Ceiling preemption: How state laws can hinder local tobacco control

Ceiling preemption—the superseding of a law by a higher level of government—is particularly problematic for local tobacco control. Currently, the Center for Disease Control's State Tobacco Activities Tracking and Evaluation (STATE) System lists 12 states as having some form of tobacco preemption. Preemption may curtail municipalities' power to regulate where smoking can take place (e.g., casinos, bars, or restaurants), as well as other portions of smokefree indoor air laws including enforcement, penalties, or limits on smoking behavior (e.g., designated areas as opposed to separately enclosed and ventilated areas). Preemption is arguably the number one obstacle for communities seeking to promote healthy minds and bodies through law, by limiting the power of localities to formulate public health law policies. This presentation will discuss the problem of preemption as applied to municipal smokefree air laws, including a brief history of the preemption in tobacco control and some of the legal challenges associated.