and Community Laws
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Secondhand Smoke
and Community Laws |
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How (and why) to pass a local smoking law
And where to get help in doing it
How the tobacco industry fights back
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Perhaps, although not in California.
Smoking is the number one preventable cause of death in America today, with over 430,000 dying each year from tobacco-related causes. And another 53,000 non-smoking Americans die annually from inhaling other people's tobacco smoke. Breathing tobacco smoke can hurt anyone, but it is especially harmful to the elderly, the very young, and those with existing respiratory problems. Refraining from smoking during pregnancy and around children will give them a healthier start in life.
So if you're dining out, and you or someone else in the room is smoking, your health and that of your dinner companion is suffering.
But not here in California, where state law prohibits smoking in restaurants and almost all other workplaces. In addition, 281 California communities have passed their own local smoking restrictions. Hundreds of communities in other states have done likewise.
How (and why) to pass a local smoking law
Local smoking legislation helps make the indoor air safer in your town, but there are other benefits as well. Publicity during the public debate helps educate your community to the health hazards of secondhand smoke. The process brings people concerned about health together, and they may continue with other useful projects. And since many smokers sincerely want to quit, smoking restrictions can provide that additional incentive to kick the addiction.
People often ask, "Why can't the state or Federal government deal with this problem?" Good question. In fact, progress is being made on all levels of government. But the tobacco industry is extremely active in fighting clean air laws. Their hired lobbyists and massive campaign contributions are very effective in Congress and state legislatures. Your local elected officials, on the other hand, are more responsive to what the community wants.
Each community can enact the laws that its citizens are ready for. One town may be ready to ban smoking in all workplaces and indoor public places. Another may deal just with workplaces. Another may start with a prohibition on smoking in schools and hospitals, or tobacco advertising near schools. Experience shows that once a community sees that initial smoking restrictions don't cause problems, better protection for nonsmokers can be enacted.
Where to get help in passing a smoking law
There are many organizations involved in tobacco control, but one of the most effective in supporting local legislation is Americans for Nonsmokers' Rights. With over 22 years of experience in California and nationwide, ANR has developed a wealth of knowledge about tobacco legislation, and some helpful materials to get you started.
Here in Marin County, California, all twelve of our local jurisdictions have enacted strong smoking laws. In the process, we've learned a lot about doing local legislation, and, if you can stand our tongue-in-cheek humor, we'd be happy to share it with you.
How the tobacco industry fights back
The single most dangerous tactic used by the tobacco industry to fight local smoking laws is preemption. A state legislator sympathetic to the tobacco folks introduces a weak statewide smoking law which also prevents localities from adopting anything stronger. Or a good smoking bill can be hijacked, amended and weakened by the bad guys, sometimes at the last minute. Whenever the issue of smoking regulation is before the state legislature, it must be watched closely. Again, Americans for Nonsmokers' Rights tracks these issues closely and can be helpful.Links to other tobacco-related sites:
Walt Bilofsky has been a volunteer tobacco control advocate since 1974. He has been active in promoting the enactment of over 30 local smoking ordinances in Massachusetts and California. He was an officer of GASP of Massachusetts in 1975-76, a director of California GASP from 1978 to 1984, co-chair of the Smoke Free Marin Coalition since 1992, and served on the steering committee of the 1980 California statewide No Smoking Sections ballot initiative. He has been a director of Americans for Nonsmokers' Rights since its founding in 1982, and served as its president from 1987 to 1989.Back to Walt Bilofsky's Home Page