Smoking Ban: One Year Later

It is one year ago today that the statewide smoking ban was enforced. Although it was a leap for anti-tobacco advocates, the Clean Indoor Air Act also included exceptions, most notably residential care facilities and up to half of total floor space in casinos.

Cindy Thomas, Executive Director of Tobacco Free Allegheny, says the transition has gone smoothly, but there work is not yet done. She says their ultimate goal is to shift cultural norms around tobacco, something that the state has not accomplished. Thomas says the group is always hopeful that the law could be strengthened to eliminate some exceptions, but she is not optimistic about that happening in the near future.

State Colleges have Outdoor Smoking Ban Lifted

A campus-wide smoking ban that was implemented at 14 state colleges last fall has been lifted. The ban was overturned after the Association of Pennsylvania State College and University Facilities challenged it two times, with the first being unsuccessful. This means the schools will return to the policies that were in place from last September. The Pennsylvania State System of Higher Education Spokesperson Kenn Marshall says the ban was only intended to follow the statewide policy, but groups have been working together to make everyone happy with a compromise. He says each campus individually will work with constituents to form an acceptable policy for smokers and nonsmokers alike.

Pennsylvania Clean Indoor Air Act Underway

In Allegheny County just under 400 bars have received exemptions from the Pennsylvania Clean Indoor Air Act. The bars receiving exemptions all meet the requirements for the first type of exemption under state law. Meaning, the bars receiving the exemption do not have more than a 20% gross sale of food. The 2ND exemption for bars have yet to be awarded completely. Even with the application deadline of mid September the 45 day application process is taking longer than expected. The 2ND exemption requires bars to have separate enclosed areas for the restaurant and bar. For the second exemption Allegheny County served as a pilot program for the conduction of inspections to certify the proper requirements needed for exemption. The state is now applying the process used in Allegheny County to exemption requests across the state.

Smoking Ban May Be Working As Intended.

The statewide smoking ban in Pennsylvania is not two months old and at least one organization thinks it is starting to work. Smoke Free Allegheny Executive Director Cindy Thomas says the state has already received some complaints and sent out warning letters. She says when Smoke Free Allegheny made a few spot checks at private club bingos to help with the education process, they found that the ashtrays were gone and the no smoking signs were posted. In Allegheny county 396 bars applied for an exception based on revenues for food 20-percent. 361 were approved by the state. Additionally 97 liquor licenses holders in the county applied under the type two exception which allows facilities with physically separate bar and restaurant facilities to obtain an exception for the bar area. Thomas says it looks like about two thirds will be approved by the state. She says Allegheny County was used as a pilot area for those exceptions. She says now that tobacco free has done the inspections and reported back to the state the department of health will move forward on inspecting the rest of the state.

State College Campuses Going Smoke-Free

The Pensnylvania State System for Higher Education is not taking any chances with the state's new smoking law. John Cavanaugh, chancellor of the fourteen state owned universities says they are abiding by the letter of the law and prohibiting smoking on all campuses, including outside buildings, at sports events and in parking lots. Some student smokers are protesting the restrictions, and spokesperson Kenn Marshall says there's always an adjustment period when new rules go into effect. He says he the state health department is responsible for enforcement and that they will focus on educating students about the new rules.

Smoking Ban Modifications to be Introduced

When the smoking ban goes into effect Thursday it will carry exemptions for bars that derive less than 20-percent of revenue from food, casinos and a list of other establishments. At the same time the law prohibits counties and municipalities other than Philadelphia from enacting tougher bans. State Representative Chelsa Wagner says she will introduce legislation to give Allegheny County 90 days to pass a tighter ban and Representative Dan Frankel says he will introduce a bill that would allow any local government to enforce tighter laws. He says he knows some bar owners will complain but the health of workers and residents outweighs the business interests. This summer the house did pass a law with fewer exemptions but it was scaled back in conference committee. Wagner and Frankel say they feel there is now the political will in both chambers to tighten some of those loopholes. Frankel says since the state failed in its duty to protect the health of Pennsylvanians local governments should be given the ability to do it right.

Hookah Study

A recent study at the University of Pittsburgh Medical School shows that Pitt students who try hookah smoking is as about as common as students who try cigarettes. However, it is not a safer alternative to cigarette smoking. University of Pittsburgh Professor Dr. Brian Primack says its aesthetic appeal, the social atmosphere, and the misconception that it is a safer practice all contribute to its popularity. However, Dr. Primack says hookah smoke produces more toxins than cigarette smoke. One study showed that one water pipe session produced 46 times more tar than one cigarette. Another consideration to this study is that people usually share a water pipe and smoke less frequently, while some cigarette smokers go through 20 cigarettes or more each day.

The statewide smoking ban to take affect next Thursday may make hookah bars even more popular, since these establishments can apply for exemptions. Traditional bars that do not rely on tobacco for revenue will not be able to apply for such an exemption.

County Council President Discusses Smoking Ban

Democrat Rich Fitzgerald says the new law is a good first step, but communities should be allowed to go further. The Allegheny County State Senate delegation got a commitment from legislators that the county will be allowed to re-instate restrictions passed last year but disallowed by the courts. Philadelphia is the only community now permitted to impose stricter standards, but Fitzgerald says all areas of the state should be treated the same way. Legislation extending the privilege should pass by the end of the year, he says.

On a long list of exemptions to the ban, the one that bothers him most is for casinos, where 25% of a facility can be "smoking"--or up to 50% if business suffers. The Allegheny County law treated casinos like other businesses, which is how Fitzgerald thinks it should be.

Councilman Disapproves of Committee-Passed Smoking Ban

Allegheny County Councilman Rich Fitzgerald agrees with State Senator Robert Mellow of Lackawanna County--that a smoking ban bill, passed by a House-Senate Conference Committee, is unfair to Allegheny County. The bill which was approved by 5-1 vote (Mellow being the only dissenting vote) banned smoking in most workplaces and public places, including restaurants and office buildings. The measure also grandfathered in the Philadelphia smoking ban which took effect in September 2006 on top of the state ban. Fitzgerald feels that it is unfair that Philadelphia can enact its own smoking ban, but Allegheny County cannot. Allegheny County's smoking ban was overturned in court last year.

Smoking ban get tweeked

Pennsylvania State Senator Robert Mellow of Lackawanna County will introduce legislation this week that would at least in part preserve local control when it comes to a statewide smoking ban. Local ordinances in several counties and municipalities including Allegheny County have been struck down as being unconstitutional. Under Mellow’s plan those municipalities would be allowed to re-approve those ordinances if the state institutes a statewide ban. The only exception would be if the state law is more restrictive than the municipal ordinance. Governor Ed Rendell continues to say he will veto any bill that would strike down Philadelphia’s smoking ban. He says he would like to see all local initiative rights preserved but he would consider the Mellow amendment if it gets to his desk because he feels it is important to get a smoking ban passed.

Committee Vote On Smoking Ban Postponed Again

Pennsylvanians will have to wait a little longer for a potential state-wide smoking ban, as the House-Senate conference committee's vote has been postponed until Monday. It was thought that the vote would be held at this morning's 9:00 public meeting. However, Republican Senator Charles McIlhinney of Bucks County recently obtained new information, and needs until Monday to compose his proposal. Senator Stewart Greenleaf of Montgomery County said that the idea is that all committee members will bring their own proposals to Monday's meeting and the committee will vote on them. He said the biggest issue of disparity within the committee remains exceptions to the smoking ban. Greenleaf, who supports a no-exception smoking ban, was optimistic that the committee will come to a decision on a bill on Monday. Today marks the third time action on the bill has been postponed. The House and Senate approved separate bills banning smoking in most public places, but the Senate version had several exceptions.