ANR UPDATE, 27(1), Spring 2008

The Battle Continues...

Protecting and restoring local control for smokefree air is a never-ending battle. The past few years have seen unprecedented successes in support of local control, as several states have repealed preemptive laws or restored local control by enacting anti-preemption provisions in statewide smokefree laws. Despite the progress, 13 states still have preemptive laws that do not allow municipalities to pass local smokefree laws, although two of these expire in 2009 when smokefree provisions go into effect in Montana and Oregon. In 2008, the struggle continues as various states face tough preemption challenges and wage strong efforts to restore local control.

Repealing preemption
In Iowa, advocates have worked for several years to organize statewide power in support of repealing preemption. A significant part of their effort is encouraging local governments to adopt resolutions calling for the state legislature to restore local control. At least 35 Iowa communities have enacted such resolutions. The legislature is considering bills to both restore local control and enact a strong smokefree law this year. Advocates in Virginia, a preemption state in the heart of tobacco-growing country and the home of Phillip Morris, faced an uphill battle this session. Despite significant progress, twelve bills to restore local control or enact a strong smokefree law were unfortunately defeated this legislative session.

Ongoing battles: Conflicted preemption status
Pennsylvania and South Carolina's preemption status is undetermined due to conflicting court rulings. In Pennsylvania, where the Legislature is working to enact smokefree legislation, a conference committee has yet to negotiate a compromise between a weak, preemptive Senate bill and a strong, local control House bill that were passed last year. South Carolina advocates succeeded in preventing a preemption bill from moving forward in the legislature in January. Despite the state's conflicted preemption status, South Carolina municipalities continue to enact strong smokefree laws to protect their communities and send a message of support for the right to local control.

Fighting to maintain local control
In Mississippi, 17 communities have enacted strong smokefree air laws and more are under way. As typically happens in this situation, tobacco industry allies have introduced preemptive legislation to halt the effective local action. One bill would preempt all local governments from addressing smokefree air, and a second bill would prohibit local laws from addressing smoking in gaming facilities. West Virginia has defeated numerous attempts to enact preemptive legislation over the years, and faces another attempt this year in a bill that would prohibit local governments from addressing smoking in private clubs and would also overturn parts of existing local smokefree laws that cover private clubs. Bill status changes quickly so call us for an update or sign up for a weekly email update by sending an email to: PreemptionWatch@no-smoke.org.

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