Public Smoking: Can Cities Legislate Against It?

Smoking bans are becoming increasingly common worldwide, with a growing number of countries, states, and cities enacting laws to protect citizens from the dangers of secondhand smoke. In the United States, for example, 28 states and hundreds of cities have implemented comprehensive smoke-free laws that cover workplaces, restaurants, and bars. These laws vary in scope, with some cities, like San Luis Obispo, banning smoking in all public buildings, parks, and outdoor recreational facilities, while others, like New York City, prohibit smoking and vaping in most workplaces and public spaces. The specifics of these laws depend on local and state governments, with some states preempting local governments from enacting stricter smoking bans than those at the state level. The effectiveness of smoke-free policies in reducing health risks and their lack of adverse economic impact on the hospitality industry has been well-documented, making them a popular choice for many communities.

The health risks of secondhand smoke

Many cities, states, and federal agencies have passed laws to make offices and public spaces smoke-free. For instance, in the United States, San Luis Obispo became the first city to ban smoking in all public buildings in 1990. In 2010, the city's municipal code amendment included city parks and outdoor recreational facilities as smoke-free areas. In California, smoking is banned in all enclosed workplaces, including bars and restaurants. Similar laws are in place in New York City, where the Smoke-Free Air Act (SFAA) prohibits smoking and the use of electronic cigarettes in most workplaces and public spaces.

These laws are in place to protect people from the harmful effects of secondhand smoke, which can cause serious health issues and even death. Here are some of the health risks associated with secondhand smoke:

Health Risks of Secondhand Smoke

Secondhand smoke, also known as environmental tobacco smoke, is a mixture of mainstream smoke (exhaled by a smoker) and sidestream smoke (from the lighted end of a cigarette, pipe, or cigar, or a hookah). Sidestream smoke has higher concentrations of nicotine and cancer-causing agents (carcinogens) than mainstream smoke. When you inhale secondhand smoke, you are exposed to the same harmful chemicals as the person smoking, including about 70 known carcinogens.

Cancer

Secondhand smoke is a known cause of lung cancer, even in people who have never smoked before. It has been linked to an increased risk of developing lung cancer by 20-30% in adults who do not smoke. It is estimated that secondhand smoke causes over 7,300 lung cancer deaths each year in the United States alone. Additionally, secondhand smoke has been linked to an increased risk of other cancers, including cancers of the larynx, nasopharynx, nasal sinuses, and breast.

Cardiovascular Disease

Secondhand smoke exposure has immediate harmful effects on the heart and blood vessels and can cause coronary heart disease and stroke in non-smokers. It increases the risk of developing and dying from heart disease and stroke. Even brief exposure can damage the lining of blood vessels and make blood platelets stickier, increasing the risk of a heart attack.

Respiratory Issues

Children exposed to secondhand smoke are at a higher risk of acute respiratory infections, such as pneumonia and bronchitis, middle ear disease, and more frequent and severe asthma attacks. They may also experience wheezing, coughing, and shortness of breath. Secondhand smoke can trigger asthma attacks, and severe attacks can be life-threatening.

Sudden Infant Death Syndrome (SIDS)

Secondhand smoke exposure has been linked to an increased risk of SIDS, the sudden and unexpected death of an infant in the first year of life. Infants exposed to secondhand smoke after birth, as well as newborns with mothers who were exposed during pregnancy, are at a higher risk of SIDS.

Other Health Risks

Secondhand smoke can also cause or worsen a range of other health issues in children and adults, including slowed lung growth and low birth weight in newborns. Additionally, particles from secondhand smoke can settle on surfaces and be absorbed, leading to what is known as thirdhand smoke exposure, which can also have harmful effects.

Smoke-free laws in indoor public spaces

In the United States, cities have the power to implement smoke-free laws in indoor public spaces. For example, San Luis Obispo became the first city in the world to ban smoking in all public buildings in 1990. In 2010, the city's municipal code amendment included city parks and outdoor recreational facilities as smoke-free areas. Similarly, in 2006, Santa Monica banned smoking within 20 feet (6.1 m) of public buildings, local parks, parking lots, beaches, and the Santa Monica Pier, except within designated zones.

New York City's Smoke-Free Air Act (SFAA) prohibits smoking and the use of electronic cigarettes (vaping) in most workplaces and public spaces, including indoor and outdoor dining areas, and within 20 feet of entrances, exits, or operable windows of a public building. The SFAA also requires the posting of "No Smoking" signs in any indoor space where smoking is prohibited.

Some states have laws that preempt local governments from enacting stricter smoking bans than the state. For example, in Connecticut, Florida, Montana, North Carolina, Oklahoma, Pennsylvania, Utah, Virginia, and Wisconsin, the state law takes precedence over local regulations. However, in other states, cities have enacted stricter local smoking bans. For instance, in California, the statewide smoking ban exempts certain areas, such as meeting and banquet rooms, retail tobacco shops, and private smokers' lounges. In contrast, the city of Calabasas, California, has the strictest smoking ban in the country, making smoking anywhere a non-smoker could congregate, including public sidewalks and apartment complexes, a misdemeanor punishable by a fine.

While progress has been made, there is still work to be done to protect individuals from secondhand smoke exposure. As of June 2024, 28 states have comprehensive smoke-free indoor air laws in both government and private worksites, while 35 states prohibit smoking in restaurants. The American Lung Association advocates for all 50 states to pass laws prohibiting smoking in all public places and workplaces to protect individuals from the harmful effects of secondhand smoke.

Smoke-free laws in outdoor public spaces

The dangers of second-hand smoke are well-documented, with the U.S. Surgeon General and public health agencies worldwide acknowledging the deadly effects on non-smokers. The evidence is clear that second-hand smoke causes serious diseases and premature death, with an estimated 19,600 deaths attributed to it in the U.S. each year. It contains over 7,000 chemicals, including hundreds of toxic ones, and at least 69 known carcinogens.

In recognition of this, many countries and cities have implemented smoke-free laws in outdoor public spaces. For example, in the U.S., 28 states, Washington, D.C., Puerto Rico, and the U.S. Virgin Islands, as well as hundreds of cities and counties, have enacted comprehensive smoke-free laws covering workplaces, restaurants, and bars. Additionally, at least 55 countries have comprehensive smoke-free laws, protecting nearly 1.5 billion people worldwide.

The specifics of these laws vary, but they generally aim to prohibit smoking in public places to protect people from exposure to second-hand smoke. For instance, the Smoke-Free Air Act (SFAA) in New York City prohibits smoking and the use of electronic cigarettes in most workplaces and public spaces, including parks, beaches, and pedestrian plazas. It also prohibits the use of smokeless tobacco in sports arenas and recreational areas. The SFAA requires the posting of clear and visible "No Smoking" signs in any indoor space where smoking is prohibited.

Some cities have taken additional measures to create smoke-free outdoor public spaces. For example, San Luis Obispo, California, became the first city in the world to ban smoking in all public buildings in 1990, and in 2010, the city's municipal code amendment included city parks and outdoor recreational facilities as smoke-free areas. Santa Barbara and Goleta, California, prohibit smoking within 30 feet of any building or area where smoking is prohibited, and ashtrays are also banned within this smoke-free zone.

While there has been significant progress in enacting smoke-free laws, there are still areas where more protection from second-hand smoke is needed. As of 2024, 22 states in the U.S. do not have comprehensive smoke-free indoor air laws covering all bars, restaurants, and worksites, leaving people in those states unprotected from the harmful effects of second-hand smoke in public places.

Smoke-free laws in workplaces

In the United States, 28 states and the District of Columbia have passed comprehensive smoke-free laws. However, progress has stalled, with no states approving comprehensive smoke-free workplace laws in the last 11 years. As a result, people in 22 states are still exposed to secondhand smoke in all public places and workplaces.

Despite this, many cities have implemented their own smoke-free laws in workplaces. For example, in California, smoking has been banned in all enclosed workplaces, including bars and restaurants, since 1995. In 2007, Independence banned smoking in all workplaces, including bars and restaurants, following a referendum. In 2011, Jefferson City also banned smoking in all enclosed workplaces after a public vote.

Some cities have taken a more comprehensive approach to smoke-free laws. San Luis Obispo, for instance, became the first city in the world to ban smoking in all public buildings in 1990. In 2010, the city's municipal code was amended to include city parks and outdoor recreational facilities as smoke-free areas. Santa Barbara and Goleta also have local laws that prohibit smoking within 30 feet of any building or area where smoking is prohibited, and ashtrays are banned within this smoke-free zone.

New York City has also implemented the Smoke-Free Air Act (SFAA), which prohibits smoking and the use of electronic cigarettes in most workplaces and public spaces. This includes areas near hospital entrances, parks, beaches, and pedestrian plazas. The SFAA also requires the posting of "No Smoking" signs in any indoor space where smoking is prohibited.

Even in communities without smoke-free laws, employers can adopt a smoke-free policy for the workplace to protect their employees and patrons from the harmful effects of secondhand smoke.

Smoke-free laws in restaurants and bars

The dangers of secondhand smoke have been well-documented, and the National Academy of Medicine has reported that smoke-free policies are effective at reducing the health risks to non-smokers. In recognition of this, many cities and states have implemented smoke-free laws in restaurants and bars.

In the United States, the authority to implement smoke-free laws varies between states and cities. While some states, like California, have a statewide smoking ban in all enclosed workplaces, including bars and restaurants, other states leave it to local governments to decide on the appropriate course of action. In Connecticut, Florida, Montana, North Carolina, Oklahoma, Pennsylvania, Utah, Virginia, and Wisconsin, state law prevents local governments from enacting stricter smoking bans than those at the state level. However, some cities and counties in these states have enacted local versions of the state's smoking ban.

At the city level, San Luis Obispo was the first city in the world to ban smoking in all public buildings in 1990. In 2010, the city's municipal code was amended to include city parks and outdoor recreational facilities as smoke-free areas. Other cities with smoke-free laws in restaurants and bars include Independence, Jefferson City, and Kansas City. New York City also has the Smoke-Free Air Act (SFAA), which prohibits smoking and the use of electronic cigarettes in most workplaces and public spaces, including all indoor and outdoor dining areas. The SFAA requires the posting of "No Smoking" signs to be clear and visible in any indoor space where smoking is not allowed.

While there has been progress toward making all 50 states smoke-free, as of June 30, 2024, only 28 states and the District of Columbia had passed comprehensive smoke-free laws. The American Lung Association believes that all 50 states should pass laws prohibiting smoking in all public places and workplaces, including restaurants, bars, and casinos, to protect individuals from secondhand smoke exposure.

Frequently asked questions