Smokeasy: A case study of enforcement and penalties of smoke-free indoor air bans in workplaces and restaurants in three states

In 2006, the Surgeon General stated, “there is no safe level of second hand smoke.“ Similarly, goals set in Healthy People 2010 work toward establishing laws on smoke-free indoor air in workplaces and public places and reducing the proportion of non-smokers exposed to environmental tobacco smoke. The National Cancer Institute's State Cancer Legislative Database (SCLD) reveals that since 2004, the number of states with smoke-free indoor air prohibitions in workplaces and restaurants has more than doubled. Little is known by the tobacco control community about the enforcement of these prohibitions by state and local officials. Anecdotal evidence suggests bar and restaurant owners among others are allowing smoking in the face of these prohibitions, creating smokeasies, similar to the speakeasies of the prohibition era. More comprehensive research on enforcement policies and implementation is needed to inform policy makers on the effectiveness of their policies and to assess state achievement of Healthy People 2010 objectives. This presentation will examine enforcement policies and implementation of smoke-free indoor air prohibitions in workplaces and restaurants in a case study fashion in three states: Iowa, Massachusetts, and New York. State enforcement policies will be provided by the SCLD database. Implementation data will be provided by state health department websites as well as independent analyses of the law conducted by the states themselves. We will also examine the trend in all states with prohibitions on smoking in workplaces and restaurants to place enforcement authority on local health departments and local law enforcement.