Legal News...Smoking Bans...Fair or Not Fair, They are Becoming a National Reality





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Congratulations to Illinois!

Today, Illinois Governor Rod Blagojevich signed the statewide smokefree bill into law. The new law will take effect on January 1, 2008 and will make workplaces, including restaurants, bars and casinos, 100% smokefree. This was a long and steady fight for the dedicated advocates in Illinois and they are certainly enjoying their victory today! Illinois is the 22nd state to enact a law that makes all bars and restaurants 100% smokefree.

State Smokefree Laws in the U.S.
Many states have 100% smokefree provisions covering workplaces, restaurants, bars and even casinos; some have 100% smokefree restaurants and bars but still allow smoking in some (office or other) workplaces; and still other states have 100% smokefree restaurants only. In order to keep them all straight, we've included a list of states along with the 100% provisions covered by state law.
There are 23 states (plus the District of Columbia and Puerto Rico) with laws in effect that have 100% smokefree provisions for workplaces and/or restaurants and/or bars and/or gaming. Additionally, five state laws have been enacted that are not yet in effect* (including Illinois), bringing the total number of enacted state laws to 28.

1 Arizona: Workplaces, Restaurants, and Bars
2 California: Restaurants, Bars, and Gaming
3 Colorado: Restaurants, Bars (Gaming in 2008)
4 Connecticut: Restaurants and Bars
5 Delaware: Workplaces, Restaurants, Bars, Gaming
6 Florida: Workplaces, and Restaurants
7 Hawaii: Workplaces, Restaurants, and Bars
8 Idaho: Restaurants
9 Louisiana: Workplaces and Restaurants
10 Maine: Restaurants and Bars
11 Massachusetts: Workplaces, Restaurants, and Bars
12 Montana: Workplaces and Restaurants (+Bars and Gaming in 2009)
13 Nevada: Workplaces and Restaurants
14 New Mexico: Restaurants and Bars
15 New Jersey: Workplaces, Restaurants, and Bars
16 New York: Workplaces, Restaurants, and Bars
17 North Dakota: Workplaces
18 Ohio: Workplaces, Restaurants, and Bars
19 Rhode Island: Workplaces, Restaurants, and Bars
20 South Dakota: Workplaces
21 Utah: Workplaces and Restaurants (+Bars in 2009)
22 Vermont: Restaurants and Bars
23 Washington: Workplaces, Restaurants, and Bars


Enacted, not yet in effect:
24 *Illinois enacted a 100% smokefree workplace, restaurant, bar, and gaming law, which is scheduled to go into effect January 1, 2008.
25 *Maryland enacted a 100% smokefree workplace, restaurant, bar, gaming law, which is scheduled to go into effect February 2, 2008.
26 *Minnesota enacted a 100% smokefree restaurant, bar, gaming law, which is scheduled to go into effect October 1, 2007.
27 *New Hampshire enacted a 100% smokefree restaurant and bar law, which is scheduled to go into effect September 17, 2007.
28 *Oregon enacted a 100% smokefree workplace, restaurant, and bar law, which is scheduled to go into effect January 1, 2009.


The ANR Foundation is pleased to announce the July 2007 quarterly update to the lists and maps of U.S. municipalities and states with 100% smokefree laws now in effect. Dozens of additional localities from Olmsted County, MN to Hilton Head, SC are now represented since the last update.

2007 is still on track to be the biggest year ever for the smokefree movement! At midyear, every state has addressed secondhand smoke in the workplace by discussing, enacting, or implementing a strong state and/or local law that brings safe and healthy smokefree environments to workers. In just six months, the U.S. population coverage has jumped an astounding 8%; nearly 58% of U.S. population now lives in a city or state with a strong smokefree law, up from nearly 50% at the beginning of the year. Strong local laws continue to serve as the foundation to the smokefree movement, leading the way for statewide successes.

100% Smokefree means that the venues within a category (i.e. restaurants, workplaces, or bars) are smokefree in their entirety with no loopholes for ventilation, hours of operation, size exemptions, etc.

Brand New Smokefree Laws in effect since our last quarterly update on April 2, 2007:
Anchorage, AK
Temecula, CA
Hanover Park, IL
Westchester, IL
Allen County, IN+ (except those cities that choose to opt out)
Fort Wayne, IN
West Lafayette, IN
Louisville/Jefferson County, KY+
Madison County, KY+
Oldham County, KY+
Berrien County, MI+
Lenawee County, MI+
Carlton County, MN+
Hutchinson, MN
Olmsted County, MN+
Kirksville, MO
Atlantic City, NJ
New Hope, PA
Hilton Head Island, SC
Plano, TX
Southlake, TX
Beloit, WI
Upshur County, WV+


Strengthened Smokefree Laws since our last quarterly update on April 2, 2007: (by amending current law or by more of the law now being in effect): Gilbert, AZ
Bloomington, IL
Lake Forest, IL
Howard County, MD


+ Law pertains to both incorporated and unincorporated areas of county.

Four new state laws were enacted (passed by legislature and signed by governor) but are not yet in effect: Maryland enacted 100% smokefree workplace, restaurant, and bar law, which is scheduled to go into effect February 1, 2008. Minnesota enacted 100% smokefree restaurant and bar law, which is scheduled to go into effect October 1, 2007. New Hampshire enacted a 100% smokefree restaurant and bar law, which is scheduled to go into effect September 17, 2007. Oregon enacted a 100% smokefree workplace, restaurant, and bar law, which is scheduled to go into effect January 1, 2009.

Two new state laws are now in effect:
Arizona: Workplaces, Restaurants, and Bars
New Mexico: Restaurants and Bars


Altogether, as a result of both local and statewide smokefree laws, 8,466 municipalities now have 100% smokefree private workplaces/government buildings, and/or restaurants, and/or bars, protecting 57.5% of the U.S. population.

There are now 2,617 U.S. municipalities with some sort of local clean indoor air law, 619 of which provide 100% smokefree protection for private workplaces/government buildings, and/or restaurants, and/or bars. Twenty four states/commonwealths have strong laws now in effect that qualify for at least one of the 100% smokefree list categories. A total of 35 states and the District of Columbia now have 100% smokefree air laws at the local level.

A total of 217 municipalities have ordinances in effect that provide for 100% smokefree workplaces, restaurants, AND bars.

More specifically: 41.1% of the U.S. population now lives in cities or states with smokefree private workplaces/government buildings (non-restaurant/bar), 54.9% in areas with smokefree restaurants, and 43.2% in areas with smokefree freestanding bars. 26.2% are currently protected in all three categories.

Please note that these smokefree lists reflect only those laws that are in effect and that result in entirely smokefree enclosed workplaces (includes both public and private non-hospitality workplaces, including, but not limited to, offices, factories, and warehouses), restaurants (includes any attached bar in the restaurant), and/or bars, without exemptions. Laws that allow for separate ventilation, size exemptions, or smoking rooms are not included on the ANR Foundation 100% smokefree lists.

Governor Kulongoski Signs Smoking Ban Into Law

By Chris Lehman

SALEM, OR 2007-06-26 With a stroke of his pen, Governor Ted Kulongoski Tuesday made it against the law to smoke in all bars and restaurants in Oregon.

The ban leaves smoke shops and Indian casinos as the only indoor public places where smoking is allowed. The bill also creates a 10-foot smoke-free zone outside the doors of public places.

Democratic Senator Ginny Burdick of Portland called it a great day for public health in Oregon. Ginny Burdick: "We have 35,000 workers now who will be protected in their workplaces. People should not have to choose between their health and their job."

Smokers will have some time to adjust to the new rules. The ban doesn't take effect until January 2009.

A similar law has been in effect for over a year in Washington. Numbers published earlier this month by the state show an increase in revenue at bars and restaurants, and a decrease in profit at non-tribal casinos in Washington, where smoking is banned.

Diehard Smokers Ready To Fight Ban

Hardened smokers have said they are ready to go to court rather than obey the smoking ban in public places in England.

Illegal smokers will face finesEngland is now officially a smoke-free zone after the introduction of a ban making it illegal to light up in enclosed public places came into force at 6am on Sunday morning.

Tony Blows, landlord of The Dog Inn in Ewys Harold, near Hereford, and a member of pressure group Freedom2Choose said the legislation was based on a "pack of lies".

Freedom2Choose claims that many of its 3,000 members, including licensees and social club owners, could refuse to quit their habit in enclosed public areas.

The group launched a legal challenge on human rights grounds at the High Court on Friday in a attempt to "fight against injustice and erosion of freedom and personal liberties".

Mr Blows said: "I'm doing it for the simple reason that this is my home. My wife and I work 200 hours a week in this pub.

"It's private property and there's no way they can stop us doing it.

"As long as we abide by licensing laws we are not doing anything wrong.

"Pubs have been smoking for goodness knows how long and you just can't do that. It's been brought in on the back of a pack of lies - passive smoking. There's no proof whatsoever that second-hand smoking kills."

England is the final part of the UK to introduce a ban, after Wales and Northern Ireland in April and Scotland last March. The Irish Republic made the move three years ago.

Health Secretary Alan Johnson hailed the ban as a big step towards a healthier population.

He said: "Only by tackling the causes of illnesses will we be able to improve health inequalities and save lives."

Owners and managers of pubs, clubs and cafes are legally bound to enforce the ban, and face fines of up to £2,500 if they fail to do so.

Anyone caught smoking illegally will be given a fixed penalty notice of £50 - reduced to £30 if paid in 15 days - or fined up to £200 if they are prosecuted and convicted by a court.

One of the world's leading experts on the effect of tobacco has estimated the ban could prevent up to half a million deaths a year.

Professor Sir Richard Peto made the forecast based on the experience of the Irish Republic, where cigarette sales fell by around 17% after the ban was introduced.

A similar trend in England could lead to 1.5 million people quitting smoking, he explained.

Smoke free at midnight?
Anchorage bars will try to ease patrons into the new era

What: A ban on smoking in all public indoor spaces, including bars, bingo halls, VFW posts, licensed home day cares and outdoor sports arenas.

When: 12:01 a.m. Sunday – in other words, tonight. What if a business ignores the law? Guy on the bar stool beside you puffing away? Complain at service.muni.org/cs or 343-4200. The Department of Health and Human Services will send the business up to two warning letters, and if that fails, will dispatch a health inspector.

What’s the penalty? Light up indoors and face a fine of at least $100 and as high as $500. The business can be fined that too. Police won’t be out trolling for offenders, said Lt. Paul Honeman, APD spokesman. Sometimes cops wander through bars to check on things, and if they see someone smoking, they’ll probably give a warning to start with, Honeman said. Health inspectors won’t be out in force either, said DHHS director Beverly Wooley: “We have a limited staff, and we are really pretty much complaint driven.”

Where can you smoke outside? Walk at least 5 feet outside the bar’s entrance before lighting up. However, the law says a smoker must be a “reasonable distance” from any enclosed space. Translation: If second-hand smoke is wafting into a building, you need to back farther away.

There’s also no smoking within 20 feet of municipal buildings, or 50 feet of hospitals and medical centers.

Can you smoke on patios? Maybe. The ordinance seems to allow it but doesn’t say what qualifies as a patio or deck. So the health department will probably decide that on a case-by-case basis. Some bars, including Chilkoot Charlie’s, want a wintertime outdoor heated tent that will provide some shelter to smokers. “As long as no employees are exposed to second-hand smoke by serving in the tent,” said Laura “Star” Martin, a Koot’s spokeswoman. “We … are trying to find that common ground.”

What will happen tonight? At midnight tonight - as the nightlife scene hits its party peak - bartenders and bouncers will call for clear air and collect ash trays. At least, some of them will. In truth, how the ban comes down depends on the bar. Some will go smoke-free early. Others will wait until Sunday’s business day.

Here’s a sample of what some on the scene had to say:

We pull the ashtrays off the table and do an announcement that you can’t smoke anymore. I think it will be fine. It’s hard for me to say what’s going to happen. Different marketplaces have said there’s as much as a 25 percent drop-off in bingo so we’re just kind of waiting and seeing what’s going to happen.

- Erin Jackson-Hill, assistant to the owner at Tudor Road Bingo Center Casino

Because we’re slower earlier in the night, probably around 9 o’clock or 10 o’clock, we’re going to pull our ashtrays and let people know there’s no smoking as of that time. Because at midnight we’re going to be pretty packed. So we’ll just let people know at the door that as of right now, there’s no more smoking at the bar.

- Tony Lopez, general manager of the Avenue Bar

We’ll inform people (at midnight) that the smoking ban went into effect, and they have to step outside to smoke where there’s a new wooden bench and ashtrays. We’re not going to get heavy-handed the first night because this is a drastic change after 26 years at Darwin’s.

- Darwin Biwer, owner of Darwin’s Theory



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