Putting Ok On The Map

Putting Oklahoma on the Smokefree Map Cynthia Hallett, MPH Executive Director Americans for Nonsmokers’ Rights

Why Work on Smokefree Issues? “There is no risk-free level of exposure to secondhand smoke.” U.S. Surgeon General Richard Carmona, June 2006

Secondhand smoke is a toxic air contaminant, an air pollutant which may cause or contribute to an increase in deaths or in serious illness, or which may pose a present or potential hazard to human health. California Air Resources Board, January 2006

From Sections to 

1980’s = Nonsmoking Sections

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1990’s = Clean Indoor Air Policies – Separately enclosed, separately ventilated rooms were acceptable

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2000 = 100% Smokefree Indoor Environments – No separation, ventilation, exemptions for small businesses, etc.

These shifts toward stronger provisions were supported by a combination of public demand and the science on the health effects of secondhand smoke.

Smokefree laws serve three purposes: 2.

3.

4. May 2007 IOM Report

They protect nonsmokers from the health effects and the noxious odors of secondhand smoke; They help smokers quit, cut down on their smoking, and avoid relapses; They reinforce a nonsmoking social norm.

“Clean air laws, in fact, have done more to reduce consumption than any intervention other than price increases for cigarettes.”

Puerto Rico

*Includes both public and private non-hospitality workplaces, including, but not limited to, offices, factories, and warehouses. **Includes any attached bar in the restaurant.

Percent Population Protected 

13 states plus Puerto Rico and the District of Columbia (DC), and 317 municipalities have laws covering non-hospitality Workplaces, Restaurants, and Bars (WRB) in effect covering 34.8% U.S. population. 26 states have smokefree restaurant and bar laws, protecting 50.7% of the population.

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4 states have enacted WRB laws that are not yet in effect: Oregon (effective 1/1/09), Utah (WR in effect, bars 1/1/09), Nebraska (effective 6/1/09), Montana (WR in effect, bars 10/1/09)

Other Smokefree Benchmarks 

Many hospitals, college campuses, and government buildings are smokefree, including several in Oklahoma!

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At least 30 state and national organizations have adopted policies or resolutions to hold meetings in smokefree municipalities – which is easier to do now that so many cities are smokefree! – Has your organization or those you’re affiliated with adopted a resolution? See sample resolution at www.no-smoke.org

Industry Response to Smokefree Successes 

Oppose all smokefree and related tobaccoprevention legislation by any means necessary – Legal challenges, referenda, public relations blitz, competing weak legislative proposals often with preemption, financial contributions to allied parties, etc.

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Recent examples – Ongoing attempts to pass Preemptive legislation in state legislatures, spread of junk science by Michael Pakko and Jerome Arnett

States with Partial Preemption or Status Unsettled MI: Statewide preemption law applies to restaurants and bars.

Note: Oregon's statewide preemption law has been repealed, effective January 1. 2009, when the state's smokefree law goes into effect, and Montana's preemption law expires on October 1, 2009, when the state's smokefree air law becomes effective with respect to bars and casinos. www.protectlocalcontrol.org

Preemption is unacceptable in any form 

This is the tobacco industry’s number one tactic to halt local (and state) progress.

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The industry will often support a statewide law which includes preemption, and often other loopholes. Incremental steps are acceptable, but barriers to future progress must be avoided.

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Communicating our Message 

Avoid breaking the smokefree law into narrow venues, i.e. bars. Talk about smokefree air for ALL workplaces. Support drops when focusing on specific types of venues.

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Least compelling argument for public: the antibusiness loss argument.

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Always talk about health: be clear about the health hazardous of SHS exposure and the health (and economic) benefits of smokefree air…even while answering the claim that smokefree laws hurts hospitality business. ~ Which is categorically false!

Effective Messengers 12. Thinking about a campaign about this issue, which two of the following people would be MOST convincing and persuasive to talk about the harmful effects of secondhand smoke — [Read list] [Randomize] [Record up to two responses] Statewide [n=241]

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A person suffering from secondhand smoke

53%

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A doctor A family member of a victim suffering from secondhand smoke A person who works in a business with smokers A nurse A public health official A local restaurant owner An elected official None [Do not read] DK/NS

35% 28% 12% 11% 11% 11% 3% 3% 4%

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Smokefree Casinos 

Broadly speaking, 26 states plus Puerto Rico and DC have enacted an indoor smokefree gaming law.

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4 of the 20 states with state-regulated casinos (Vegas-style commercial casinos or racinos) are protected by 100% smokefree laws (Illinois, Colorado, Delaware, New York).

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16 states and Puerto Rico have enacted smokefree 100% pari-mutuels/racetracks, card clubs, and/or commercial casino legislation.

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Atlantic City, NJ passed a local law, but accepted ventilated smokers' lounges. The exemption ends Oct 15, 2008.

Scientific Evidence in Casinos 

Casino workers in a "well-ventilated" casino had cotinine (metabolized nicotine) levels 300-600% higher than in other smoking workplaces during a work shift.

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Smoke-filled casinos have up to 50 times more cancercausing particles in the air than highways and city streets clogged with diesel trucks in rush hour traffic.

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Risk from SHS for the average casino worker would exceed OSHA’s Significant Risk level by 20 fold.

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See ANR “Secondhand Smoke and Gaming Facilities” Fact Sheet for citations and many more facts!

Pre-law, over 400 PMs in gaming areas (“hazardous”) down to 15 PMs (“healthy”) post smokefree air law; they noted that less than seven percent of gaming patrons were smoking. Illinois

Singing a Different Tune – American Gaming Association THEN NOW  

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THEN Aggressively opposed to smokefree Partnered with RJ Reynolds and Phillip Morris to promote ventilation strategy Lobbied ASHRAE for separate standard Chaired by former Tobacco Institute lobbyist

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NOW Neutral on smokefree (as of May 2007)

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White Paper acknowledging Surgeon General’s Report Admit concession: “A year or two down the road there's not any public facility you're going to be able to smoke a cigarette in and that includes us [the casino/gaming industry]." Still chaired by former Tobacco Institute lobbyist

National Council of Legislators from Gaming States

Tribal Casinos 

Of 566 federal recognized tribes, 224 tribal governments are active in the gaming industry.

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There are 354 Indian casino gaming operations in the US. – In Oklahoma, there approximately 101 tribal gaming facilities; it’s second biggest Indian gaming revenue state in the U.S.

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The Navajo Nation is considering a resolution to open all tribal casinos as smokefree venues; still up for debate, and tribal advocates and other partners hopeful it will pass.

Communicating Your Message re: Smokefree Gaming

Smokefree Casino Taskforce 

More than 100 members from 26 U.S. states, 5 Tribal Nations, and 2 Canadian provinces

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Listserv and monthly conference calls

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Information and resource sharing

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Best practices and what to expect Let me know if you are interested in joining this network!

YOUTH LED, ADULT ASSISTED

Targeting “Hipsters” 

Hipsters are “Those deemed cool by the cool” (Lanham, Hipster Handbook); typically young adults; set the trends for mainstream media

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Mainstream smokefree gains push tobacco advertising into the unregulated netherrealms, e.g., the playground of Hipsters » Alternative Weekly Newspapers » Bar and Club In-Venue Advertising » The Internet » Cultural Events (art gallery openings)

Marketing “Acceptable Rebellion” Trend Influence Marketing: TID: alo41d00

TID: hgz82d00

Since the Camel Club Program is based largely on image  and association, it is necessary to include that segment of  the nightlife market… The hipster scene includes roughly  500 individuals in each city who represent the most  cutting­edge of hip in the country – they are the people  who attend all the openings, and can be seen on the scene  almost every night at one or another of our targeted  venues. TID: alo41d00

Influencing Trendsetters 

Hipsters have been largely overlooked by public health campaigns

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Tobacco control advocates can deploy for public health purposes the same tactics the tobacco industry has successfully used to get trendsetters to smoke

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Tobacco control advocates have found and must continue to generate genuine underground youth culture and run with it.

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As the tobacco industry has found, Hipsters are a key market to access youth and young adult behavior modeling; and should be integrated into public health campaigns.

Broaden Your Outreach! 

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Never underestimate the power of a wide variety of diverse, “non-traditional” partners. You know you need: doctors, workers, musicians, casino workers, but don’t forget the moms, granddad’s, hipsters and other influentials who can communicate to the public and to elected officials.

“The world is changing and anyone who thinks they can get anything meaningful done without the input of all a community’s leadership is simply not paying attention. Inclusion is more than a buzzword. It’s a necessity.” - Dr. Jewelle Taylor Gibbs, sociologist & author

Engage Gaming Worker s in Your Smokef ree Campai gns

Business Owner Outreach 

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Smokefree Dining Guides Chamber of Commerce Outreach/presentation s Peer-to-peer networks. Do you have a business owner champion? Hospitality trade associations LTEs in trade magazines Smokefree Nights Out

Next Steps for Success in OK 

Review the Fundamentals of Smokefree Workplaces.

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Agree to Dealbreakers IN ADVANCE of any outside discussions – with media, legislators, broader coalition members.

Anything that prevents future progress should always be a dealbreaker.  Preemption  Ventilation  Smoking Rooms

Plan in Advance for Implementation Most questions occur 3 months before and after effective date. Have plan for enforcement (who, how), business kits, door stickers, hotline, website, media, etc. ready in advance.

www.goingsmokefree.org

Next Steps 

Educate the community about the hazards of SHS and the benefits of smokefree environments, ASAP!

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Strengthen statewide law to close loopholes smokefree workplace laws, expand to cover bars and casinos

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Insert preemption repeal language into new legislation (Industry has a hard time arguing against local control AND strengthening the law)

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Adopt smokefree meetings policies (support smokefree hotels)

Policy and Social Norms

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Our goal is to change the social norm about smoking

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Even if unsuccessful, the campaign for health policy change (e.g., a smokefree law) can itself educate and change social norms and pave the way for success in the near future

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Equally important, a poorly run campaign with wrong goals or poor policy provision can deter and delay future action

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You can put OK on the Smokefree map! Start today, work hard, be strategic, never underestimate the tobacco industry and its

Putting a Face on the Issue Nonsmokers’ Rights

Tobacco Industry It’s about money and maintaining the social acceptability of smoking

It’s about worker health and the right to breathe smokefree air

It’s about preventing a generation addicted to nicotine

“Financial impact of smoking bans will be tremendous – three to five fewer cigarettes per day per smoker will reduce annual manufacturer profits a billion dollars plus per year.” A Smokers’ Alliance: draft. Bates Nos. 2025771934-2025771937

The industry knowingly and willing created a product it knew was addictive and harmful to the smoker and nonsmoker. Judge Gladys Kessler, August 17, 2006

Thank you! Cynthia Hallett, MPH Executive Director [email protected] (510) 841-3045 www.no-smoke.org

Economic Impact Reports 

Racinos: The Delaware smokefree law had no effect on total gambling revenues or on the average revenue per machine; it did not harm casinos or other gambling venues, just as they do not harm restaurants, bars, or bingo parlors. (Mandel, Glantz, Tobacco Control, 2005)

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Keno: Massachusetts Smoke-Free Workplace Law has not adversely affected keno sales since it went into effect on July 5, 2004. Net keno sales have increased approximately $121,000 per year since 2000. The number of dollars waged per month also remains unchanged.

Economic Impact Reports 

Bingo: Smokefree laws do not adversely affect charitable bingo profits. A 2003 study analyzing 16 years of charitable bingo economic trends in Massachusetts before and after local communities adopted smokefree ordinances found that charitable bingo profits began declining before Massachusetts’ communities starting going smokefree and that there was no effect on bingo revenues

within the population covered by smokefree policies. 

Gaming clubs: According to the California Board of Equalization, California’s bars, casinos and gambling clubs continue to profit since going smokefree in January 1998. Sales tax receipts show that revenues in establishments licensed to serve alcohol – including casinos and gambling clubs that serve alcohol – increased by

more than 5 percent each quarter of 1998 over revenues each quarter in 1997. In these same establishments, sales increased from $8.64 billion in 1997 to $11.3 billion in 2002.