Preemption of local smoke-free indoor air ordinances: Understanding the role of the courts in tobacco control policies

Objectives: Tobacco use is the leading cause of preventable illness and death in the United States. Smoke-free indoor air laws protect individuals from the negative health effects of cigarette smoke. State preemption of local tobacco control ordinances is a legal construct used by states to prevent localities from enacting more restrictive ordinances. The tobacco industry has historically supported preemption as a strategy to prevent diffusion of effective community-based tobacco control laws. As of December 31, 2008, 14 states' statutes preempted local smoke-free indoor air ordinances in government workplaces, private workplaces, or restaurants. However, court decisions affect how laws are interpreted and enforced. State and federal courts have issued significant decisions related to preemption of state smoke-free indoor statutes.

Methods: Using data collected for CDC's State Tobacco Activities Tracking and Evaluation System (STATE) through systematic searches of appellate-level state and federal court decisions, and utilizing state examples, this presentation examines the legal language to explain variation in judicial reasoning and outcomes when smoke-free indoor air statutes are challenged on preemption grounds.

Results: Preliminary research shows 19 states have state and federal appellate-level decisions related to preemptive provisions. Analysis suggests outcomes of court decisions depend on at least three factors: 1) home rule provisions in the state's Constitution, 2) precedent, or 3) the rules of statutory construction applied by the courts.