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 However, in 1999 the preemption clause was repealed by the Legislature.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
2013-2014 State Legislative Session: 1/1/2013 - 11/30/2014
Quitline Number: 1-877-724-1090
American Cancer Society Quitline: 800-QUIT-NOW (800-784-8669)
Smokefree & Related News
'vape lounge' scene creates community for quitters
Lancaster County schools banning e-cigarettes
banned on all Centre County-owned properties
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Mayor, citing own research, says second-hand smoke is not harmful
ban vetoed by Punxsutawney mayor
Time: The Trend Toward Tobacco-Free Workplaces: Guest ...
Should smoking with kids in the car be banned?
e-cigarettes like tobacco
Irish Pub to refocus on food, go non-smoking: Out with Sara
begins to hang smoke-free signs
groups ask for laws regulating, taxing e-cigarettes
present a question of safety
Cigarettes Should Be Treated Like Tobacco, Say Doctors
rental units growing more popular
bans smoking, approves assessment appeals
State-Virginia Commonwealth collaboration will study matters ...
looks to go tobacco free
cigarettes could join Hampton schools' prohibited tobacco ...
'em if you got 'em? Maybe not in county senior housing
Editorial: A risk casinos can do without
play zones requested in Upper Leacock
to serve as smoking research center
no longer allowed in Chesco public housing
snuffs tobacco use in city's parks and playgrounds
Senator Works to Ban E-Cigarette Sale to Minors
Carbon bans smoking at playgrounds
ads more common in poor neighborhoods, survey finds
police seek underage smoking ordinance
Borough considers under 18 smoking ban
bar owners allow diners to smoke electronic cigarettes
bans smoking in parks except in designated areas
considers teen smoking ban
smoking ordinance fails to pass
Blair Hospital No Smoking Policy
County Housing Authority could go smoke-free
OF CORRY JOINS YOUNG LUNGS AT PLAY INITIATIVE
County man sues over smoke-free workplace
Plan B on city schools
banned in Kiwanis Park
smoking: UPMC's new tobacco policy makes sense
ban a good idea
Strip Clubs Face Double 'Entertainment' Tax
council sets smoking regulations for rec areas, even parking ...
are E-Cigarettes and are they safer than tobacco cigarettes?
Goes Smoke-Free Outside
Resume war on smoking
County Community College goes completely tobacco-free
Senate committee OKs a Philly cigarette tax
Philly follow Wilmington's lead with smoke-free housing?
Healthy Communities: Young Lungs at Play
Patriot-News editorial should have embraced entire smoke-free proposal
you think indoor smoking should be banned in all public places?
beach areas please Pine Grove park visitors
People who use the beach areas of Fuller and Laurel lakes in Pine Grove Furnace State Park appear pleased with new regulations that restrict smoking.
Hill ponders smoking ban in park
View: Make Pa. smoking ban complete
a blow for respiratory freedom and expand Pennsylvania's smoke-free
readers voted: Expand smoking ban and include public parks
lawmaker calls for stricter smoking ban
County honored for tobacco-free policy at parks ...
County Moves Toward Outdoor Smoking Ban
Council advances bill to tax cigarettes
Park starts new program to help smokers and non-smokers ...
Tax Plan For Philadelphia School Funding Introduced in ...
to create smoke-free parks expanding
The state Department of Health is using funds from the tobacco industry settlement to provide signs to communities that create smoke-free parks and ...
Council Explores Alternative Funding Sources For School ...
on to expand smoking ban
Doctors, please help fight smoking policy
proposes alcohol, tobacco tax hikes
alarms sound on e-cigarettes
County Community College goes tobacco free July 1
In a commitment to creating a healthy and sustainable environment for the entire Delaware County Community College community, the College is pleased to announce that all of its campuses and centers will go tobacco free July 1, 2013. The policy prohibits the use of any tobacco product (cigarettes, cigars, pipes, snuff, chewing tobacco, etc.) on all college-owned or leased properties. The College is proud to join nearly 800 schools around the country that maintain 100 percent tobacco-free campuses.
VFW Votes to Go Smoke Free
smoking ban is seen as a success nearly 5 years after it became law
Township parks could go tobacco-free
Susquehanna Township parks could go tobacco-free, if a slim majority of commissioners holds together. Commissioners voted 5-4 on April 11 to draft an ...
Parks to Become Smoke-Free Zones
Verona Borough parks will be deemed smoke-free zones. Last week, council approved a resolution prohibiting smoking at all borough parks and playgrounds, including Riverbank Park and the parklet near the borough building.
Blowing smoke on workplace health
Hand Smoke's Effect On Children Focus Of Health Department Campaign
Kiwanis Park now no smoking
City Council passes playground smoking ban
bans in parks controversy reignited
building is now tobacco free
County bans smoking; County-owned facilities smoke-free
council adopts 'tobacco-free' parks
to be curbed at Heritage Plaza
officials to vote on whether to make township parks smoke free
lighting up at Abbottstown park to be fined $25
Medicine decision not to hire smokers part of a controversial trend
health system to stop hiring tobacco users, except at NJ facilities
View: Make public housing smoke-free
smoking ban is unfair
residents complain about smokers in public housing complex
County jail smoking ban delayed
tobacco ban going smoothly
Regional Goes Smoke-Free
Authority Considers Smoking Ban
Club is smokin' mad
in restroom at Pittsburgh International starts fire, clears concourse
council passes park, playground smoking ban
proposes making park tobacco-free
Adds New Smoking Penalty
bans smoking on parks grounds
State Should Become a Smoke-Free Campus
Park bans smoking at borough parks
Prospect Park bans smoking at borough parks. Published: ... Smoking is already banned at all borough-owned buildings and facilities. Young Lungs at Play is ...
Inn now Smoker-Friendly Again
That`s when the owners, who are non-smokers, tried to see if their customers would welcome a non-smoking bar. Owner Greg MacBlane says his business has ...
Regional to Adopt Tobacco-free Policy
The Altoona Regional Health System Board of Directors has approved
a tobacco free policy that will take effect Jan. 1.
General Health to adopt tobacco-free hiring policy
smoking' coming to York housing authority properties
system smoking ban refreshing
County public housing agency moves toward smoking bans
smoking ban at least a month away
considers smoking ban on all borough properties
Smoking Ban in Parks Headed for Vote
Councilwoman Mary Fuller said at the council work session this month that the parks and recreation committee, of which she is chairperson, has made a recommendation to borough council to proceed with the banning of smoking in all park areas. ...
Our view: Smoking ban at parks may be in order
Jay Leno poked fun at the Erie Times-News for our headline on Nov. 12, 2003: "Little white butts litter beach."
Council to Discuss Cigarette Fine
The issue came before the Planning, Zoning, Business and Industrial
Development ... However, do not fine someone until proper cigarette
butt receptacles are ...
considers smoking ban in public parks
green light to park smoking ban
But limits on smoking also will create a healthier climate for nonsmoking
park ... neighboring states that are either considering or already using
smoking bans at ... New York Mayor Michael Bloomberg banned smoking
in all city parks more ...
ban: Piecemeal curbs on workplace smoking could work
Smoking is permitted on half of the gaming floors in the casinos,
and the stench extends beyond those zones. Although state law ostensibly
allows smoking only ...
advocates: Pennsylvania's no-smoking law has too many ...
Pennsylvania's no-smoking law has too many loopholes that should be
eliminated to protect more workers from the dangers of second-hand smoke,
leaders of anti-tobacco groups told state legislators at a hearing in
Hell yeah Dan Frankel! Banning indoor smoking is a public health no-brainer.
Bar owners and smokers always freak out about these kinds of laws, arguing
that people will stop going to bars, but it never happens. People who
didnt go to bars before because they didnt want to smell
stinky more than make up for the tiny number of folks who actually stop
going. Its not fair for a handful of smokers to poison everybody
would broaden Pennsylvania smoking ban
Local governments across Pennsylvania could enact tougher bans on smoking than what is called for by the state's Clean Indoor Air Act under legislation expected to be introduced today by state Rep. Dan Frankel. ...
to Ban Smoking at Ross Parks and Playgrounds Goes Up ...
A proposal by Ross Township commissioner Daniel DeMarco to make township
parks and playgrounds tobacco-free failed to gain much traction at the
commissioners committee this week.
smoking ban in public housing raises cultural issues
comments: Are smoking bans in public housing fair?
Your comments: Are smoking bans in public housing fair? ... TODAKThe
Allentown Housing Authority banned smoking at all its properties, effective
July 1. ... The ban became effective Sunday, prohibiting smoking everywhere
inside the ...
Michael J. McFadden, author of "Dissecting Antismokers' Brains,"
and Mid-Atlantic regional director of the Citizens Freedom Alliance.
ban in effect for Allentown Housing Authority
threatened on smoking ban
Dear York Housing Authority: Since you have not seen fit to actually
read the Constitution of the United States, it falls upon me as a citizen
to take legal action ...
talks non-smoker discounts
If smokers are 3 percent and nonsmokers are 97 percent of our workforce, ... the county should offer health insurance discounts to its nonsmoking employees.
unveils tobacco-free signs for city parks
bans smoking in city parks
Chester City parks will soon be smoke free. ... Chester bans smoking
in city parks ... The Delaware County city recently amended an ordinance
to ban tobacco ...
playgrounds designated tobacco-free
Chester is joining the Young Lungs At Play initiative, a no-cost, tobacco-free
program supported by the Pennsylvania Department of Health. As part
of that ...
Parks Go Smoke-Free
Park Borough's parks and recreation areas go smoke-free
Ridley Park Borough Council June 19 approved a resolution titled Young
Lungs that establishes a tobacco free zone at all borough parks
and recreation areas.
EXETER TWP. Supervisors ban smoking in parks. The Exeter Township supervisors
have voted 3-2 to ban smoking in parks as part of the statewide Young
Housing authority right to nix smoking
I applaud the York Housing Authority for its decision to implement a smoke-free policy in its housing units. This is a big step to reduce exposure to second-hand and third-hand smoke for non-smoking residents of their housing units.
take: York Housing Authority's no-smoking rule makes sense
Smoking residents are, predictably, angry. What's next, they say? Banning soda, potato chips, bacon, candy, alcohol or other things that are legal but not good ...
Parks to be Posted Tobacco Free
CLEARFIELD - At the request of a citizen, parks in Clearfield Borough
will be posted Tobacco Free. The topic came up during last night's Clearfield
smoke areas up for debate
The fourth phase of the town's smoking ban received only two of three readings at council June 11 to allow town staff to include designated smoking areas to the ...
bans smoking at playgrounds
Laureldale Borough Council enacted a ban on smoking in playgrounds
designed to make the sight of cigarette butts and smokers at Rosedale
Playground, for instance, a thing of the past.
protest proposed smoking ban in York Housing Authority homes
Smoking would be banned in all units and within 25 feet of entrances and windows, officials said. ...
Housing Policy (PDF)
1. Smoking is not permitted in Housing Authority buildings, including
apartments, in accordance with the following guidelines. ...
considering smoking ban at York Housing Authority offerings
York, PA - A proposal to ban smoking inside and out of all York Housing Authority ... Smoking would be banned in all units and within 25 feet of entrances and ...
smoking: Several municipalities here make community parks ...
Young Lungs at Play will supply signs advising park visitors that "this
is a tobaccofree zone." Lancaster City Council approved the
measure recently and now a ...
parks stamp out secondhand smoke
Monroeville council members approved a law last month that bans smoking
in all of the municipality's parks. The law went into effect immediately
but signs ...
Cigarettes Banned From Penna. Courthouse
GREENSBURG, Pa. (AP) Some non-smokers will have to join smokers
outside one western Pennsylvania county courthouse if they want
to huff and puff on electronic cigarettes that emit water vapor.
cigarettes get the gavel at the Westoreland County ...
Westmoreland County courthouse workers and visitors trying to quit smoking by using electronic cigarettes will have to go outside with the rest of the smokers.
to ban smoking in parks
The ban, passed in December, will go in effect June 1. Mayor Denny
... Thomas said the borough is following Guthrie's lead in banning smoking.
He added that ...
Other States' Casinos Smoke-Free
WHEELING Dr. William Mercer hopes Pennsylvania lawmakers will
follow Ohio's lead in banning smoking at its gambling casinos.
to Ban Smoking in Doylestown Parks
No more lighting up in public parks in Doylestown Borough, if council
approves an ordinance banning smoking.
Doylestown Borough Council
voted to ban smoking in all its public parks, ...
bans smoking at all borough parks
use prohibited in park, at ball field
Reading and South Heidelberg Township have banned smoking in parks.
"We obviously don't have a police force to restrict it, but people
violating it would be ...
is considering smoking ban in parks
Reading banned smoking in its parks in 2005. South Heidelberg Township
did the same in 2008. Now, the Exeter Township supervisors are considering
Looking For Solution To Smokers In Criminal Justice ...
City officials say nearly 20 years after the Criminal Justice Center
opened, theyre still stymied by a stinking problem: people puffing
on cigarettes in the buildings stairwells in defiance of Philadelphias
Laureldale Borough Council plans to vote Monday on an ordinance that
would ban smoking in playground areas where children are present.
officials see no way to enforce smoking ban in park
By Karen Blackledge The Daily Item DANVILLE Borough officials
say they would be unable to enforce a proposed ban on smoking in Memorial
Hempfield declares parks tobacco-free
West Hempfield Township has joined the list of Lancaster County municipalities that have moved forward with tobacco-free zones at township parks and public spaces.
Rocks council clarifies park smoking rules
Last month, council voted 5-4 to make the parks smoke free. But council members last night said it was not their intention to ban smoking completely, ...
alcohol allowed in Tilden Park
Smoking will be permitted in a designated area that still needs to
be defined ... saying that a total ban on smoking and drinking in the
park could make it ...
Pa. bars, eateries still let patrons light up
city parks to be 'tobacco free' but with no penalties
Second-hand smoke can have serious health consequences cigarette butts can litter ... voted to ban tobacco use in the city's public parks and playgrounds.
a copy for the library: McKees Rocks makes parks no-smoking zones
The action was prompted by a request last month from Tobacco Free Allegheny, a health advocacy group, to make the parks no-smoking areas.
View Park to become smoke-free zone
By Kay Stephens (firstname.lastname@example.org) , The Altoona Mirror
Blair County commissioners voted Tuesday to make the facility a smoke-free
casinos inevitable everywhere, advocate says
... "Many people have avoided casinos because of the secondhand smoke, so it's a great chance to attract a more diverse clientele to Atlantic City," says Bronson Frick, associate director of Americans for Nonsmokers' Rights, which has pushed for smoke-free public sites since 1976. "It's also part of a growing national and global trend." Frick says 19 states -- notably excluding Pennsylvania -- require casinos to be smoke-free. Among them are Illinois, where the top-grossing casino is the Rivers in suburban Chicago, owned by the company that operates a North Shore casino with the same name; Ohio, where the first casino is scheduled to open next month; and California. The group ranks Pennsylvania's anti-smoking law among the weakest in the country because of its many exemptions. For example, it limits smoking to 25 percent of the casino floor, but allows that area to be doubled if a 90-day review of slot-machine revenue shows the average win per machine in the smoking area substantially was more than in the nonsmoking area.
adopts tobacco-free parks ordinance
... discarding, lighting or smoking of tobacco products in borough
parks. ... aims to protect children from the effects of secondhand smoke
in public areas ...
Borough Council considers banning smoking in public parks
By Denise Bonura Waynesboro Borough Council is considering banning
smoking in borough-owned parks and is seeking public input on the proposal.
away the loopholes in Pa.'s public smoking ban
to Pa. Clean Indoor Air Act are unfair, unsafe
... venues in the state still have to breathe secondhand smoke on the
job. ... an exemption to the law to permit smoking in their establishments.
up smoking ban
In its eagerness to serve the state revenue-generating casino industry,
... but on the amount of revenue that casinos managed to tie to smoking.
Smoking Make a Comeback in Center City?
Remember the old days of Philadelphia, where you could light up a cigarette
pretty much anywhere? It seems like just yesterday that I was sucking
down Camel Lights at Bob & Barbaras and catching an after-dinner
drag on a Nat Sherman at Tank Bar. But it wasnt yesterday. It
was 2007 when Philadelphia went the way of New York, passing one of
the most restrictive smoking bans in the country. Five years in, the
city has made the odd move of relaxing some of the regulations.
Menendez said the smoking ban was the right solution and emphasized
that residents can smoke outside ... Washowich said he is aware of total
smoking bans. ...
up in smoke? State senator looks to eliminate loopholes that allow smoking
to continue in some public places
Flunks Pennsylvania on Tobacco Policy
Commissioners snuff out tobacco
2012 Be the Year of 'No Smoking' in Philly?
want smoking ban near hospital
Officials Consider Ban on Smoking in Parks
ban considered for parks
to tell smokers: Butt out of playgrounds
bans smoking at recreation centers
City mulls tobacco-free zones
eyes policy on tobacco in its parks
Pa.'s $300M diversion skirt the law?
In his budget proposal, Gov. Tom Corbett is asking the Legislature
to direct future tobacco settlement payments through 2025 into the general
fund, rather than the separate fund as has been done since 2001. ...
Upholds Smoking Ban at Pennsylvania's ACMH Hospital
Nutter, Department of Public Health plan outdoor smoking ban for Philly
bans smoking in city parks
WILKES-BARRE City Council on Thursday unanimously approved a ban on smoking in all city parks and playgrounds.
Council Chairman Bill Barrett said the ordinance expands an existing city law that prohibits those under the age of 18 from smoking on city property. Violators faced up to a $100 fine. The ordinance also prohibited the use of tobacco by adults in city parks in areas where small children play or congregate.
The new ordinance approved Thursday night prohibits anyone from smoking
anywhere in city parks, including Public Square.
Before the vote, a few people voiced opposition ...
residents move back to Westgate
All but 20 residents displaced by June's fatal fire at the Westgate apartments low-income senior housing project have moved back home.
Eight more damaged units in the 99-apartment complex on Stroudsburg's
West Main Street all on the fourth floor were reoccupied
late last week, said the Monroe County Housing Authority. Those displaced
by the fire are temporarily staying at area hotels, nursing homes or
Those on the six-story building's west side farthest from the fire's origin returned shortly after the fire. Those on the east side of the building have been returning one floor at a time. Sixth- and fifth-floor tenants returned in the late summer. Third-floor residents will be the next to return.
"We try to do a floor every four or six weeks," said Peggy Berger, the housing authority's resident coordinator. "We're hoping to do the next one before Thanksgiving."
The most pervasive structural problem isn't from the fire itself but water damage including mold produced from fighting the blaze, which claimed the life of a fifth-floor resident. Fire Management Control, the contractor retained by the housing authority's insurance company to make repairs, has removed lots of walls, cabinets and structures that pose a mold threat.
"Anything that looks suspicious, they're removing it," said Rich Widdoss, the housing authority's executive director. "They don't want to come back."
Berger expressed optimism that all residents may be able to return to Westgate by the end of the year.
The housing authority, which also has its offices at Westgate, recently met with local police, fire and emergency services officials to review how residents were evacuated during the fire and what can be improved.
Based on those conversations, Monroe County Housing Authority has decided to ban all smoking in the building. ...
City looks to ban smoking in all its parks
City Council this week is expected to approve expanding its smoking ban to prohibit anyone, not just minors, from lighting up in all city parks, including Public Square.
In 2008, council enacted an ordinance that banned those under the age of 18 from smoking on city property. Violators faced up to a $100 fine. The ordinance also prohibited the use of tobacco by adults in city parks in areas where small children play or congregate.
If the new ordinance is approved at Thursday's council meeting, no one will be able to smoke anywhere in city parks.
"And really, what's wrong with that?" said Bill Barrett,
council chairman. "I realize some people like to sit on a park
bench and smoke, but others don't. Banning smoking in our parks will
keep things cleaner, too." ...
weighs permanent ban on smoking in Centre Square
The mayor and most members of City Council are leaning toward favoring a permanent smoking ban in Centre Square in Downtown Easton, but there is a question as to whether they have a legal right to do it.
Northampton County owns the square, where smoking is now banned under
a 90-day executive order that was renewed in late August. The county
may need to give permission for the city to enact a permanent ban. Mayor
Sal Panto Jr. doesn't see it that way ...
Borough appoints new member
...The majority of the meeting was devoted to discussion of two topics: smoking in borough parks, and early morning parking on South Main Street.
Mayor Whyte noted he had received a complaint regarding smoking at
the final concert of the summer in Teoga Park downtown, which sparked
a lively exchange touching on both the dimensions of the problem and
some gray areas in the current ordinance. After discussion the ordinance
was amended by unanimous vote to prohibit smoking at all times in all
parks owned or leased by the borough ...
smoking ban hasn't burned eateries
TROY -- Mike Liberati, 28, of Troy, sat at the bar Sunday at Anthony's Bar and Grill. Next to his pint glass was a pack of cigarettes and a lighter.
Liberati excused himself, walked a few feet out the back door, and lit a cigarette. Before Pennsylvania's law on smoking changed, he used to smoke at the bar.
Though he can't smoke indoors at Anthony's, he said it hasn't affected where he eats and drinks, or how often.
"I don't mind it one bit, really," Liberati said of the need to go outside. "I wouldn't want to be sitting here eating and smelling it all day while you're eating. So I don't mind it."
Pennsylvania's indoor smoking ban in public places hit the two-year mark last Saturday. Contrary to the fears of some bar-restaurant owners, it doesn't seem to have caused many smokers to kick their habit of going out to eat or drink.
"Business has actually increased because of it, so I can't complain too much," said Stephen Weinstock, owner of Stocks on Second in Harrisburg.
Jack Hench, owner of Ye Olde Ale House in Hampden Township, was one who worried the ban would hurt sales. Yet Hench, a non-smoker, also realized that cigarette smoke made it impossible to see across his establishment on Friday nights.
His customers like it better without the smoke, it turns out. "I
would have to say, out of all honesty, it has been better, business-wise,"
he said ...
Rendell Announces Resignation of Health Everette James
HARRISBURG, Pa., Sept. 21 /PRNewswire-USNewswire/ -- Governor Edward G. Rendell today announced that Health Secretary Everette James will resign effective Oct. 1 to accept the newly created position of associate vice chancellor for health policy and planning at the University of Pittsburgh.
"Everette James has led the Department of Health through a period of significant public health challenges, and he met every one of those challenges with skill, compassion and professionalism," Governor Rendell said. "His effectiveness at regulating Pennsylvania's hospitals and nursing homes has ensured the safe delivery of quality healthcare for our citizens. He managed the unprecedented H1N1 vaccination program, developed innovative child health programs and implemented health reforms that will lower the cost of care."
During his two years leading the Department of Health, James has overseen
an agency that is responsible for regulating all hospitals, nursing
homes and managed care plans in Pennsylvania. Under his leadership,
the department successfully implemented the statewide smoking ban and
instituted the most comprehensive program in the nation to eliminate
healthcare acquired infections (HAIs). The new HAI law, known as Act
52, was a centerpiece of Governor Rendell's Prescription for Pennsylvania
health care reform. ...
Belle Vernon mayor vetoes play area smoking ban
North Belle Vernon officials are hoping that signs indicating the borough is part of a statewide anti-smoking campaign will make a difference at the community park.
Council last month approved a smoking ban for the children's play area at the park.
But at a meeting yesterday, Mayor Ed Lyons said he vetoed the proposed ordinance because it cannot be adequately policed.
"I'm not going to have police down there trying to enforce someone who's smoking a cigarette," Lyons said.
Councilwoman Betty Shine-Hill spearheaded the smoking ban last month.
She made a motion last night to override the veto, but it died for
a lack of a second. ...
ban hasn't burned eateries
2 years into the state law, restaurant and bar owners say the rule
against lighting up indoors seems to be good for business.
A pack of Newports peeked out of Morgan Evans' shirt pocket as he waited for his food at the bar of Molly Brannigan's in Harrisburg.
It's been almost two years since he could legally enjoy a smoke in the average bar-restaurant in Pennsylvania.
But the ban hasn't greatly affected where he eats and drinks, or how often.
He just steps outside to smoke -- as he tended to do before the ban.
"I always figured, Why should I let my problem become someone else's problem?" said Evans, 55, of Newville.
Pennsylvania's indoor smoking ban in public places turns 2 on Saturday.
Contrary to the fears of some bar-restaurant owners, it doesn't seem to have caused many smokers to kick their habit of going out to eat or drink.
"Business has actually increased because of it, so I can't complain
too much," said Stephen Weinstock, owner of Stocks on Second in
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. ...
City Council to consider smoking ban in all parks
Picture this: youre 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 its 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 councils
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 Wednesdays meeting. ...
other bans approved for county parks
to consider smoking ban in parks
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." ...
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 YMCAs 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
evenings council meeting. This is one of many initiatives to make
a healthier community. ...
fuss over Warren Hospital off-campus smoking policy leads to designated
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," ...
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
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. ...
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.
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. ...
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. ...
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. ...
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. ...
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." ...
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. ...
bill set for final passage in House today
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. ...
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. ...
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. ...
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. ...
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. ...
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.
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. ...
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. ...
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
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. ...
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 Countys Tobacco Free Coalition. ...
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. ...
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. ...
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 Centers 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. ...
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
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," ...
Policy Changed at Penn State Altoona (scroll down to view)
The Penn State Altoona campus has changed its smoking policy.
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. ...
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.
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.
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. ...
Moreland residents to be polled on smoking ban in township parks
Commissioners on Upper Morelands parks and recreation committee said theyll spend the next month polling residents on a proposal to partially or completely ban smoking in township parks.
smokers still issue at courthouse
of Pennsylvanians Finds Little Trust In Institutions to ...
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.
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
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.
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."
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.
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
Will Sign Pa. Smoking Ban Into Law Today
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.
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.
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.
Smoking Ban...Don't snuff out a second try