ANR UPDATE 23(1), Spring 2004

It has been an incredibly busy winter for smokefree air advocates in the South. From North Carolina to Louisiana, and virtually all states in between, smokefree policy campaigns are underway, continuing the efforts that began last year in places like Lexington, Kentucky; Jackson, Mississippi; Dekalb County, Georgia; and Fayetteville, Arkansas.

In fact, Lexington’s ordinance, which was passed July 2003 and includes most public places and all restaurants and bars, is still making headlines. After its enactment, the opposition challenged the law in court. Although the ordinance was upheld at the trial and appellate levels, the Kentucky Supreme Court suspended the measure pending oral arguments on March 10th on the question of whether the ordinance is invalid based on state law. The Kentucky Legislature has also been quite busy addressing the issue of smokefree air. Several bills have been proposed that, if passed, would prevent municipalities (including Lexington) from enacting smokefree ordinances. One, Senate Bill 130, is now winding its way through the Legislature. As if that weren’t enough, Louisville is having its own battle in trying to pass a strong smokefree ordinance.

As exciting as things are in Kentucky, they are just as active in Georgia. Georgia is perhaps the busiest state in the nation right now in terms of both state and local action on smokefree laws. Buena Vista, Gwinnett County, Dekalb County, Snellville, Statesboro, and Valdosta have recently enacted ordinances, and Cobb County, Columbus, Decatur, Douglasville, Dublin, Fayette County, and Forsyth County, among others, are all working on ordinances. In addition, Senate Bill 507, a strong statewide smokefree law, has been introduced. Georgia is one of the major tobacco-producing states in the country and thus it is particularly heartening to see all of this great activity there.

Fayetteville, Arkansas passed a strong smokefree ordinance last fall, and afterwards was embroiled in an attempt to defend the ordinance in a referendum. The state and local coalitions ran an excellent campaign, solidifying the strong public support for the ordinance, and the people of Fayetteville voted to uphold it on February 10th. As can be expected, local activity is now increasing throughout Arkansas.

Residents, workers, and visitors in Jackson, Mississippi got an extra holiday present in December as the Jackson City Council passed a strong workplace ordinance. Now they can all enjoy some of the same protections from secondhand smoke that people in Metcalfe, Mississippi are enjoying.

In Louisiana, after a successful partial repeal of the state preemption law last year, local advocates are capitalizing on their newfound ability to pass local ordinances. Campaigns are underway across the state to make workplaces smokefree.

Advocates in Tennessee have taken note of activity in the South and have decided that they have lived with state preemption of local smokefree ordinances long enough. Taking a page out of Louisiana’s book, coalitions in Tennessee have mobilized to repeal preemption so that they are not left behind the wave of smokefree activity.

Even the largest tobacco producing state in the country, North Carolina, has decided that enough is enough. The local health department in Winston-Salem, home to RJ Reynolds, has begun to spearhead an effort to convince restaurants to go smokefree. Can an attempt at restoring local control be far behind?

Smokefree air in the South can no longer be considered merely a trend – it is becoming the status quo.

Lexington Vice Mayor Mike Scanlon receives ANR’s Smokefree Award of Excellence

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