy Litzelman said as he snuffed out his butt in a shiny black ash tray. “I’m going to smoke until the day that I die.”

Ralph Spooner asked what happened to Jackson’s Western mantra of freedom and “wide-open America.”

“They advertise the old cowboy way, but when you get here, it’s not like that anymore,” Spooner said. “They’ve taken it all away.”