List of smoking bans in the United States

From Wikipedia, the free encyclopedia

The following is a list of smoking bans in the United States. Since the U.S. does not have federal smoking control legislation, the list shows state and local laws. Over 50% of Americans are covered by a smoke-free ordinance of some degree.[1] For other smoking bans and restrictions, see the worldwide list of smoking bans.

Contents

[edit] Bans in public places or bars/restaurants

  • Alabama
    • Birmingham
    • Citronelle, March 1, 2006 banned in workplaces, restaurants, bars, homes providing daycare, and city parks.
    • Cottonwood, banned in workplaces, bars, and restaurants.
    • Huntsville
    • Luverne, banned in workplaces, restaurants, and bars.
    • Madison, January 8, 2007 City Council voted to restrict smoking. Businesses have 60 days to comply. Similar to Huntsville ban, businesses can elect to be smoking or non-smoking. If smoking, no one under 19 can enter or work there.
    • Montgomery
    • Pell City, April 2006 banned in all restaurants, but exempts bars. Restaurants only allowed to have a smoking section that is completely physically separated, and have a separate ventilation system.
    • Trussville
  • Alaska
    • Anchorage, 2001 banned in most workplaces. Bars that don't serve food are exempt. A referendum to roll back Anchorage's ban to the original 2001 smoking ban ordinance on April 3, 2007 failed, and the Anchorage ban will extend to bars, fraternal clubs and bingo halls as of July 1, 2007. Private clubs will be exempt, when closed to the public. [1]
    • Bethel, 1998 banned in all public places.
    • Juneau, 2002 bans smoking in most public places, but stand-alone bars and some bar/restaurants are exempt until 2008.
    • Sitka, October 5, 2005, passed a non-comprehensive ordinance. The only exemptions are for stand alone bars and clubs. An interesting feature was that minors are not allowed where smoking is allowed. This caused the Elks Club to take the decision to ban smoking by a vote of their membership.
  • Arizona, effective May 1, 2007. 54.8% of voters approved the Smoke Free Arizona Act (Proposition 201), banning smoking in all bars, restaurants, and workplaces. The Arizona Department of Health Services is currently preparing to enforce the measure state-wide.
  • Arkansas, July 21, 2006 banned in almost all workplaces. Exceptions include establishments that do not allow patrons younger than 21; retail tobacco stores; long-term care facilities including nursing homes; gaming floors of operations regulated by the Arkansas Racing Commission; designated hotel smoking rooms; and workplaces with fewer than three employees.
  • California, 1994 banned in almost all workplaces (excepting tobacconists), including all restaurants, and in 1998 smoking was banned in bars. Additionally, California prohibits smoking within 20 feet of any door or window of any government building within the state, including buildings owned or occupied (e.g. leased) by any government entity, including public universities, or public buildings leased to private firms.[2]
    • San Luis Obispo, 2 August 1990 became the first city in the world to ban smoking in all public buildings
    • Calabasas, 2006 banned in all indoor and outdoor public places, except for a handful of scattered, designated outdoor smoking areas in town. Believed to be the strictest ban in the United States.
  • Colorado, statewide ban went into effect July 1, 2006, making Colorado the 13th state to pass a smoking ban. Colorado's ban exempts casinos, private homes and cigar bars. A group of bar owners tried to block the ban from taking effect in July, [2], fearing that casinos would have an unfair advantage over bars. Their request for a restraining order on the ban was denied by Judge Babcock, but the group is currently proceeding with a lawsuit against the statewide ban.
    • Boulder, 1995 banned indoors except for isolated rooms in bars and restaurants.
    • Superior, 2000, banned smoking in bars and restaurants, including patios.
    • Fort Collins, 2002, banned in workplaces including bars and near doors and windows.
    • Pueblo, 2003, banned smoking in bars and restaurants.
    • Greeley, 2003 banned smoking in bars and restaurants. Fort Collins and Boulder are generally regarded as "liberal" cities and Greeley was Colorado's first "conservative" city to enact the ban.
    • Eagle County, 2005, voters banned smoking in bars and restaurants.
  • Connecticut, 1 April 2004 banned in bars, restaurants, and workplaces with more than five employees. All 3 states bordering Connecticut (NY, Massachusetts, and Rhode Island) also have statewide bans on smoking in bars, restaurants, etc.
  • Delaware, November 2002 banned in all public buildings, including workplaces, bars, restaurants, and casinos.
  • District of Columbia City Council passed a ban on January 4, 2006 modeled closely on NYC's that went into effect on April 4, 2006 for restaurants (except bar areas). Bars, nightclubs, taverns and the bar areas of restaurants became smokefree in January 2007.
  • Florida, 1 July 2003 banned in all workplaces, except private homes, tobacco shops, designated rooms at motels and hotels, and stand alone bars with no more than 10% of revenue from food sales.
  • Georgia, 1 July 2005 banned in restaurants and bars that allow minors to enter, or employ minors.
  • Hawaii, Smoking ban in restaurants are enforced by Honolulu and Maui counties [3]. A smoking ban which will apply to county and state facilities, workplaces, and enclosed or partially enclosed public areas was signed into law on July 10, 2006 and will take effect on November 16, 2006.
  • Idaho, July 2004 banned in restaurants, retail stores, sports venues, child care centers, schools, and hospitals. Bowling alleys will be covered in the ban later this year, due to the legislature recently overriding the governor's veto on a bill extending the ban to bowling alleys. Exempts bars and private clubs.
  • Illinois The Illinois General Assembly is currently considering the Smoke Free Illinois Act, which would ban smoking in virtually all public places statewide, including bars and restaurants, subject to a few, narrow exemptions.[4][5]. On March 29, 2007, the Illinois Senate passed Senate Bill 500, which would create the Smoke Free Illinois Act. The companion bill in the Illinois House of Representatives remains pending. A vote on that bill is expected by late April 2007.
    • Bedford Park, June 1, 2006 banned in all public places.
    • Bloomington, January 1, 2007 banned in all indoor public places (including restaurants, bars, bowling alleys and pool halls), indoor places of employment, and outdoors within 15 feet of the primary public entrance to an indoor area where smoking is prohibited. Exempts tobacco shops closed to minors, certain nursing home rooms, a limited number of designated smoking rooms in hotels, and private clubs only when closed to the public. Establishments with liquor licenses are given a two to six-month extension while constructing an approved outdoor smoking area. There is also a special exemption for one enclosed smoking room with negative-pressure ventilation system, outdoor exhaust, and located within a TSA-secured area; this is intended for passengers at the Central Illinois Regional Airport that have passed through security.
    • Buffalo Grove, October 1, 2006 banned in all public places.
    • Burr Ridge, July 10, 2006 banned in all public places.
    • Champaign, January 31, 2007 banned indoors in most retail businesses, including bars and restaurants, and in private clubs licensed to sell food or alcohol. Businesses in the service industry (lawyers, financial consultants, etc.) are exempt and may choose whether or not to allow smoking. [6]
    • Chicago, January 16, 2006 banned in all public indoor places. Effective January 16, 2006, the ban prohibits smoking at restaurants without bars, common areas in residential buildings, sports arenas, convention centers, stores, malls, train platforms and outdoors within 15 feet (4.6 m) of any public building entrance. But bars, taverns, and restaurants with bars do not have to comply with the ban until July 1, 2008, or they must implement an air-filtration system that will allow the indoor air with smokers to be of the same quality as the outdoor air. However, the Commissioners of the City of Chicago Departments of Public Health and Environment have adopted regulations enforcing the Chicago Clean Indoor Air Ordinance of 2005 stating that "no existing engineering approach or technology is capable of reducing the concentration of the constituents of environmental tobacco smoke (ETS) to levels that will eliminate health risks or to levels found in ambient air in spaces where no smoking occurs." Accordingly, those regulations further provide that "No public place or place of employment subject to [the Clean Indoor Air Ordinance of 2005] shall be exempt from the smoking prohibition by claiming that such regulated area has been equipped with air filtration or purification device or similar technology that can render the exposure to secondhand smoke in such regulated area equivalent to such exposure to secondhand smoke in the ambient outdoor air." [7]
    • Cook County, March 2007. Effective in Cook County, except for municipalities with its own bans, indoor smoking is banned in all public places except for private clubs and nursing homes. Municipalities can opt out and enact less restrictive bans that allow for smoking in restaurants and bars, as is the case with certain suburbs such as Lansing, Rosemont, and Wheeling, where smoking in restaurants and bars is still allowed.
    • Deerfield, March 1, 2006. banned in all public places, including parks and other outdoor assemblies.
    • DeKalb, banned in all indoor public places, and was phased in for all restaurants on September 1, 2006. Ban will later be phased in for bars starting September 1, 2007.
    • Elk Grove Village, January 1, 2007 banned in all public places.
    • Evanston, July 1, 2006 banned in all public places. Exempts private clubs.
    • Highland Park, June 1, 2005 banned in all public places.
    • Hinsdale, July 1, 2006 banned in all public places.
    • Libertyville, October 1, 2006 banned in all public places, including restaurants and bars. Also banned in recreational facilities, outdoor venues, and outdoor patio areas.
    • Lincolnshire, August 1, 2006 banned in all public places except enclosed bar areas and separated and ventilated dining areas of restaurants.
    • Lindenhurst, November 16, 2006 banned in all public places, including outdoor patios.
    • Normal, January 1, 2007 banned in all restaurants, bars, and during outdoor assemblies. Exempts outdoor patio areas in bars and restaurants further than 15 feet (4.6 m) from the entrance to a smoke-free building, parks, and private clubs.
    • Oak Park, July 1, 2006 banned in all public places. Separate floors of restaurants exempt until March 1, 2007.
    • Park Ridge, August 1, 2006 banned in all public places. Bars exempt until September 11, 2006.
    • Skokie, August 7, 2003 banned in all public areas and places of employment, except for stand-alone bars, isolated bar areas of restaurants with separate HVAC systems, tobacco stores and bowling alleys. Restaurants with bars were given one year from adoption to complete any changes required to comply with the ordinance. To allow smoking, restaurants with bars are required to have at least 50% of the establishment be smoke-free, and the smoking area must have a wall or barrier and a separate HVAC system.
    • Springfield, September 17, 2006 banned in indoor workplaces, including restaurants, bars, bowling alleys and private clubs. Exemptions include retail tobacco stores, some nursing home rooms, stage productions, hotel rooms and private homes not used for child or adult day care. A similar ban for unincorporated areas of surrounding Sangamon County took effect the same day.
    • Urbana, August 1, 2006 banned in all public places. Bars exempt until January 1, 2007.
    • Vernon Hills, October 1, 2006 banned in all public places, except parks and outdoor dining areas at least 15 feet (4.6 m) from entrances.
    • Wilmette, July 1, 2004 banned in all public areas and places of employment.
  • Indiana
    • Allen County, 2007 banned in all places, except for bars, and any establishments prohibiting minors under 21 from entering. Similar to the Cook County smoking ban, municipalities are allowed to opt out of it, such as what New Haven decided to do.
    • Avon, September 1, 2006, banned in all public places except bars.
    • Bloomington, January 1, 2005 banned in public buildings including outdoor dining areas. Smoking is allowed only outside at a "reasonable distance" from doors, vents, and windows - measured by whether smoke can drift inside. Also banned in bars and private clubs as of 2005.
    • Carmel, March 5, 2006 banned in all workplaces, enclosed areas and common-use areas (i.e. restrooms, lobbies, etc.), nursing homes and retirement facilities, condos, and restaurants. Exempts bars that don't employ or serve people under 21, tobacco stores and bars, private vehicles, private and fraternal clubs, and hotel/motel rooms, providing that 20% or fewer rooms are designated for smoking.
    • Columbus, February 1, 2006, banned in all public places, except bars and private clubs.
    • Delaware County
    • Evansville, January 2, 2007 banned in most public places, except in establishments with physically separated smoking rooms prohibiting minors under 18.
    • Fort Wayne, banned in January 1999 in all restaurants, except in separate, fully enclosed area(s) within a restaurant with a ventilation system. Exempted bars and bowling alleys. Effective June 1, 2007, Fort Wayne's ban will expand to include all restaurants, bars, and private clubs. It will except retail tobacco stores, and hotel rooms that are specifically designated for smoking. [8]
    • Franklin, August 1, 2006 banned in all public places, except bars and private clubs.
    • Greenfield, March 1, 2006 banned in all public places, but exempts bars.
    • Greenwood, April 22, 2006 banned in all places, except bars.
    • Indianapolis, March 1, 2006 banned in all workplaces, day-care facilities, sports arenas, and restaurants and bars serving or employing minors younger than 18. Exempts bowling alleys, tobacco bars, tobacco stores, and private clubs.
    • Jeffersonville, June 15, 2006 banned in almost all public places, including restaurants. Exempts bars and private clubs.
    • Kokomo, October 6, 2006 banned in all public places and workplaces, except bars, private clubs, nursing homes, and any establishments serving alcohol and not serving patrons under 21.
    • Lawrence, July 1, 2006 banned in all places except bars.
    • Madison,
    • Morgan County, January 1, 2005 banned in all restaurants, except ones that have separate smoking rooms.
    • Muncie, July 15, 2006 banned smoking in restaurants and bowling alleys, except those with attached bars that were closed off from the rest of the building. Exceptions were also made for bars and taverns.
    • Plainfield, February 1, 2007 banned in workplaces, restaurants, and bars. Exempts private clubs and nursing homes.
    • Seymour, July 30, 2006 banned in public places except bars and private clubs.
    • Shelbyville, August 1, 2006 banned in all public places, but exempts bars.
    • Speedway, September 1, 2006 banned in all indoor public places except bars.
    • Valparaiso, April 1, 2007, banned in all places except bars and private clubs.
    • Vanderburgh County
    • West Lafayette, July 1, 2007 banned in all workplaces except homes, some hotel rooms, retail tobacco stores, tobacco bars, private clubs and outdoor areas in the city, including Purdue University's main campus.
    • Zionsville, August 10, 2006 banned in all indoor public places, including workplaces, restaurants, bars. Also banned in private clubs, like Bloomington's ban.
  • Iowa
    • Ames Banned smoking in most public places other than bars, bowling alleys, truck stops, and restaurants (after 8:30 p.m.). The state supreme court ruled that municipalities did not have the authority to pass such bans thus invalidating the city's ordinance. Due to an aggressive grass roots movement, though, over 95% of restaurants are completely smoke-free.
  • Kansas
    • Abilene, August 29, 2005, banned in all workplaces, except bars and bowling alleys.
    • Fairway, January 1, 2006, banned in all public places.
    • Garden City, January 8, 2007 banned in all restaurants and bars, and private clubs. Exempts private offices.
    • Lawrence, July 1, 2004 began a ban on smoking in "all enclosed public places" within the city.
    • Leawood, January 2, 2008, was the 2nd Kansas City area municipality to agree to the KRHA model smoking ban ordinance, similar to the ban passed in Overland Park. It bans smoking in all places, except for outdoor patio areas of restaurants.
    • Olathe, November 16, 2006 banned in all public places, including restaurants, bars, and workplaces. Private clubs and fraternal clubs exempt.
    • Overland Park, January 2, 2008, banned in all workplaces, including restaurants and bars, private clubs, and bowling alleys. Exempts outdoor patio areas of restaurants. First Kansas City area municipality that voted in favor of the model smoking ban ordinance agreed to by Clean Air KC and the Kansas Restaurant and Hospitality Association(KRHA). The former smoking ordinance required smoking areas in restaurants that were built after 2000 to be ventilated and physically separated, and allowed for ventilated smoking rooms in office workplaces to be created, both which will no longer be allowed under the new ordinance.
    • Salina, 2002, banned in all restaurants between 5am and 9pm. Ban only applies to restaurants.
  • Kentucky
    • Ashland, October 1, 2006 Prohibits smoking in all enclosed public places and places of employment, as well as outdoor arenas, venues and patios and decks of restaurants.
    • Daviess County, January 1, 2006 banned in any public establishment open to children under 18. Exempts private businesses and bars.
    • Frankfort, July 25, 2006 banned in public buildings.
    • Georgetown, October 1, 2005 banned in most public buildings. Smoking is still allowed in some hotel rooms.
    • Letcher County, takes effect July 1, 2006 in all public buildings and restaurants. Exempts private clubs, private buildings.
    • Lexington, April 27, 2004 banned in public buildings.
    • Louisville, November 15, 2005 banned in all public buildings, except bars and taverns, restaurants with profits from bar sales at least 25%, Churchill Downs, and with permission from the city.
    • Paducah, April 1, 2007 banned in all workplaces, bars, and restaurants.
  • Louisiana, SB 742 signed into law, banning smoking in all workplaces, restaurants, and other indoor public venues. It exempts bars and casinos, taking effect on January 1, 2007. [9]
    • Lafayette
    • Mandeville, June 10, 2005 banned in public places, workplaces, virtually all areas of public parks, and restaurants without a liquor license. Exempts bars and any restaurants with a liquor license.
    • Shreveport, May 10, 2005 banned in public buildings, city parks, public areas, restaurants, and shopping malls and retail stores. Exempts bars and any businesses that sell alcohol.
    • Terrebonne Parish, January 12, 2006 banned in shopping centers and malls, adult, child-care, and health-care facilities, parish buildings, sports arenas, museums, retail stores, restaurants without a liquor license, and bus stops. Exempts restaurants and bars with liquor liceneses.
  • Maine, January 2004 banned in bars. Smoking has been banned in restaurants since 2000.
  • Maryland
    • Baltimore, City Council passed ban for bars and restaurants on February 26, 2007. Ban goes into effect on January 1, 2008. [10]
    • Charles County - banned in restaurants but not standalone bars since June 2006.[11] Its county seat, La Plata, has since passed an expanded ordinance going beyond the county's ban, extending the ban to town bars, in addition to restaurants.
    • Howard County - passed smoking ban on June 5, 2006. The ban went into effect in August 2006, but restaurants and bars with existing ventilated smoking areas will have until August 2007 to comply.
    • Montgomery County, July 1, 2003 - banned in all eating and drinking establishments. [12]
    • Prince George's County, December 23, 2005 (ban goes into effect 45 days after passage) banned in all bars and restaurants. private clubs are exempt.
    • Talbot County, April 2004 banned in all bars and restaurants. Exempts fraternal clubs.
  • Massachusetts, July 2004 banned in all workplaces, including restaurants and bars, except private clubs and cigar bars.
  • Minnesota, The Clean Indoor Air Act was enacted in 1975 and bans smoking in all workplaces not frequented by the general public. In 2007, the state legislature is considering the Freedom to Breathe Act, which would ban smoking in all restaurants and bars, and also in other workplaces, subject to some exceptions. [13]
    • Beltrami County: Smoking is prohibited in restaurants and bars, including 10 feet (3 m) from entrances. Exemptions include smoking allowed in restaurants and bars between 8 p.m. and 3 a.m., in guest rooms of hotels and motel, in rented or leases cabins or resorts, and dormitory rooms, all of which expires on January 1, 2007. Effective date January 1, 2005.
    • Cloquet: Smoking prohibited in restaurants. Exempts bars, and bar/restaurants with separately ventilated, enclosed rooms, where no one under 18 is allowed. Also includes 5 feet (2 m) from entrances. Effective date September 7, 2001.
    • Duluth: Smoking prohibited in restaurants and restaurants with bars. Exempts restaurants and bars with separately ventilated, enclosed rooms, where no one under 18 is allowed. Effective date January 1, 2004.
    • Golden Valley: Smoking is prohibited in all restaurants and bars, including 25 feet (7.6 m) from all entrances, and outdoor dinning areas. Also included public parks and recreational facilities. Effective date March 31, 2005.
    • Hennepin County (which includes Minneapolis), March 31, 2005 banned in public areas. As of January 3, 2006, this ban was rolled back after heavy lobbying by bar owners, excepting businesses that derive more than 50% of revenue from liquor sales.
      • Bloomington: Smoking is prohibited in all bars and restaurants, including 25 feet (7.6 m) from entrances and outdoor eating areas of restaurants. Exempts 50% of outdoor eating areas as designated for smoking area. Effective date July 19, 2004.
      • Duluth, 2002, banned in all places, except bars. Voters rejected extending Duluth's smoking ban to bars, in a 2004 referendum.
      • Minneapolis: Smoking banned in bars, restaurants, clubs, pool halls and bowling alleys. Smoking allowed on outdoor patios.
    • International Falls: Smoking is prohibited in all indoor areas of restaurants. Exempts restaurants with on sale liquor license which report more then 20% of sales from liquor, as well as separated areas of restaurants with on sale liquor license. Effective date November 11, 2005.
    • Mankato, July 1, 2006 prohibited in all restaurants and bars. There is a one year hardship clause for any businesses providing sales receipts of more than 15% loss for one year, from July 1, 2006 only till July 1, 2007, when all given exemptions expire.
    • McLeod County: Smoking is prohibited in restaurants and liquor establishments, including 10 feet from entrances. Exempts establishment with on sale liquor license that established prior to the date of adoption of this ordinance (establishments with seating capacity for fewer than 50 persons at a time that either serve no food or only pre-packaged food, like frozen pizza). Effective date August 1, 2006.
    • Meeker County: Smoking is prohibited in restaurants, bars, and private clubs. Temporary exemption to establishments with liquor license that will expire on July 31, 2007. Effective date August 1, 2007.
    • Moorhead: Smoking is prohibited in all restaurants. Exempts bars. Effective date December 15, 2004.
    • Moose Lake: This was the first city in Minnesota to prohibit smoking in restaurants. Exempts bars. Effective date August 1, 2000.
    • Olmsted County: Smoking is prohibited in restaurants. Exempts bars and restaurants with a separately enclosed bar, with separate ventilation system. Effective date January 1, 2002.
    • Ramsey County (which includes St. Paul), March 31, 2005 banned in public buildings, excepting businesses that derive more than 50% of revenue from liquor sales.
  • Mississippi Smoking was banned in all government buildings as of July 1, 2006. [14]
    • Hattiesburg: January 1, 2007, banned in all indoor public places, including bars, restaurants, and city buildings.
    • Starkville: banned in all indoor public places, including bars, restaurants, and city buildings. Smoking is also prohibited in certain outdoor areas.
    • Starkville: May 20, 2006, banned in all indoor public places, including bars, restaurants, and city buildings. Smoking is also prohibited in certain outdoor areas.
    • Tupelo: October 2006, banned in all indoor public places, including restaurants and bars.
  • Missouri
    • Ballwin, March 11, 2005, banned in public places, workplaces, and restaurants without liquor licenses. Took effect for bars and restaurants with liquor licenses on January 2, 2006.
    • Columbia, January 9, 2007, banned in public places, including bars and restaurants.
    • Maryville, banned in restaurants. Exempts all bars, and exempts restaurants that get 50% or more of their sales from alcohol.
  • Montana, 1 October 2005, banned in all public buildings, including workplaces and restaurants. Bars, casinos, night clubs, and cocktail lounges that get 60% or more of their income from alcohol or gambling are exempt from the ban until October 1, 2009.
  • Nebraska
    • Lincoln, January 1, 2005, banned in public buildings, except outdoor dining areas and designated hotel rooms.
    • Omaha, October 1, 2006, banned in all workplaces. A five-year sunset clause (until May 2011) exempts bars that don't serve food, keno parlors, and tobacco-only shops. Pending lawsuit in city may eliminate the clause. Pending statewide legislation may mirror Lincoln's ordinance, overriding Omaha exemptions.
  • New Hampshire, all local bans are currently on hold, due to a state supreme court decision.
    • Colebrook, banned in restaurants.
    • Keene, February 4, 2002 banned in restaurants and bars, except in bars with separated ventilation systems.
  • New Jersey, April 15, 2006, banned in bars, restaurants, bowling alleys, etc. Exceptions in NJ: cigar lounges, tobacco retailers, and on the gaming floors in Atlantic City casinos (an compromise smoking ban on casino floors goes into effect April 15, 2007). This ban was signed into law on January 15, 2006. New Jersey's smoking ban thus connected a stretch of coastal Northeast states with bans against smoking in bars and restaurants, spanning from Delaware to Massachusetts.
    • Atlantic City, April 15, 2007, Atlantic City took advantage of a loophole that allows local jurisdictions to enact a tougher smoking ban than the state. A compromise smoking ban proposal was passed, instead of a total ban originally proposed for casino floors, prohibiting smoking in 75% of gaming floors, and requiring any gaming areas allowing smoking to be no greater than 25% of the overall gaming floor. It also requires any gaming areas allowing smoking to be physically separated and ventilated from non-smoking gaming areas, and for permanent seperation of such areas to be in place by the end of 2007.
  • New Mexico, March 13, 2007 Going into effect June 15, 2007, the law bans smoking in virtually all indoor workplaces, as well as the entrances to those buildings. There are exemptions for casinos, bingo halls, private clubs, cigar bars, private residences not used for child care or adult health care, tobacco stores and manufacturers, limousines for private hire, enclosed areas in bars and restaurants used for private functions and sole-proprietor businesses with fewer than two employees. The law also prohibits smoking near the entrances, windows and ventilation systems. Employers will be required to adopt, implement and post a written smoking policy. Penalties are $100 for a first violation, $200 for a second violation within 12 months and $500 for the third and subsequent violations.
  • New York, July 2003 banned in all workplaces, bars, restaurants, bowling alleys, pool halls, and company cars, except Indian casinos and "cigar bars".
    • New York City, March, 2003 - banned smoking in all restaurants, food-service establishments, and bars.
  • Ohio, On November 7, 2006 58.52% of voters approved Smoke Free Ohio (Issue 5), which bans smoking in all restaurants, bars, enclosed public places and workplaces. As this ban is a state law, it superseded any local or county smoking ban previously in force when it came into effect on December 7, 2006. However, it is unenforceable at this time as the rules have not been solidified and is currently under review at the state level. Recently added exemptions to Issue 5 include private truckers, whose private cab areas fell under the sketchy wording of a "working environment" and through heated protest acquired an exemption. There also is much protest from private fraternal lodge organizations due to the sketchy wording of the law and promises of Smoke Free Ohio that private lodges would be exempt, when it was found that they were not. There is also much non-compliance statewide due to economic losses associated with privately owned bars that found the potential for a fine was a small price to pay looking at the alternative of losing their businesses entirely.
    • Centerville, 4 April 2005 bans all smoking in enclosed public places and places of employment. Smoking allowed in establishments having 55% or greater of their gross sales come from alcoholic beverages. Bowling alleys established before 4 April 2005, tobacco shops, and family owned and operated businesses exempt.
    • Columbus, 26 September 2005 bans all smoking in enclosed public places or places of employment. Exceptions include tobacco shops, private clubs, and 20 percent of hotel rooms.
    • Marble Cliff, banned in workplaces, restaurants, and bars.
    • Summit County, February 2006 smoking ban being adopted with a number of exemptions -- smoke shops, 20 percent of hotel rooms, bowling alleys, private clubs and racetracks. Akron's less-restrictive Clean Indoor Air Ordinance, on the books since 1990, prevails in the city. It allows smoking in bars, bowling alleys, bingo halls, restaurants, banquet halls, hotels and tobacco stores. Because the two laws conflict, enforcement is being delayed indefinitely.
  • Oklahoma
    • Smoking is illegal inside and within 25 ft (7.6 m) of all State-owned buildings, including courthouses, municipal buildings and public education facilities.
    • Smoking is banned in any indoor workplace - including restaurants and hotels - unless a separate ventilation system under negative pressure is installed for ventilating the smoking area. Some exceptions are built into the statute.[3]
  • Oregon
    • Corvallis, August 1997 banned in all businesses and public buildings, including within 3 meters (10 ft) of entrances.
    • Eugene, July 2001 banned in all public areas, including bars, restaurants, and venues. [15]
    • Multnomah County, July 1, 2000 banned in workplaces, except bars, truck stops, and private residences. [16]
    • Portland, September 2005 The local mass transit agency Tri-Met prohibits smoking within all bus shelters, transit centers, and most MAX train stations. This rule is enforceable by a fine, exclusion, or arrest.
  • Pennsylvania
    • Allegheny County, including the city of Pittsburgh, January 2, 2007; for restaurants and most bars, other than ones that make 90% or more revenue from alcohol sales: May 1, 2007 (expected), pending judgment on a lawsuit
    • Erie County, March 15, 2007 banned in all workplaces, including rsetaurants and bars within Erie County. The ban was recently ruled as invalid by a judge's ruling in early March, due to a state preemption law of smoking in all communities other than Pennsylvania cities of large size, and will not take effect. [17]
    • Philadelphia, January 8, 2007, a ban on smoking in almost all workplaces, including restaurants, and in any bars that don't have at least 90% alcohol sales.
    • Scranton, January 7, 2007, Smoking banned in almost all workplaces, including restaurants and most bars.
  • Puerto Rico
  • Rhode Island, 1 March 2005 banned in almost all indoor workplaces, except some gambling facilities.
  • South Carolina
    • Beaufort County, banned in all workplaces, including restaurants and bars, within unincorporated areas of Beaufort County. January 10, 2007. [19]
    • Bluffton, banned in all workplaces, including restaurants and bars. January 10, 2007. [20]
    • Charleston, July 2007, prohibited in all restaurants, bars, and workplaces.
    • Columbia, January 9, 2007, banned in all workplaces, except for bars where 85% of revenue comes from the sale of alcohol. [21]
    • Greenville, January 1, 2007, banned in all workplaces, restaurants, and bars. A recent court ruling earlier this month has ruled Greenville's smoking ban to be in violation of a state preemption law, and invalid. [22]
    • Hilton Head Island, Indoor smoking ban in restaurants, bars, and public places will take effect May 1, 2007.[23]
    • Sullivan's Island, effective July 20, 2006, a ban on smoking in workplaces, including restaurants and bars. Upheld by the Charleston County Court of Common Pleas on December 20, 2006. [24]
  • South Dakota, 2002 banned in all office workplaces, and restaurants that don't have a liquor license. Smoking also banned in all government buildings, per an executive order by Governor Mike Rounds in 2006. Gambling and casino facilities, bars, and any restaurant that has a liquor license are exempt from the ban.
    • Sioux Falls 2003 closed the loophole allowing restaurants to obtain a liquor license, without intention to use it, to keep their smoking sections of their restaurants. Restaurants that have liquor licenses must have liquor on their menu and available to customers.
  • Texas
    • Abilene, January 3, 2007 voter-approved smoking ban took effect, banning smoking in all restaurants, bars, and workplaces.
    • Alvin, 2002 banned in restaurants. Bars and taverns exempt.
    • Arlington, January 1, 2007. Ban includes all restaurants and clubs as well as outdoor areas within 50 feet of entrance or exit of establishment.
    • Austin, September 1, 2005 ban extended to all bars and clubs. Smoking is still allowed in bingo halls, fraternities, hotel rooms, and nursing homes. The ban was approved by only 52% of voters.
    • Beaumont, ban takes effect August 1, 2006 in all enclosed public places, including workplaces, restaurants, and bars.
    • Benbrook, effective November 1, 2006. Ban includes all public buildings and within 25 feet (7.6 m) of entrance or exit of same. For the purposes of this ordinance, 'public building' includes home offices, regardless of access to public, as well as storage buildings, detached garages, or any other building on residential site or other place in the city. Ban includes allowing a person to smoke.
    • Carrollton, banned in restaurants.
    • Dallas, March 1, 2003 banned in all restaurants, bowling alleys, and city-owned facilities. Bars are exempt and hotels can offer smoking rooms. Private clubs are still subject to these regulations.
    • El Paso, January 2, 2002 banned in all workplaces, bingo halls, restaurants, bars, and public areas and waiting rooms of doctor's facilities.
    • Harlingen, April 2, 2005 banned in all public places except bars, nightclubs, and at Valley Race Park, a local dog track.
    • Houston, September 5, 2005 banned in restaurants, but excludes bar areas inside restaurants and bars/taverns. Ban extended to bars and restaurant bar areas in September 2007.
    • Laredo, October 2006 banned in all public places, workplaces, restaurants, and bars. Recently amended to exempt establishments that prohibit minors under 21 from entering.
    • Lubbock, July 22, 2004 banned in all public places, except for any smoking areas in restaurants or bars that are completely walled off from the rest of the building, and have a separate ventilation system. Bingo halls and designated hotel smoking rooms exempt.
    • New Braunfels, banned in most indoor public places, including restaurants. Private clubs and stand-alone bars exempt.
    • Odessa, banned in restaurants, except for any smoking areas in restaurants that are completely walled off from the rest of the building, and have a separate ventilation system.
    • Plano, banned in restaurants.
    • Robinson, banned in all public places. Exempts bars.
    • Rollingwood, banned in restaurants and bars.
    • Round Rock, banned in workplaces and restaurants. Bars are exempt.
    • Schertz, 2001 banned in restaurants, except if restaurant bar sales account for greater than 25% of a restaurant's business. Bars exempt.
    • West Lake Hills, smoking banned in public places.
    • Woodway, banned in restaurants, bars, and workplaces.
  • Utah, in 2006 Utah became the 12th state in the country to ban smoking in bars. On March 1, 2006, the Utah State Legislature passed amendments to the 1995 Utah Indoor Clean Air Act that will fully ban smoking in bars and taverns by January 1, 2009. The revised smoking ban originally banned smoking in private clubs as of January 1, 2007, but a bill passed earlier this year that will now start the ban for private clubs in Utah 2 years later, and on the same day as when bars go nonsmoking. The new amendments will also restrict smoking from day cares; private schools; social, fraternal and religious organizations; and even workplace smoking areas. The 1995 act already banned smoking in restaurants.
  • Vermont, September 1, 2005 banned lighted tobacco products in any indoor place of public access, including restaurants, bars and facilities owned or operated by a social, fraternal, or religious club. Vermont has banned smoking in restaurants since 1995, but the ban didn't cover bars until 2005.
  • Virginia, on March 26, 2007 Governor Tim Kaine made changes to a bill by House Majority Leader Morgan Griffith that would have required restaurants that allow smoking to post signs saying "Smoking Permitted" to ban smoking in all restaurants. He stated that he opposed a general ban on public smoking, but says he supports a ban on smoking in restaurants to “protect the health of both patrons and employees.”[4] Kaine's amendment ended up being rejected by the Virginia Legislature on April 4th, 2007, during the legislature's one-day veto session that day, and the governor plans to veto the bill, which returned to him in its original form. [25]
  • Washington, December 8, 2005 banned in all workplaces, including bars, restaurants, bowling alleys, non-tribal casinos, and bus stops. Also bans smoking while standing within 25 feet (7.6 m) of a door or window that can open or a ventilation intake, and even cigar bars aren't allowed to have smoking. Private property is excepted from this ban, and "smoking clubs" have opened that allow smoking. Currently it is the strictest smoking ban by state in the country.
  • West Virginia local smoking bans of varying degrees in place in all counties except Mingo County, Pocahontas County, and Monroe County. The bans have been set by county health departments. The "banning" began in 2001, starting with Kanawha County.
  • Wisconsin
    • Ashland, May 1, 2000 banned in restaurants. Exempts bars, and any restaurants with physically separated and ventilated smoking rooms.
    • Beloit, July 1, 2007 banned in all workplaces, and restaurants. Exempts gaming facilities, and taverns with 50% or greater alcohol sales.
    • Eau Claire, 2000, banned in all restaurants.
    • Janesville, 2002, banned in restaurants, except for physically separated and ventilated areas within a restaurant. Also exempts restaurants that have less than 50% food sales.
    • Kenosha, banned in all restaurants in 2000. Exemption is restaurants with completely separate rooms with a completely closed room separating smoking from non smoking.
    • Madison, June 21, 2005 banned in all workplaces, including bars, and restaurants. Cigar bars were originally covered in the ban, but are now exempt. Also exempts private clubs. [26]
    • Menominee, September 12, 2006 banned in all public places, except Native American ceremonies, bars, and restaurants with that make 50% or more of their sales from alcohol.
    • Shorewood Hills, 1995 banned in all restaurants, bars, and workplaces.
  • Wyoming
    • Cheyenne, August 15, 2006 banned in all public places, restaurants, bars, and private clubs.
    • Evanston, 2006, banned in all restaurants, bars, and workplaces.
    • Laramie, April 6, 2005 Smoking outlawed in all public places, including restaurants, bars and private clubs.

[edit] Outdoor smoking bans

This sign at a public park in Turlock, California prohibits smoking at or around an outdoor children's playground area. State law prohibits smoking within 25 feet (8 m) of such areas.
This sign at a public park in Turlock, California prohibits smoking at or around an outdoor children's playground area. State law prohibits smoking within 25 feet (8 m) of such areas.

[edit] Other bans

California has designated certain areas, such as all public schools and even prisons, as "tobacco-free" zones, where the possession of tobacco in any form (whether by students, parents, teachers, or others) is strictly prohibited indoors and outdoors. The sale and advertisement of tobacco is banned within 1000 feet (300 m) of educational facilities.

Similarly, Illinois law prohibits anyone from smoking on public school property (indoors and outdoors). In addition, smoking is prohibited in all college and university dormitories, as of 2006.

Several states ban smoking in all government buildings, such as Kentucky, Tennessee, South Dakota, Virginia, and Mississippi.

In addition, Maryland law bans smoking in all office workplaces.

In 1997, pursuant to Executive Order 13058[5] signed by former President William J. Clinton on August 9, 1997 smoking was prohibited in all interior spaces owned, rented or leased by the executive branch of the Federal Government and in any outdoor areas under executive branch control in front of air intake ducts.

[edit] Other restrictions

Many California communities have established smoke-free registries for private residential buildings, especially apartments. The policies may range from complexes where smoking is entirely prohibited (whether inside private dwellings or outside), or where certain sections of dwellings may be designated as smoking dwellings. While still a relatively new phenomenon, many California cities and communities such as Los Angeles have worked with the American Lung Association, which has been active in promoting anti-smoking policies in private residential buildings. Not surprisingly, such measures are somewhat controversial. While pro-smokers' rights groups have been vocal against such policies, most California cities allow landlords to place anti-smoking regulations at will because anti-smoking rules are in a context of landowners' private property. Also, anti-discrimination laws do not cover smokers, as smokers are not a protected class. According to the Los Angeles Daily News 82% of Californian apartment-dwellers favor smoking restrictions in their buildings.

In addition, many hospitals have enacted restrictive smoking bans throughout all outdoor areas of their campus in recent years, or enacted bans requiring smokers to stand as much as 50 feet away from buildings, causing much debate, and even condemnation from some non-smokers as being overzealous. An example that illustrates this controversy is a recent smoking ban enacted at the University of Missouri Hospital and Clinics in Columbia, MO. The hospital recently banned smoking as of September 2006 anywhere in or around the hospital, including in employee and patient vehicles - considered to be dangerous by some, since this forces some disabled to possibly have to cross a busy street to smoke while at the VA Hospital. Their official policy currently is to distribute flyers to patients saying that smoking is banned and detrimental to health, and take no further action. Some employees though, especially nurses and other staff, have reportedly done more than this, and fear it could lead to potential lawsuits, especially if patients are injured crossing the street to take a smoking break. In addition, staff there are required to tell patients that they must cross the street to smoke (and one nurse even reportedly assisted a patient across the street while holding their IV bag). Some people have suspected that actions like this may put nurses and staff at risk for lawsuits from patients, since the university's official policy is to do nothing more after informing patient's that the facility is non-smoking. http://www.muhealth.org/~center/pgsmoking.shtml http://www.townoflaplata.com

In New York, a law went into affect on 1 January 2007 that bans smoking on the property of hospitals and other health care facilities, inside and out. Smoking had already been banned indoors for years previous to this, and there were only a couple specified areas where smoking was allowed at all. Usually, this entailed a gazebo-like setting that was essentially walled off from the rest of the outdoors. Medical facilities that lacked the space for the necessary outdoor smoking facilities basically forced smokers off their property in the past in order to smoke and were not really affected by this latest law.

Companies like Seton Health in Troy, New York have taken this a step further and also included non-medical facilities that they rent or own in the ban as well. Departments that are not located in medical buildings (Ex: Finance) are also bound to the new regulations.

[edit] References

  1. ^ News release, Americans for Nonsmokers' Rights, December 6, 2006
  2. ^ Assembly Bill 846, September 2003
  3. ^ Fact Sheet: Oklahoma Laws on Secondhand Smoke (PDF). Retrieved on July 2, 2006.
  4. ^ Kaine amendment bans smoking in all restaurants. WDBJ7. Retrieved on March 27, 2007.
  5. ^ EXECUTIVE ORDER 13058, August 9, 1997

[edit] External links

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