Six states and thirty municipalities have enacted strong smokefree workplace laws so far this year, and many more laws are still under consideration. These statewide public health victories were built on the foundation established by years of hard work at the local level. Most of these state laws include strong anti-preemption clauses which are key for maintaining the rights of local governments to enact stronger smokefree laws for their communities.
Maryland, Minnesota, New Mexico enacted strong 100% smokefree statewide laws that cover most workplaces, restaurants, and bars. New Mexico’s law takes effect on June 15, Minnesota’s “Freedom to Breathe Act” is effective on October 1, and Maryland’s law starts on February 1, 2008. In addition, Colorado strengthened its smokefree law by removing the exemption for casinos. All Colorado casinos are scheduled to go smokefree July 1, 2008.
Illinois also passed a strong law that is awaiting the Governor’s signature. Illinois is a great example of how perseverance and hard work can have a huge pay off. Prior to 2005, the state was preempted from passing local smokefree laws. After the repeal of Illinois’ preemption, over 50 strong local smokefree laws were passed. This massive success at the local level led to the passage of a strong statewide smokefree law which covers all indoor workplaces, including restaurants, bars, and casinos. The Illinois law is scheduled to take effect on January 1, 2008.
New Hampshire and Tennessee legislatures have passed smokefree legislation that contain exemptions. New Hampshire’s law will make all restaurants and bars smokefree, but exempts other workplaces like factories and offices. Tennessee’s law has an age exemption; establishments open to patrons 21 and older can permit smoking. Neither of these state laws repeal preemption, so cities’ hands are still tied on addressing loopholes.
Ten South Carolina communities enacted smokefree laws by mid-2007, including Charleston, although two trial courts have issued conflicting rulings as to whether local communities can enact such laws. Advocates successfully fought off one threat to pass a preemption bill in the State Legislature; other preemptive bills are still pending.
Virginia’s legislature considered a bill for 100% smokefree restaurants and bars, but it was severely weakened. When the legislature rejected Governor Kaine’s amendments to restore the bill’s effectiveness, he vetoed it, thus preventing enactment of a bad law.
Smokefree laws are still under consideration in Michigan, Oregon, Pennsylvania, and Wisconsin.
The good news is that more than 56% of the U.S. population is protected by a local or state law for workplaces, restaurants, or bars. While there is great momentum toward smokefree laws, only 24% are protected by a law that addresses all three categories. Many of the new strong smokefree laws unfortunately still leave some workers behind. Everyone should have the right to breathe clean air in the workplace.
Cynthia Hallet, MPH