Pennsylvania
As of September 11, 2008, all non-hospitality workplaces in Pennsylvania are 100% smokefree. Unfortunately, the law permits smoking in bars, enclosed bar areas of restaurants, and casinos. Employees and patrons in these establishments will remain exposed to secondhand smoke. Also, the law is preemptive and prohibits all municipalities from enacting local smokefree laws that differ from the state law. Philadelphia is exempt from the provisions of the state law and may continue to enforce its stronger city law, although a January 2010 gaming law unfortunately permits smoking in all Pennsylvania casinos and removed Philadelphia's control over its gaming facilities.
History of Local Control in Pennsylvania: In 1988, Pennsylvania enacted a Clean Indoor Air Act, which included a clause preempting most municipalities from enacting their own smokefree air laws. However, in 1999 the preemption clause was repealed by the Legislature. Then in 2000, the Legislature enacted a measure purporting to repeal the 1999 repealer. For complicated reasons, it was never clear whether the 1999 repealer was valid. Thus, the state was left with a legal conundrum: did the Clean Indoor Air Act of 1988 still prevent municipalities from enacting their own smokefree laws? This uncertainty remains, as two trial courts in the state have reached opposite conclusions on the issue. In November 2006, Allegheny County enacted a strong smokefree law, which was challenged in court by two bar owners on the ground that state law preempted the County from acting. This argument was rejected in Mitchell's Bar & Rest. Inc. v. Allegheny County, No. GD 06-29159 (PA Court of Common Pleas, Allegheny County, Dec. 22, 2006). The court ruled that, given the uncertainty of the status of the original preemption clause, it must presume that the County law is valid. The court did, however, enjoin enforcement of the law with respect to bars until April 30, 2007 to give the Legislature an opportunity to assert its right to preempt the field of smoking regulation.
In January 2007, Erie County enacted a strong smokefree law, which was also challenged in court on the ground of preemption. This time, in Bowen et. al. v. Erie County, Pennsylvania et. al., No. 10504-2007 (PA Court of Common Pleas, Allegheny County, Mar. 2, 2007), the court ruled that the 1999 repealer never went into effect, thereby leaving the preemption clause in the 1988 Clean Indoor Air Act in effect. Thus, the court determined that municipalities have no right to enact their own laws on the subject of smokefree air and permanently enjoined enforcement of the County law.
In May 2007, on appeal of the Allegheny County ruling, the state Commonwealth Court reversed the trial court's refusal to permanently enjoin the law and found that Pennsylvania communities do not have the right to adopt smokefree laws because the purported repeal of the preemption clause in the 1988 Clean Indoor Air Act was, in fact, never effective. (Commonwealth Court of Pennsylvania, No. 192 C.D. 2007, May 22, 2007.)
In June 2008, the legislature enacted SB246, which made all non-hospitality workplaces smokefree, included clear preemption language stating that Pennsylvania municipalities do not have the right to local control and are prohibited from enacting or enforcing smokefree laws that are stronger than state law, other than Philadelphia.
Strong smokefree ordinances that were previously enacted by municipalities other than Philadelphia, including Scranton, Allegheny County, Erie County, and New Hope, cannot be enforced due to court rulings and ultimately the preemption clause in the state law.
For detailed information on Philadelphia's new smokefree law, visit: www.smokefreephilly.org
Pennsylvania's 2009-2010 Legislative Session: January 6, 2009 - November 30, 2010 (est.)
Read more about current tobacco-related legislation in Pennsylvania.
State Quitline Number: 1-877-724-1090
American Cancer Society Quitline: 800-QUIT-NOW (800-784-8669)
| Smokefree News |
| Pa. court sides with cops over on-duty tobacco use HARRISBURG, Pa.—A western Pennsylvania police union has won a ruling from the state Supreme Court that borough officials may not unilaterally ban officers on duty from using smokeless tobacco in nonpublic work spaces or smoking in some official vehicles. The decision made public Thursday said Ellwood City's 2006 ban on tobacco use on borough property will have limited application to members of the police union, unless they agree to it through contract negotiations. "While local legislation which promotes clean air and warns of the risks of tobacco use may be laudatory, it may not serve as a barrier to negotiations over this topic when it constitutes a working condition subject to mandatory bargaining," wrote Justice Debra McCloskey Todd for the unanimous court. The court overturned a 2008 Commonwealth Court ruling that had upheld the complete prohibition, but officers still are prevented from smoking in public places or inside borough buildings and vehicles used for mass transit because of the Pennsylvania Clean Indoor Air Act of 2008. A divided Commonwealth Court panel had deemed the ban a legal exercise of the borough's police powers, saying it was related to its efforts to promote health and welfare. But Eric Stoltenberg, the lawyer for the union, the Ellwood City Police Wage and Policy Unit, called the ruling a victory for police and firefighter unions across the state. ... Easton City Council to consider smoking ban in all parks Picture this: you’re poring over heaps of fresh strawberries and broccoli when another shopper blows a puff of stale smoke in your face. This would never happen at the local grocery store. But it’s a possibility at an outdoor farmers market, and some organizers of Easton Farmers' Market are rallying to change that. It started with restaurants and other indoor venues, and now an increasing number of public places are prohibiting smoking. City council’s public works committee is expected to discuss tonight the issue of whether to institute a smoking ban in all city parks. Council is expected to consider the ban at Wednesday’s meeting. ... Smoking, other bans approved for county parks Easton to consider smoking ban in parks Corry American Legion post fights statewide smoking ban
An overwhelming number of local taverns, restaurants and clubs have complied with the Pennsylvania Clean Indoor Air Act since it went into effect in September 2008. But a battle over the statewide smoking ban is taking place in Corry at the American Legion Post No. 365 on Sciota Road. Post officials believe they are complying with the law, even though the club has been cited twice for permitting smoking on the premises. . . . Private clubs like Post No. 365 can also be exempt from the law for their nonpublic functions if their members vote to allow smoking, which the post's members did in 2008. . . . The problem is that the post and the Pennsylvania Bureau of Liquor Control Enforcement, which makes sure places with liquor licenses comply with the law, have different definitions of "public event." ... YMCA: Kick butts out of Wilkes-Barre parks WILKES-BARRE – Representatives of the Wilkes-Barre Family YMCA want Mayor Tom Leighton and City Council to consider expanding an ordinance to make city parks tobacco-free. The ordinance now prohibits the possession and use of tobacco products by an individual on city playgrounds. “All we are asking is that the council considers expanding the ordinance to cover all city park property,” said Carol Hussa of the YMCA’s Action Communities for Health, Innovation and Environmental Change. Hussa and Jim Thomas, executive director of the YMCA, asked council to pass a tobacco-free park ordinance during public discussion at Thursday evening’s council meeting. This is one of many initiatives to make a healthier community. ... Residents' fuss over Warren Hospital off-campus smoking policy leads to designated smoking area In response to neighbors' complaints, Warren Hospital will allow employees to smoke in a designated area to keep their butts on the campus. The Phillipsburg hospital declared a smoke-free campus last year. Easton, St. Luke's and Lehigh Valley Hospital campuses also are smoke-free. The policy prompted Warren Hospital employees who smoke to cross Roseberry Street to light up, igniting the ire of neighbors. Marissa Roussell lives on Frost Avenue, but takes walks around the neighborhood with her toddler. The Roseberry Street sidewalks are littered with butts, she said, and her youngster has taken to picking them up. "She's at the stage where she puts things in her mouth and I don't want that," ... Upper St. Clair commissioners vote down smoking ban in parks Smokers still can light up in Upper St. Clair parks and playgrounds, but the practice will be discouraged. Township commissioners Monday night voted 5-2 to establish "tobacco free" zones at playgrounds and parks, asking guests to refrain from smoking. The measure will not ban smoking and was a disappointment for resident Debbie Barbarita, who came to commissioners earlier this year after her asthmatic grandson was exposed to cigarette smoke in two parks. She asked the seven-member commission to ban smoking, likening it to the ban on alcohol and dogs that already exists at township parks and ... No more smoking in Tioga Co. public housing WELLSBORO - The Tioga County Housing Authority Board approved its annual public housing agency plan and five-year-plan as required by the federal Department of Housing and Urban Development (HUD) at its monthly meeting Monday afternoon. The five-year plan includes a rough estimate of $4.23 million in upgrades to 11 facilities in Tioga County, of which the estimated cost of 2010 upgrades at most of those facilities is about $630,000 to be completed through a capital grant program. Goals included in the 2010 plan were flat rent increases and a smoke-free policy for all Tioga Housing Authority-owned and -leased buildings, including apartments, effective on July 1 this year. The board also approved those changes on Monday. ... Smoking still allowed at Upper St. Clair parks, playgrounds Smoking will be discouraged, but still legally allowed, at Upper St. Clair parks and playgrounds under the terms of a new resolution being considered by township commissioners. Commissioners Monday night considered a choice of several new ordinances and resolutions crafted in response to complaints by grandparent Debbie Barbarita, who told commissioners that her asthmatic grandson was exposed to cigarette smoke at township playgrounds. Ms. Barbarita asked commissioners to ban tobacco products at parks and playgrounds, but few commissioners supported either an option for a tobacco ban near toddler playing areas in playgrounds, or a total tobacco ban at all parks and playgrounds, except in designated areas. ... State panel approves local smoking ban option Municipalities could enact their own smoking bans that are more restrictive than Pennsylvania's law under a bill approved this week by a House committee. The measure that cleared the Health and Human Services Committee only gives municipalities authority to set indoor smoking policies that are stronger than the statewide indoor smoking ban enacted in 2008. It doesn't allow for weaker local bans. Under the 2008 state law, only Philadelphia is allowed to have a stronger indoor smoking ban than the state. ... Public housing for the elderly in Bradford County to become smoke-free SAYRE - In a controversial move, the Bradford County Housing Authority plans to make its apartment buildings for the elderly and disabled in Bradford County smoke-free, effective July 1, 2010. The new policy, which would affect the occupants of 400 apartments in those buildings, was discussed at a public hearing Wednesday on new policies and capital improvement projects that are planned at the housing authority during the coming year. James McRath, executive director of the Bradford County Housing Authority, told the 24 people who attended the hearing that the new policy is needed because second-hand smoke is a carcinogen and because people smoking in their apartments is a safety problem. Last month, a fire broke out at one of the housing authority's buildings, McCallum Manor in Canton, when a tenant fell asleep in a recliner chair with a lit cigarette, McRath said. "I was horrified by the damage" that the fire caused, McRath said. ... Upper St. Clair may ban smoking at parks, playgrounds Upper St. Clair commissioners Monday night began considering a plan to ban smoking in township parks and playgrounds. Spurred by a recent request from a resident who said her asthmatic grandson was exposed to cigarette smoke at a neighborhood playground, commissioners debated whether to ban smoking altogether or designate areas where smokers can light up. "There's no doubt in my mind that smoking around kids or anybody is dangerous," said Commissioner Preston W. Shimer, who supported a designated smoking area for employees outside of the township community and recreation center in Boyce Park. ... Newville eyes smoking ban in community park Newville Borough Council is hoping to clear the air next month on a proposal to ban the use of tobacco products in the community park. If adopted, borough police will be responsible for enforcing the ban and signs would be posted in the park advising visitors. Violators would be subject to a $50 fine plus the cost of prosecution. It will be the second time in six months council has tried to legislate a ban in response to complaints from residents about the use of tobacco products near children in the park. ... Gov. Rendell signs gaming bill HARRISBURG - Gov. Rendell signed the bill legalizing table games in Pennsylvania's casinos yesterday, closing the book on last year's marathon budget process barely a month before he officially opens debate on the next spending plan. ...In addition, he said, he took issue with language creating exceptions to Philadelphia's indoor smoking ban. The bill allows smoking in designated portions of the two casinos planned in the city. "I don't think it's an improvement to take away Philadelphia's right to set its own rules on smoking," Rendell said. "That part of the bill bothers me." ... Table games, Foxwoods win big The state General Assembly gave final approval yesterday for table games such as blackjack, poker and roulette to be added at casinos across Pennsylvania. ... The legislation: ... - Overrides the city's indoor smoking ban for the two casinos. Casino-Free Philadelphia yesterday lamented that Mayor Nutter, who pushed the indoor-smoking ban as a City Council member, did not lobby to keep casinos in the city smoke-free. Nutter, through a spokesman, expressed concern yesterday about the smoking-ban override and hoped that someone from the city's delegation to the General Assembly could reverse that later with new legislation. ... Table-games bill set for final passage in House today Widener Goes Smoke-Free Widener University will be the first area four-year college to go smoke-free, indoors and out, reports the Inquirer. The smoking ban includes the use of all tobacco products on campus. The decision to go tobacco-free came about by recommendations of a committee made up of students, faculty and staff who were concerned about health effects of second-hand smoke and increased health insurance costs for smokers and chewers. To make the July 1 ban an easier transition for faculty and students, the university is offering free smoking-cessation classes as well as nicotine-replacement drugs. ... Red Lion considers ban on smoking in parks Complaints of unruly juveniles in Red Lion parks have resulted in a proposal to ban smoking from public recreation areas as a method to discourage bad behavior and encourage families to again give parks a try, borough officials say. The proposed ban, up for a vote Monday, grew from increased complaints from residents who told the borough council they felt uncomfortable -- and at times in danger -- taking young children to parks, said Cynthia Barley, vice president of the council. As written, the ban would apply to the Red Lion Mile, Nitchkey Field and Fairmont Park. But Barley said council members would likely revise language of the ordinance to include all public recreation areas so future parks will be covered. ... Hospitals' ban on hiring smokers is a first in state If you smoke or use other tobacco products, don't apply for a job with Susquehanna Health System based in Williamsport. Beginning Jan. 1, all job applicants must pass a nicotine screening besides the current drug test. Those who fail will not be hired, said Traci L. Witter, a spokeswoman for the health system, which consists of Williamsport, Divine Providence and Muncy Valley hospitals. The ban on hiring smokers and other tobacco users is the first in the state, according to the Pennsylvania Department of Health. ... Man says he was fired for complaining about judge smoking A former Bucks County employee said he was fired from his job last year because he complained about a county judge smoking in his courthouse office, a federal lawsuit alleges. But the defendant in the civil suit, the county's court administrator, said the county employee was fired for poor job performance, according to subsequent court filings. Douglas Praul, the court administrator, also denied having any knowledge of county Judge Alan Rubenstein smoking in county offices, according to court records. James Frederick, a former supervisor of domestic relations officers, filed the suit in U.S. district court in Philadelphia in August. The suit alleges that Frederick's right to free speech was violated because he complained about the smoking in a county building, a matter of public concern. . . . There is a no-smoking ban in all county buildings. Frederick allegedly sent a memo to a supervisor complaining about the smoking. That supervisor allegedly told him in response that everyone in the courthouse knew that Rubenstein smoked in the building. ... Newville bans smoking in its parks Borough council voted unanimously tonight to prohibit the use of tobacco products at Newville Community Park and the Newville Rails-to-Trails trailhead. Officials have said they received complaints about the use of cigarettes and other products near children using the park and trailhead. The ordinance prohibits all tobacco products, including smokeless products, at the park on West Street and the trailhead on McFarland Street. ... Ontelaunee Township bans smoking at municipal building The Ontelaunee Township supervisors have passed a resolution banning smoking in the municipal building and on its grounds. The ban will take effect as soon as signs due to arrive next week are installed. The ban will not prohibit smoking on other township-owned lands. Solicitor Elizabeth A. Magovern reported Thursday night that Herbein & Co., a Reading accounting firm, is awaiting records needed to begin a forensic audit of the water and sewer authority. The audit ordered by the supervisors in August will include records from 1999 to 2006. ... Discarded butts lead to smoking ban UPPER MORELAND TWP., Pa., September 15, 2009 (WPVI) -- Public parks in Upper Moreland, Montgomery County are now smoke free zones. And it's tough to find a non-smoker who doesn't think it's a great idea. Thousands of people find Upper Moreland's 19 parks great places to play and relax. ... TODAY'S QUESTION: Was Pennsylvania wise in adopting a statewide ban on smoking in eateries and other public places one year ago? You have received an exemption giving you the right to allow smoking in the bar area at Neffs so long as it is walled off from the restaurant and has a separate entrance and ventilation system. Do you think the exemption gives you an unfair advantage over bars that do not have the exemption? Possibly. As I said, I really don't think there should be a law. It should be fair game for everyone. I do think it gives us an advantage, and that's why we sought the exemption. Like it or not, people like to smoke. We're just giving our customers what they want. Do you think the exemption allowing smoking at Neffs has helped sales? It has definitely helped sales. I've noticed new customers who came from bars that no longer allow smoking. ... Bars, restaurants not having trouble attracting customers under smoking ban Singer, the manager of Grille 31 in Mt. Pleasant, said the smoking ban has not exacted a toll on business there. "We still have smokers who still come in here and we have an outside patio now and they go outside and smoke. Our business hasn't changed at all. I was shocked," Singer said. And patrons are breathing easier since the Pennsylvania Clean Indoor Air Act took effect on Sept. 11, 2008. "The Clean Indoor Air Act is clearly an improvement because it is saving lives and saving money in Pennsylvania," said Joy Blankley-Meyer, executive director of the Pennsylvania Alliance to Control Tobacco. "The other way to look at it is that there are several exceptions in this law and that causes some workers in the hospitality industry not to be protected and we want everyone to be protected," said Blankley-Meyer. State Sen. Stewart Greenleaf, a Montgomery County Republican who advocated for the law, has introduced a bill to close the remaining "loopholes" allowing smoking indoors, she said. ... Kingston Twp. ordinance takes aim at junk cars The supervisors also approved having the township manager draft an ordinance that would prohibit smoking at Center Street Park in accordance with the Young Lungs at Play Program through Luzerne County’s Tobacco Free Coalition. ... A year later, smoking ban gets mixed reviews from restaurant owners A year after it was implemented, the statewide smoking ban is receiving mixed reviews from bar and restaurant owners. At Theo's Bar & Grille in Lower Allen Township, owner Ted Kalathas said he lost some of his regular bar clientele. "My bar crowd was tremendous. At the same time, what can I do? The people out for happy hour who want to light a cigarette are going to go somewhere else," he said. On the flip side, food sales at the FireHouse Restaurant & Bar in Harrisburg rose 10 percent and alcohol sales remained steady in the past year since the ban was enacted, said owner Donny Brown. "For us, everything is better. We used to allow smoking at the bar but the diners were so sensitive to it. Now that there is no smoking, we have more patrons," he said. The ban, part of the Clean Indoor Air Act, brought fresh air to public places such as sports venues, workplaces and restaurants. The law carves out exceptions for private clubs, cigar bars, and bars where sales of food consumed on the premises make up 20 percent or less of annual sales. Restaurant owners say since the law took effect last year on Sept. 11, it has both helped and hurt business. Some establishments are attracting more customers in their dining rooms while others have lost bar regulars. ... Beaver Stadium Goes Smoke-Free UNIVERSITY PARK, CENTRE COUNTY - America's largest collegiate football stadium has gone smoke-free. The Nittany Lions will play their first 2009 season game this Saturday in the non-smoking Penn State University Beaver Stadium. ... New smoking policy in full effect on campus Smokers coming back to campus may be greeted with more than a hello from University Police if they are caught smoking outside one of the designated areas; they could be given a $25 fine for smoking or for littering their cigarette butts. New and returning students have seen the signs scattered around the University Center’s Merson Courtyard, near the Cut, and other places on campus that warn of the consequences of smoking in a non-designated area. These signs are the manifestations of the changes in the university smoking policy that came about as part of the Healthy Campus 2010 program. ... Casino Nearly Doubles Designated Area For Smoking Gamblers Sands Casino Resort Bethlehem announced this morning that it has nearly doubled the amount of space designated for smoking gamblers from 25% of the gaming floor to nearly 50%. Sands says the increase is in response to demand from its guests. The casino says it has a state-of-the-art air filtration system that's designed to handle smoking on the entire floor, but 50% of the floor will remain off limits to smokers. Sands' restaurants will also remain smoke-free. Don't light up in Spring Garden parks As Marcus Johnson watched his 2-year-old son play on the swing at Elmwood Park, he said he was glad no one would be allowed to smoke near his child. Spring Garden Township's board of commissioners approved an ordinance last week banning smoking at all five of the township's parks, effective immediately. Johnson, who works at adjacent Memorial Hospital, said staff often use the park to smoke, since they can't smoke on hospital grounds. He appreciates they need someplace to go, but as a nonsmoker and a father, he'd rather they smoke somewhere else. "Don't contaminate (children) just because you want to smoke," ... Smoking Policy Changed at Penn State Altoona (scroll down to view) The Penn State Altoona campus has changed its smoking policy. Uniontown updates work on community improvements Uniontown City Council is assessing community improvement projects, including sprucing up its parks and seeking to eliminate smoking outdoor near Uniontown Hospital. ... Smoking ban in effect The ban goes beyond what was proposed at the council's previous meeting: No smoking within 50 feet of the public structures in the park. The new ban, which is a change to the park ordinance, takes effect immediately. Councilwoman Renee Brown, who had been one of the driving forces behind the initial 50-foot limit, made the motion to approve the ban. Cigar lounge to open in New Cumberland By the end of the month you'll be able to light up cigars and sip Irish whiskey in New Cumberland at J. Thomas O'Malley, Tobacconist. The cigar lounge and bar at 311 Bridge St. is the brainchild of Tim Hogg, owner of New Cumberland landmark, Coakley's Restaurant and Irish Pub. When it opens, the cigar bar will sell cigars, have cigarette machines and pour high-end Irish whiskeys, cognacs and brandy along with cocktails, wine and beer. Patrons can opt to sit at the hand-crafted wooden bar and watch sports and news from a half dozen flat-screen televisions or take a seat at one of several tables. The atmosphere will be upscale with historical photographs and items paying tribute to the former New Cumberland Box and Cigar Factories. Customers will enter the bar through an authentic speak-easy wooden door with a peek-a-boo hatch window. ... Pa. panel rules against colleges' smoking ban HARRISBURG, Pa. - Pennsylvania's 14 state-owned universities cannot bar faculty members and coaches from smoking outdoors on campus, unless their unions agree to the restriction, a state labor panel ruled. The ban in question was imposed by the State System of Higher Education in September, when a state law banning most indoor smoking took effect. System Chancellor John Cavanaugh said he interpreted the smoking law to extend to all campus grounds, because some classes are held outside. The Association of Pennsylvania State College and University Faculties, the union that represents 5,800 faculty members and coaches, filed an unfair labor practice complaint challenging the policy on grounds that any such change is subject to collective bargaining. ... Upper Moreland residents to be polled on smoking ban in township parks Commissioners on Upper Moreland’s parks and recreation committee said they’ll spend the next month polling residents on a proposal to partially or completely ban smoking in township parks. Indoor smokers still issue at courthouse Survey of Pennsylvanians Finds Little Trust In Institutions to ... Pa. Supreme Court hears police tobacco ban lawsuit A state ban on smoking in most workplaces has taken much of the fire--but not the smokeless tobacco--out of a long-simmering dispute between a western Pennsylvania municipality and its police. Attorneys for Ellwood City, its police union, and the Pennsylvania Labor Relations board argued before the Pennsylvania Supreme Court on Monday about whether Ellwood City has a right to ban tobacco use on borough property, including by its officers working in the police station and patrol cars. The high court heard the arguments because the police union appealed the Commonwealth Court's 5-2 decision early last year overruling the Pennsylvania Labor Relations Board. The PLRB had found that Ellwood City committed an unfair labor practice when it subjected police to the August 2006 tobacco ban without submitting the issue to collective bargaining. Pennsylvania rethinks smoking ban in hotel bars after lawsuits are threatened Health officials may relax the state's new ban on indoor smoking in response to lawyers' complaints about rules against lighting up in hotel bars. Judy Ochs, director of the state Health Department's Division of Tobacco Prevention and Control, said the department is doing a legal review after attorneys for about a dozen hotels called to challenge the ban. Trey Matheu, general manager of a western Pennsylvania resort that now prohibits smoking in its cigar bar because of the new law, said he hopes the state will relent without a protracted court battle. . . . Hotel bars weren't explicitly covered by the legislation, and Ochs said the Health Department now is trying to figure out what to do with them. Some Fire Departments Seek Smoking Ban Exemption Some volunteer fire departments say Pennsylvania's smoking ban is hurting their bingo fundraisers and they want an exemption. Bill Walker of Apollo's department, says about 80 people had attended bingo the week before the ban took effect. Warning letters go out to enforce Pa. smoking ban Since the law went into effect on Sept. 11, the department has sent more than 300 letters to establishments that include a state office, Penn State University's Beaver Stadium, a lawyer's office, a marketing firm, fire halls, a hair salon and restaurants. "We call it a warning letter, but it's more informational," said Health Department spokeswoman Stacy Kriedeman, adding that establishments received letters if complaints were made to the department. "It's a way to let business owners know that we're getting complaints, so they may need to address it." Smoking now allowed on half of Meadows' casino floor The Pennsylvania Gaming Control Board accepted a plan from The Meadows to allow smoking throughout the gaming floor of one of the two synthetic-fabric, tent-like structures in its temporary casino. The smoking area is the section of the casino patrons enter first. Smoking will be prohibited in the casino's second room, which is in the rear of the facility in a separate structure connected by passageways. The changeover was to be completed by today, Meadows spokesman David LaTorre said. State grants exemption to smoking ban The state Department of Health granted more than 1,700 exceptions to the statewide ban that took effect Sept. 11, and more than 350 establishments in Allegheny County are among them. More than 200 bars and restaurants with Pittsburgh addresses are exempt, including 14 on East Carson Street in the South Side, according to state records posted online early Friday. "The law provided for a variety of exceptions; it wasn't comprehensive," said Cindy Thomas, executive director of Tobacco Free Allegheny. "We were looking for a more comprehensive ban." . . . The list of exempt bars includes only "type-1" applicants, which are bars and taverns, state Health Department spokeswoman Holli Senior said. Rendell Will Sign Pa. Smoking Ban Into Law Today Pa. smoking ban approved After months of debate, the Senate yesterday overwhelming approved a bill to ban smoking in virtually all public places and most work sites throughout Pennsylvania. The bill, which allows Philadelphia to keep its more extensive two-year-old smoking ban, now goes to Gov. Rendell, who said through a spokesman that he intends to sign it shortly after it reaches his desk later this week. When the measure becomes law, Pennsylvania will join 32 states - including New Jersey - and the District of Columbia with some type of smoking ban. The legislation will take effect 90 days after Rendell's signature. It effectively bans smoking in all public places including hospitals, schools and sports facilities. It bars smoking in taxis, trains and buses and in train and bus stations. It also eliminates smoking in all restaurants. But the bill contains a lengthy list of exemptions allowing smoking in certain workplaces and entertainment venues, including casinos located outside of Philadelphia. Editorial: Local control / If the state won't act, the county should ban smoke That leaves Pennsylvania's cities and towns to ban butts themselves. But exactly what they can do is obscured by a smokescreen of legal mumbo jumbo. In 1999, the Legislature repealed the "pre-emption clause" in the 1988 Clean Indoor Air Act that had prevented towns from passing smoking rules more strict than those in the state law. But then, the following year, the Legislature repealed that repeal. State law also says, however, that if the Legislature repeals a repeal, the language in the original law is not revived. So some lawyers said the pre-emption clause remained dead. But others contended that because the original repeal was never actually implemented, the pre-emption remained alive. Clearly, there's nothing clear here. Still, Allegheny County's solicitor has told SmokeFree Pennsylvania that a smoke-free workplace ordinance that it has petitioned County Council to pass would be illegal and shouldn't be considered. Phila. council passes smoking ban for restaurants and bars Philadelphia City Council approved a ban on smoking in restaurants and most bars on Thursday… Peter Breslow, a restaurant publicist in Philadelphia, said his "clients in New York and Boston have managed this adjustment over the past couple of years and, frankly, the businesses haven't been affected negatively at all. In fact, they've benefited greatly. "The stale smell of cigarettes and ashtrays" has given way to the aroma of the food, Breslow said. Indoor Smoking Ban...Don't snuff out a second try |
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