ANR UPDATE, 28(2), Summer 2009
State Updates
North Carolina has achieved a historic success by adopting a 100% smokefree law for all restaurants and bars. The law exempts non-hospitality workplaces and cigar bars, but it is a major step forward in protecting residents and workers, especially since North Carolina is the nation's largest tobacco growing state and home to the R.J. Reynolds Tobacco Company. Significantly, the law also partially restores local control by allowing local governments to adopt smokefree laws for government workplaces and public places. The law is scheduled to go into effect on January 2, 2010. Congratulations!
Wisconsin has enacted a smokefree workplace law that makes almost all workplaces, including all restaurants and bars, 100% smokefree indoors. The law also covers 100% of hotels and motels, making all guest rooms smokefree. This makes Wisconsin the first state to include 100% of hotel and motel rooms.
Unfortunately, the law exempts retail tobacco shops and cigar bars, and also preempts local cities and towns from prohibiting smoking in outdoor areas of private property, such as restaurant and bar patios. Governor Doyle signed the law on May 18th, but, unfortunately, it will not take effect until July 5, 2010. See more on the Wisconsin Story ("Taverns Clearing the Air") on the front page.
South Dakota, which already has 100% smokefree non-hospitality workplaces, has adopted a new smokefree law covering all public places, including restaurants, bars, and gaming facilities, such as video lottery establishments and casinos. The law is slated to take effect on July 1st. Unfortunately, an opposition group associated with video lottery is collecting signatures in an attempt to postpone implementation of the law by sending it to the voters for an up or down vote. The group must get 16,776 valid signatures by June 29th in order to place the law on the ballot in November 2010.
In Vermont, which already has 100% smokefree restaurants and bars, the Legislature strengthened the state law by enacting a bill for 100% smokefree non-hospitality workplaces. The Governor signed the bill on May 27 and it is expected to go into effect on July 1, 2009.
Nevada's current smokefree law covers most workplaces and public places, including restaurants, but exempts freestanding bars and gaming areas of casinos. State legislators threatened to repeal most of the law this session but stopped short thanks to strong public opposition to repealing of the law. Unfortunately, an amendment to allow smoking in convention facilities was added to an unrelated bill at the final moment before passage and was enacted. A recent poll found that 72% of Nevada voters support the smokefree law.
Based on results from tests performed on 124 casino workers on the Las Vegas strip, a recent report by the National Institute for Occupational Safety and Health (NIOSH) concluded that all casinos should be 100% smokefree in order to provide a safe work environment (see NIOSH article on front page). This finding should encourage Nevada legislators to strengthen the state law to cover all workplaces, including casinos, as soon as possible.
Nebraska's smokefree law, effective on June 1st, covers all workplaces, restaurants, and bars statewide. However, a recent bill signed by the Governor added an exemption to allow cigar smoking (but not cigarette smoking) in cigar bars and to prevent local communities from closing this loophole.
The Indiana Legislature considered a smokefree air bill this session, but, unfortunately, the bill was severely weakened to exclude many workplaces, including restaurants, bars, and casinos. Statewide partners successfully promoted a "Fix It or Nix It" campaign to oppose the compromised bill. The advocates demonstrated political power by their willingness to stand firm and united on their policy goals, and are in a better position to fight again next year.
Oklahoma had strong public support for a promising smokefree air bill, but it died in the Legislature earlier this session. Oklahoma advocates pledge to continue the fight to restore local control and pass strong smokefree workplace laws without exemptions.
The Texas Legislature considered two bills to bring smokefree air to all workplaces in the Lone Star State, including restaurants and bars. Unfortunately, the bills died in May after they could not get enough support in the Senate. Despite the setback, advocates and partners did a great job in advancing the right of all Texans to breathe clean air on the job. In addition, smokefree supporters fought off Big Tobacco amendments that would have weakened the bill. The well-organized statewide effort was built on local smokefree air successes throughout Texas. More than 50 communities, protecting more than 40% of Texans, have enacted local 100% smokefree indoor air laws. In 2008, Texas was the third leading state in the U.S. in enacting the most strong local smokefree laws, and the local momentum will continue growing.
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