As long ago as 1964, when Los Angeles banned smoking on its public buses, smokers started finding their freedom to light up constricted in favor of the health and inhalation habits of the nonaddicted. Since then, in a haphazard application of new health codes and public safety measures, smoking has been banned in many hospitals, restaurants, workplaces and all domestic airline flights.
In California, almost 300 local ordinances now restrict smoking in some form. Of those, about 100 ban smoking altogether in offices or restaurants or both. Partial bans in other communities have relegated smokers to special rooms or left them to huddle and puff in stairwells or outside their buildings' entrances. Many rules call for voluntary compliance. Some carry fines of $50 to $500.
In Davis, outside Sacramento, it has been illegal to light a cigarette in an outdoor cafe, a bar or any restaurant since February 1993. As a result, the city is virtually smoke-free. Even the most dedicated smokers cannot light up outdoors without first stepping 20 paces from their offices' entrance to protect the innocent.
Mayor Lois Wolk says, "We don't have smoking police and we won't have smoking police," but one smoker who lit up at an outdoor cafe was hit with a $50 fine after a citizen complained. Other than that single case, said Mayor Wolk, the ordinance has been both cheered and widely accepted. It is, she says, a grass-roots thing.
This September, Washington will become the first state in the country with a general smoking ban in public and private offices. "Second-hand smoke is killing workers," explained Mark O. Brown, who ordered the ban as the director of the Department of Labor and Industries. "I don't want the body count to get higher on my watch."
The labor department is counting on voluntary compliance. But based on an employee's call or written complaint, the department will send inspectors to a workplace, and if a pattern of violations is found, the department can impose fines of several hundred to several thousand dollars. Employers can appeal the fines to Superior Court.
While labor officials are prepared to punish errant smoking in Washington, enforcement elsewhere varies, falling to the police in some places, to the fire department in others and simply to the consciences of smokers in others.
In most cases, transgressions are handled through peer pressure and the occasional loud complaint. Often, the formal complaint procedure is so cumbersome it is ignored.
In Chicago, a Clean Indoor Air Ordinance would expand a ban to any public space. But a citizen must send a detailed letter of complaint to the Chicago Department of Health, and department officials concede that enforcement is both hard, and hardly a priority.
In some cases, a merchant might ignore a ban to accommodate clients who smoke. After restaurateurs and patrons complained, Beverly Hills, Calif., rolled back a 1986 ban on restaurant smoking; now a restaurant must be 60 percent smoke-free.
But if a powerful Congressman from California has his way, there will soon be a nationwide restriction on smoking, with a system of enforcement.
On Tuesday, the House Subcommittee on Health and the Environment begins hearings on the Smoke-Free Environment Act, which is intended to bring national order out of this haze of conflicting regulations. Endorsed by a disparate group of backers that includes Carol M. Browner, the head of the Environmental Protection Agency, the American Medical Association and the National Council on Chain Restaurants, it proposes to ban smoking inside virtually every building in the country, except homes, that is regularly entered by 10 or more people a week.
Smoking within those buildings would be permitted only in rooms specially built to accommodate the habit and its fumes. The measure, sponsored by the subcommittee chairman, Henry A. Waxman, Democrat of California, is expected to be ferociously opposed by the tobacco industry.
Under the bill, the Federal courts can impose fines of up to $5,000 a day on the building's owner if a pattern of violations is shown to have occurred with the owner's consent. A citizen can begin such court action only after giving the owner a written complaint and 60 days to comply with smoking laws. No fines can be imposed for isolated violations, and the complainant is not entitled to damages. The bill would take effect a year after passage.
Well in advance of national legislation, smoking bans have moved to encompass everything from school grounds to coat closets.
At Rodale Press, a publisher of health and athletic magazines that accepts neither cigarette nor alcohol advertising, smokers and nonsmokers are given separate closets. There, smoking has been prohibited at the company's 13 buildings for about 20 years, and most smokers leave the grounds to light up. A reward system with prizes like sweatsuits or sweatshirts gives extra points to employees who do not smoke and live in nonsmoking households.
"Smokers come here and I think they recognize they are going to be in the minority," said Patrick S. Taylor, a company spokesman. "When you get world-class athletes running at lunch, championship bicyclists riding bikes, people walking all the time, a cafeteria full of nutritional food, I think you get the message through osmosis."
Some companies and school districts have taken a more punitive approach. In Washington State, smoking on school grounds was banned in 1990, and in Seattle, the punishment for a student caught smoking twice on school grounds is a day's suspension. Bans in Tobacco Country
Not surprisingly, smoking restrictions have been slowest to arrive in the South, where tobacco is grown, an above-average share of residents smoke and the tobacco lobby is entrenched and mighty. But the bans are on the way.
The tobacco lobby showed its power in Georgia last year when the House of Representatives passed a bill that would have deprived local governments of the ability to pass antismoking ordinances. That bill was killed by Lieut. Gov. Pierre Howard.
But a similar effort in North Carolina backfired. When the Legislature there passed a law overriding local ordinances on smoking, more than 50 local governments took advantage of loopholes to preserve their right to have smoking restrictions.
In Atlanta, where smoking was banned in most public places last April, lighting up is not allowed in most areas of the Hartsfield International Airport. But last year, Philip Morris Companies announced a plan to build smoking lounges there.
In Kentucky, the fight continues. "We are at the very end of this parade," said J. C. Compton, a spokeswoman for the Kentucky chapter of the American Cancer Society. A bill pending in the state Senate would require all buildings with smoking bans to provide a smoking area. But that bill, Ms. Compton said, has been heavily amended in favor of nonsmokers. "Even though Kentucky is thought of as a tobacco state and tobacco continues to be important to our economy, there are legislators who will stand up and do the right thing," she said.
Smokers do not always agree that the "right thing" as perceived by Ms. Compton is the right thing for them. The Post Office, for example, forbids workers to smoke anywhere on postal property.
"We greatly resent the plan," said Rose Clark, an information clerk in East Lansing, Mich. "But we are allowed to stand outside behind the building, slime that we are, and indulge our habit."Continue reading the main story
1. Smith KC, Wakefield MA, Terry-McElrath Y, Chaloupka FJ, Flay B, Johnston L, et al. Relation between newspaper coverage of tobacco issues and smoking attitudes and behaviour among American teens. Tob Control. 2008;17(1):17–24. doi: 10.1136/tc.2007.020495.[PubMed][Cross Ref]
2. Dunlop SM, Romer D. Relation between newspaper coverage of 'light' cigarette litigation and beliefs about 'lights' among American adolescents and young adults: the impact on risk perceptions and quitting intentions. Tob Control. 2010;19(4):267-273. [PubMed]
3. Kingdon J. Agenda, alternatives, and public policies. Boston: Little, Brown, and Co.; 1984.
4. McCombs ME, Shaw DL. The agenda-setting function of mass media. Public Opin Q. 1972;36(2):176–87. doi: 10.1086/267990.[Cross Ref]
5. Caburnay CA, Kreuter MW, Luke DA, Logan RA, Jacobsen HA, Reddy VC, et al. The news on health behavior: coverage of diet, activity, and tobacco in local newspapers. Health Educ Behav. 2003;30(6):709–22. doi: 10.1177/1090198103255456.[PubMed][Cross Ref]
6. Smith KC, McLeod K, Wakefield M. Australian letters to the editor on tobacco: triggers, rhetoric, and claims to legitimate voice. Qual Health Res. 2005;15(9):1180–98. doi: 10.1177/1049732305279145.[PubMed][Cross Ref]
7. Smith KC, Siebel C, Pham L, Cho J, Singer RF, Chaloupka FJ, et al. News on tobacco and public attitudes toward smokefree air policies in the United States. Health Policy. 2008;86(1):42–52. doi: 10.1016/j.healthpol.2007.09.015.[PubMed][Cross Ref]
8. Smith KC, Wakefield M. Textual analysis of tobacco editorials: how are key media gatekeepers framing the issues? Am J Health Promot. 2005;19(5):361–8. doi: 10.4278/0890-1171-19.5.361.[PubMed][Cross Ref]
9. Smith KC, Wakefield M. Newspaper coverage of youth and tobacco: implications for public health. Health Commun. 2006;19(1):19–28. doi: 10.1207/s15327027hc1901_3.[PubMed][Cross Ref]
10. Smith KC, Wakefield M, Edsall E. The good news about smoking: how do U.S. newspapers cover tobacco issues? J Public Health Policy. 2006;27(2):166–81. doi: 10.1057/palgrave.jphp.3200079.[PubMed][Cross Ref]
11. Durrant R, Wakefield M, McLeod K, Clegg-Smith K, Chapman S. Tobacco in the news: an analysis of newspaper coverage of tobacco issues in Australia, 2001. Tob Control. 2003;12(Suppl 2):ii75–81.[PMC free article][PubMed]
12. Dorfman L, Cheyne A, Gottlieb MA, Mejia P, Nixon L, Friedman LC, et al. Cigarettes become a dangerous product: tobacco in the rearview mirror, 1952-1965. Am J Public Health. 2014;104(1):37–46. doi: 10.2105/AJPH.2013.301475.[PMC free article][PubMed][Cross Ref]
13. Wackowski OA, Lewis MJ, Delnevo CD, Ling PM. A content analysis of smokeless tobacco coverage in U.S. newspapers and news wires. Nicotine Tob Res. 2013;15(7):1289–96. doi: 10.1093/ntr/nts332.[PMC free article][PubMed][Cross Ref]
14. Long M, Slater MD, Lysengen L. US news media coverage of tobacco control issues. Tob Control. 2006;15(5):367–72. doi: 10.1136/tc.2005.014456.[PMC free article][PubMed][Cross Ref]
15. Nelson DE, Pederson LL, Mowery P, Bailey S, Sevilimedu V, London J, et al. Trends in US newspaper and television coverage of tobacco. Tob Control. 2015;24(1):94-99. [PubMed]
16. Linnan LA, Weiner BJ, Bowling JM, Bunger EM. Views about secondhand smoke and smoke-free policies among North Carolina restaurant owners before passage of a law to prohibit smoking. N C Med J. 2010;71(4):325–33.[PubMed]
17. Sanders-Jackson A, Gonzalez M, Zerbe B, Song AV, Glantz SA. The pattern of indoor smoking restriction law transitions, 1970-2009: laws are sticky. Am J Public Health. 2013;103(8):e44–51. doi: 10.2105/AJPH.2013.301449.[PMC free article][PubMed][Cross Ref]
18. Heim D, Ross A, Eadie D, MacAskill S, Davies JB, Hastings G, et al. Public health or social impacts? A qualitative analysis of attitudes toward the smoke-free legislation in Scotland. Nicotine Tob Res. 2009;11(12):1424–30. doi: 10.1093/ntr/ntp155.[PubMed][Cross Ref]
19. Magzamen S, Charlesworth A, Glantz SA. Print media coverage of California's smokefree bar law. Tob Control. 2001;10(2):154–60. doi: 10.1136/tc.10.2.154.[PMC free article][PubMed][Cross Ref]
20. Johnson HH, Becker C, Inman L, Webb K, Brady C. Why be smoke-free? A qualitative study of smoke-free restaurant owner and manager opinions. Health Promot Pract. 2010;11(1):89–94. doi: 10.1177/1524839907309866.[PubMed][Cross Ref]
21. King BA, Dube SR, Tynan MA. Attitudes toward smoke-free workplaces, restaurants, and bars, casinos, and clubs among U.S. adults: findings from the 2009-2010 national adult tobacco survey. Nicotine Tob Res. 2013;15(8):1464–1470. doi: 10.1093/ntr/nts342.[PubMed][Cross Ref]
22. States, commonwealths, and municipalities with 100 % smokefree laws in non-hospitality workplaces, restaurants, or bars [http://www.no-smoke.org/pdf/100ordlist.pdf]
23. McDaniel PA, Offen N, Yerger VB, Malone RE. “A Breath of Fresh Air Worth Spreading”: media coverage of retailer abandonment of tobacco sales. Am J Public Health. 2014;104(3):562–9. doi: 10.2105/AJPH.2013.301564.[PMC free article][PubMed][Cross Ref]
24. Gwet K. Computing inter-rater reliability and its variance in the presence of high agreement. Br J Mathemat Statist Psychol. 2008;61:29–48. doi: 10.1348/000711006X126600.[PubMed][Cross Ref]
25. Feinstein AR, Cicchetti DV. High agreement but low kappa: I. The problems of two paradoxes. J Clin Epidemiol. 1990;43(6):543–9. doi: 10.1016/0895-4356(90)90158-L.[PubMed][Cross Ref]
26. Wongpakaran N, Wongpakaran T, Wedding D, Gwet KL. A comparison of Cohen's Kappa and Gwet's AC1 when calculating inter-rater reliability coefficients: a study conducted with personality disorder samples. BMC Med Res Methodol. 2013;13:61. doi: 10.1186/1471-2288-13-61.[PMC free article][PubMed][Cross Ref]
27. Baethge C, Franklin J, Mertens S. Substantial agreement of referee recommendations at a general medical journal--a peer review evaluation at Deutsches Arzteblatt International. PLoS One. 2013;8(5):e61401. doi: 10.1371/journal.pone.0061401.[PMC free article][PubMed][Cross Ref]
28. Landis RJ, Koch GG. The measurement of observer agreement for categorical variables. Biometrics. 1977;33:159–77. doi: 10.2307/2529310.[PubMed][Cross Ref]
29. Munoz SR, Bangdiwala SI. Interpretation of Kappa and B statistics measures of agreement. J Appl Stat. 1997;24(1):105–12. doi: 10.1080/02664769723918.[Cross Ref]
30. Glantz SA. Primer of Biostatistics. 7. New York: McGraw Hill Medical; 2011.
31. Booth A. The recall of news items. Public Opin Quart. 1970;34(4):604–10. doi: 10.1086/267845.[Cross Ref]
32. LeBoeuf J. Need smoke-free bars. Chicago Daily Herald. Chicago, IL. 1997:15.
33. Beeman D. Ban on smoking: Fight or switch? Area restaurants are taking different tacks toward a new law that has some smokers up in arms. Riverside, CA: Press-Enterprise; 1995. p. B1.
34. York S. Push for workplace ban sears smokers. Flint Journal. 2009:A1.
35. DeLage J. A smoke-free switch. Grand Forks Herald. Grand Forks, ND. 1998:5.
36. Webb A. Boise is divided on proposed smoking ban - Comments Wednesday ranged from skepticism to supporting the law. Boise, ID: Idaho Statesman; 2011.
37. Gibson R, Zillmann D. The impact of quotation in news reports on issue perception. J Mass Commun Q. 1993;70(4):793–800.
38. Dearlove JV, Bialous SA, Glantz SA. Tobacco industry manipulation of the hospitality industry to maintain smoking in public places. Tob Control. 2002;11(2):94–104. doi: 10.1136/tc.11.2.94.[PMC free article][PubMed][Cross Ref]
39. Ritch WA, Begay ME. Strange bedfellows: the history of collaboration between the Massachusetts Restaurant Association and the tobacco industry. Am J Public Health. 2001;91(4):598–603. doi: 10.2105/AJPH.91.4.598.[PMC free article][PubMed][Cross Ref]
40. State marks a year of no smoking in restaurants. Are bars next? In: Associated Press. 2006.
41. KFC and Pizza Hut announce no smoking policy. In: Business Wire. 2005.
42. Wood S. Report targets smoke in eateries. Albany, NY: Times Union; 2001. p. B4.
43. Office on Smoking and Health . The Health Consequences of Involuntary Exposure to Tobacco Smoke: A Report of the Surgeon General. Atlanta, GA: Centers for Disease Control and Prevention; 2006. [PubMed]
44. Libby L. Bar owner prohibits smoking - But choice should not be mandated, John Gordon says. Corpus Christi, TX: Caller-Times; 2004. p. A1.
45. Adams R. Smoke-free jails: local policy change coming - Warren County jail to bar smoking. Bowling Green, KY: Daily News; 2006.
46. Pospeschil J. Restaurateur touts smoke-free policy - Owner of 90 restaurants speaks to crowd at WIU. Peoria, IL: Journal Star; 2007. p. B5.
47. Health Department expects more restaurants, bars to go smoke-free. In Associated Press. 2005.
48. Chronological Table of U.S. Population Protected by 100 % Smokefree State or Local Laws [http://no-smoke.org/pdf/EffectivePopulationList.pdf]
49. Gans H. Deciding what's news. New York: Pantheon; 1979.
50. McCombs ME, Shaw DL. The evolution of agenda-setting research: twenty-five years in the marketplace of ideas. J Commun. 1993;43(2):58–67. doi: 10.1111/j.1460-2466.1993.tb01262.x.[Cross Ref]
51. Wallack L, Dorfman L. Media advocacy: a strategy for advancing policy and promoting health. Health Educ Q. 1996;23(3):293–317. doi: 10.1177/109019819602300303.[PubMed][Cross Ref]
52. Wallack L, Dorfman L, Jernigan D. Media advocacy and public health: power for prevention. Newbury Park, CA: Sage Publications; 1993.
53. Hladky G. 200 more state restaurants go smoke-free during 1997. New Haven, CT: New Haven Register; 1997. p. A5.
54. Kreimer P. Bar air is 10 times worse here. Covington, KY: Kentucky Post; 2007. p. A1.
55. Stedman L. Activists dispute effects of smoking bans. Ft. Wayne, IN: Journal Gazette; 1998. p. 1A.
56. Opinion. In Daily News-Miner. Fairbanks, AK; 2003.
57. Hitzeman C. Patrons show disinterest in smoke ban. Ft. Wayne, IN: Journal Gazette; 1998. p. 4A.
58. Lee R. Can cafe survive smoke free? Oklahoma City, OK: Daily Oklahoman; 1999. p. 1.
59. Parker K. New guide lists smoke-free restaurants. Tampa, FL: Tampa Tribune; 1995. p. 1.
60. Sussman L. Breath of fresh air - 2 restaurants that just went smoke-free are finding that business is stable - or even rising. Milwaukee, WI: Journal Sentinel; 2008. p. 1.
61. Rocker M. More eating establishments snuffin' puffin': The number of "no smoking" signs in Auburn restaurants grows. Syracuse, NY: Herald-Journal; 1997. p. B1.
62. Clark S. Eating out column: Smoke-free restaurants increasing. Ft. Wayne, IN: Journal Gazette; 1997. p. 1D.
63. Smoking ban sparks debate. Utica Observer-Dispatch. Utica, NY. 2003:1.
64. Rolling Meadows Tobacco Information and Prevention Committee . Kudos to those restaurants that banned smoking. Chicago, IL: Daily Herald; 1999. p. 1.
65. Garifo C. Many eateries smoke-free now. Watertown, NY: Daily Times; 2003. p. D8.
66. Piet E. Smoke-free by choice. Grand Rapids, MI: Grand Rapids Press; 2008. p. C1.
67. Neergaard L. Public smoking bans urged - Surgeon General says 'debate over' on health hazards. Ft. Wayne, IN: Journal Gazette; 2006. p. 10A.
68. Burstein J. Smoking ban for eateries proposed - City Council discussion set. Tucson, AZ: Arizona Daily Star; 1999. p. 1A.
69. La Crosse is latest city to pass smoke-free dining law. In Associated Press. 1999.
70. Neergaard L. Study affirms secondhand smoke is a killer. Ocala, FL: Star-Banner; 2006.
71. Dadigan M. Restaurants put in on menu early: Smokers need to light up outside - The indoor smoking ban doesn't take effect until July 1, but many area restaurants are enforcing the rule now. Vero Beach, FL: Press Journal; 2003. p. A1.
72. Frothingham K. Going smoke-free is being done right away. Bowling Green, KY: Daily News; 2010.
73. Tabor K. Smoke-free bar and grill set to open in Enterprise. Enterprise, AL: Ledger; 2008.