SmokeFree

Sixteen states have passed comprehensive smoke-free legislation that includes offices, restaurants, bars, bingo halls, bowling alleys, nightclubs, and public transportation: California (1998); Delaware (2002); New York (2003); Connecticut (2003); Maine (2004); Massachusetts (2004); Rhode Island (2004); Montana (2005); Vermont (2005); Washington (2005); New Jersey (2006); Utah (passed 18 March 2006, comes into force in stages by 2009); Colorado (2006); Hawaii (2006); Ohio (2006) and Arizona (passsed November 2006, comes into force on 1st May 2007). 

In addition to this, the territory of Puerto Rico has comprehensive smokefree legislation in place and the following 10 states have all introduced partial smokefree legislation: Arkansas, Florida, Georgia, Guam, Idaho, Louisiana, Maryland, Nevada, North Dakota and South Dakota.

The Smokefree Arizona Act was passed by voters in November 2006, it enters into force on 1st May 2007. Under the Act smoking is prohibited in most indoor public places. Smoking is permitted in private residences, designated rooms in hotels and motels, retail tobacco shops, outdoor patios, veteran and fraternal clubs (when not open to the public), as part of a theatrical performance or film and tv productions, as part of religious ceremonies practised pursuant to the the American Indian Relgion Freedom Act, 1978. Further information is available from: Smokefree Arizona (new window)

In Ohio's indoor smoking ban came into effect on 7th December 2006 after being passed by voters on 7th November. Smoking is not permitted in almost all public buildings and places of employment including bars, restaurants and company vehicles. Exemptions are provided for tobacco stores, designated hotel rooms, designated smoking ares in nursing homes, private hooms and vehicles and outdoor patios away from doors and air intake systems. Private clubs which are for members over 18, are non-profit, have no employees and are free standing structures and family businesses which only employ family members are also exempt. No smoking signs showing the free-phone number for reporting breaches must be displayed in smoke-free buildings. Enforcement rules are currently being drawn up and finalised. Further information including links to the legislation is available from the Ohio Department of Health (new window)

In Hawaii Gov. Linda Lingle signed a bill into law on 10th July to prohibit smoking in almost all enclosed or partially enclosed public places and workplaces including in a 20ft smoke-free zone around entrances, exits, windows and ventilation systems. Exemptions to the law include private residences, designated hotel rooms, retail tobacco stores, state correctional facilities and outdoor areas. The Smokefree Hawaii Law was implemented on 16th November 2006.

The Colorado Clean Indoor Air Act came into force on 1st July 2006. Smoking is not permitted in most indoor public places and within 15 feet of a main entryway. Exemptions are provided for: private homes and vehicles unless used for child care; private hire limousines: retail tobacco businesses; the retail floor plans of casinos; airport smoking lounges at Denver International Airport; workplaces with fewer than 3 employees and not accessed by the public; up to 25% of hotel/motel rooms and non-residential buildings on farms with a gross annual income of less than $500 000. Further information is available from: Smokefree Colorado (new window)

The Utah Indoor Clean Air Act was implemented on 1st January 1995. Exceptions were included for: buildings owned or operated by social or fraternal organisations; hotel and motel guest rooms, taverns, private clubs and enclosed smoking areas in passenger terminals of international airports. An exemption was also included for Native American ceremonies. Non-public workplaces were required to establish a written smoking policy by the 1st Febraury 1995 restricting smoking to designated smoking areas.

On the 18th March 2006 Governor Jon Huntsman signed the Amendments to the Indoor Clean Air Act. The Act remove the exemptions for taverns; private clubs; buildings owned or operated by social and fraternal organisations and certain non-public workplaces. From 1st May 2006 smoking will no longer be permitted in fraternal organizations and country clubs. All bars, taverns and private clubs will be smokefree by 2009. Further information is available from the Utah Tobacco Prevention and Control Program (new window)

New Jersey became the 11th State to enact comprehensive legislation prohibiting smoking in indoor public places and workplaces. Acting Governor Richard J. Codey signed the New Jersey Smokefree Air Act on 15th January 2006. The law came into force on 15th April 2006. The following places are exempt from the Act: casinos; cigar bars and lounges that generate 15% or more of their annual gross income from the on-site sale of tobacco products and humidor rentals; tobacco retail establishments; any tobacco business where the testing of a cigar or pipe tobacco is a necessary or integral part of manuafacturing, importing or distribution. Hotels can allocate 20% of guest rooms as smoking. Further information is available from the New Jersey Department of Health and Senior Services (new window)

The Montana Clean Indoor Air Act came into effect on 1st October 2005 prohibits the use of any tobacco products in all public schools and on school property, smoking is prohibited in most indoor public places. Hotel and motels can designate no more than 35% of rooms as smoking, sites used for American Indian cultural activities are exempt. Bars and casinos can apply for a temporary exemption which will expire on 30th September 2009. Further information is available from the Montana Department of Public Health and Human Services (new window)

On November 8, 2005, voters in Washington state overwhelmingly approved Initiative 901 - Clean Indoor Air Act. The law, which came into effect on 8th December 2005, prohibits smoking in all indoor establishments and prohibits smoking within 25ft of doorways, windows and ventilation ducts. Further information is available from the Washington Tobacco Prevention and Control Program (new window)

In January 2006 the District of Columbia Council voted 11-1 in favour of an amendment to the Department of Health Functions Clarification Act of 2001 to prohibit smoking in indoor public places. Bars, taverns and nightclubs were given until 1st January 2007 to become smoke-free. The following places will be exempt: cigar bars and retail tobacco shops; hotel rooms; theatrical performances, outdoor areas of restaurants and taverns; and medical treatment and research institutions where smoking is conducted for medical research or as an integral part of a smoking cessation program. The legislation came into effect on 3rd April 2006. Further information is available from the Department of Health (new window)

Additionally, in California at least nine seaside communities have adopted ordinances prohibiting smoking on their beaches, including Los Angeles, Laguna Beach, San Clemente, Santa Monica, Solana Beach, Malibu, Huntington Beach, Carpeteria, and Santa Cruz. Outdoor spaces owned and operated by the city such as parks, gardens and piers are also smokefree. On 17th March 2006 the city of Calabasas adopted an ordinance 2006-217 which bans smoking in outdoor spaces when other people are in the area. Prisons, the only state buildings left in California that still permitted smoking, all went smokefree on July 1, 2005. Assembly Bill 384 prohibits smoking of all tobacco products by prisoners, visitors and prison staff, including correctional officers, whether inside a building or in the yards used by inmates for exercise and recreation. The only exemptions are for the few staff residences on prison grounds, and for Native American religious ceremonies.

A number of US states have passed partial smokefree legislation that prohibits smoking in all enclosed premises except for certain hospitality sector premises.

The Arkansas Clean IndoorAir Act came into effect on 21st July 2006 and prohibits smoking in enclosed public and work places. Exceptions are provided for designated hotel rooms, workplaces with fewer than 3 employees and not accessed by the public, private residences, outdoor workplaces, restaurants and bars which prohibit entry and employment to under 21s, tobacco retail stores, tobacco manufacturers and wholesalers, designated smoking areas on the gaming floor of the Arkansas Racing Commission and designated smoking areas at long term care facilities. Detailed information is available from Breath Easy Arkansas (new window)

The Louisiana Smokefree Air Act was signed by Gov. Blanco on 30th June entered into force on 1st January 2007. Under the Act most indoor public places and workplaces, including restaurants, will be smokefree. The following places, amongst others, are exempt: stand-alone bars, casinos, private homes and automobiles unless being used for child care, limousines, designated hotel and motel rooms, retail tobacco business and tobacco manufacturing premises and long term care facilities. Further information is available from The Louisiana Campaign for Tobacco-Free Living. In Florida (2002) bars are exempt from legislation. In Idaho (2004) restaurants are classed as smokefree premises, but bars and bowling alleys are exempt.

In November 2006 Nevada voters passed the Nevada Clear Indoor Air Act ending smoking in most workplaces and indoor public places, including restaurants. However bars which do not serve food and gaming areas in casinos are exempt from the law which entered into force on 8th December 2006.

North Dakota’s indoor smoke-free legislation took effect on August 1, 2005. The bill prohibits smoking in most public places, including restaurants, bingo halls, local and state government buildings, livestock auction markets, shopping malls and stores, schools, theatres, coin laundries and most private buildings that are accessed by the public. The measure exempts some indoor workplaces, including bars, tobacco stores, motel rooms where smoking is allowed, and enclosed areas of truck stops where children are not permitted. Some small businesses are also exempt – a business operator may smoke within any area that is not normally accessed by the public, if he or she has no employees. The bill includes an exemption for traditional American spiritual or cultural ceremonies.

In Georgia, smokefree law came into effect on July 1, 2005. The new law prohibits smoking in most public buildings, including but not limited to auditoriums, cafeterias, classrooms, common work areas, conference rooms, elevators, employee lounges, hallways and stairs, medical facilities, meeting rooms and offices, rest rooms. Bar and restaurants are exempt if no one under age 18 is admitted onto the premises. Other exemptions include: private residences (unless used as a licensed child care, adult day care or health care facility); hotel and motel rooms designated for smokers; retail tobacco stores; all workplaces of any manufacturer, importer, or wholesaler, lead dealer or processor of tobacco products and tobacco storage facilities; private and semi-private rooms in health care facilities; designated areas in international airports; private clubs; military officer clubs and non-commissioned officer clubs. The state law allows for local governments, such as the City of Bainbridge, to have stricter smoking ordinances. Bainbridge’s ordinance, which took effect in 2004, prohibits smoking in all businesses and public areas.

In Michigan, ten counties and the city of Detroit have enactedclean indoor air laws, although bars and/or restaurants are exempt in some cases: Ingham; Genesse; Antrim; Washtenaw; Chippewa; Charlevoix; Emmet; Otsego; Marquette and Wayne County. In November 2005 Rep. John Moolenaar and Rep. Chris Ward introduced House Bill 5407 to the state House. Under this Bill smokers could receive a citation if caught smoking in a vehicle with under 18s present.

At least 13 Texas cities have smokefree restaurant laws, including Dallas, San Antonio, Arlington, Plano and Texarkana. El Paso has the strongest ordinance, which prohibits smoking in all public places. Corpus Christi passed smokefree restaurant legislation in December 2004, and the new law took effect from February 1, 2005. Under this law, smoking was prohibited in all restaurants, but still permitted in bars, defined as establishments that make 75 percent or more of their revenues from selling alcohol. However, the law was suspended on Friday March 18, after a sufficient number of valid signatures were submitted to place the smoking ordinance on an upcoming ballot. It is expected that the council will call for an election, and that citizens will vote on the issue on September 10, 2005. In March 2005, Houston City Council rejected a smoke-free law to prohibit smoking in all public places, but voted to prohibit smoking in restaurants and covered bus shelters. The measure, effective from September 2005, still permits smoking in restaurants, bars and stand-alone bars. Taxis can also prohibit smoking under the ordinance. The council has agreed to revisit the possibility of introducing a more comprehensive measure in 18 months time, after studying the public health and economic impacts of the current ordinance. In Austin, a smokefree ordinance has just been passed, and from September 1, 2005, all workplaces including bars, restaurants, bowling alleys and billiard halls became smokefree zones. Smoking is also be prohibited within 15 feet of any public building entrance. Exemptions have been granted for licensed tobacco retailers, nursing homes, bingo parlours and fraternal organisations and businesses that applied for smoking permits prior to November 2, 2004. Eight restaurants also fall under this exemption.

A number of additional states are currently considering introducing smokefree legislation, including Illinois, Maryland, Minnesota, Pennsylvania and Virginia.

Amendments to the Indoor Clean Air Act (new window)

New Jersey Smokefree Air Act (new window)

Initiative 901 - Clean Indoor Air Act (new window)

Amendment to the Department of Health Functions Clarification Act of 2001 (new window)

Comprehensive Secondhand Smoke Control Ordinance (new window)

Arkansas Clean IndoorAir Act (new window)

Smokefree Air Act (new window)

The Louisiana Campaign for Tobacco-Free Living (new window)