MANCHESTER, MO (KTVI - FOX2now.com) - The West County Fire Protection District is planning to become the first fire protection district in Missouri to go totally tobacco free. But for some employees, the no tobacco policy will apply even when they're off duty. The policy that is set to take effect next year would apply even when employees are off the clock. The movement has support from the department, but the ACLU is giving it a thumbs down.

The Chief of the West County Fire Protection District says it is a health issue. Dave Frazier Jr. says with the stress of a firefighter's job, it's critical that they're in the best possible physical condition, "we need them to perform in peak, optimum efficiency within those few minutes, let's say if you're trying to rescue someone." Frazier says having tobacco free employees may also help keep down rising health insurance costs.

Firefighter Kelly Grassmuck supports the policy. Grassmuck says he's smoked for ten years and this will help him quit, "with us being role models in the community and we strive to be role models in the community, I think it's very important that we don't smoke. Our goal is to save lives and I think we have to start by saving our own."

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The ACLU's Legal Director, Tony Rothert, says the plan is "overreaching". Rothert says the policy is an unconstitutional invasion of privacy, "when you work for the government, you give up some of your rights while you're at work. But what you do at home on your own time, the government should not intrude into that."

The policy, which takes effect January 1st, 2010, will prohibit tenured employees from using tobacco while on the clock. New employees will not be allowed to use tobacco products anytime.