Why Are Bars Becoming Smoke-free in California?
A Brief History… prepared by Ester Schiller, SAFE

1992
United States Environmental Protection Agency (EPA) classifies secondhand smoke as a Group A carcinogen, the same classification as asbestos and radon gas. EPA states that secondhand smoke causes cancer in non-smokers and that there is no safe level of exposure.

1993
AB 13 is introduced in the California legislature by Assemblymember Terry Friedman. Bill requires most California workplaces to become smokefree. It includes bars and casinos, but permits a two-year phase in period.

1994
AB 13 passes the state legislature and is signed into law by Governor Wilson.

March, 1994: Federal Occupational Safety and Health Administration proposes workplace rules which will require every workplace in the nation, including restaurants and bars to become smokefree. There is a 90 day period set for public comment.

1994
Proposition 188 is placed on the California ballot by tobacco companies. It will repeal AB 13 but it is defeated by the voters by 70% of the vote. Information about bars being required by AB 13 to become smokefree on January 1, 1997 is contained in the voters’ pamphlet.

1995
AB 13, California’s smokefree workplace law, takes effect. It becomes Section of the California State Labor Code. It is enforced by local communities.

1996
A federal appeals court rules in November that Fed OSHA, which says it is overwhelmed by comments from the public, can take as much time as is needed before issuing workplace regulations for secondhand smoke. (L.A. Times, 11/27/99) In addition, there is pressure on Fed OSHA from the Congress to hold off on banning smoking in workplaces. Pressure from the tobacco industry may be a factor in Fed OSHA’s delay. The tobacco industry contributed more than $1.7 million in PAC contributions to members of Congress in 1996.

The California legislature passes AB 3037 - Cannella which requires that bars become smokefree in one year, on January 1, 1998.

Fed OSHA issues a statement to the media in which it salutes California for protecting its workers from secondhand smoke.

1997
AB 869 is introduced by Assemblymember Dick Floyd (D-Carson). The bill would allow smoking in bars indefinitely.

The bill is defeated in the Assembly Labor Committee in April. It is opposed by the California Restaurant Association, the California Labor Federation, the American Lung Association, California Medical Association, the American Cancer Society, and virtually every other public health organization in the state. (Sacramento Bee, 4/21/97)

Another pro-tobacco bill surfaced in the late summer of 1997 -- SB 137, by Senator Ken Maddy. The bill contained the same type of language as AB 869 with one exception, it called for a one-year extension of smoking in bars, taverns and gaming clubs. By the close of the legislative session in mid-September, despite heavy lobbying by the tobacco industry, this bill was not acted upon and became a two-year bill. Thus, the bar provisions of AB 13 are scheduled to become law on January 1, 1998 making all bars, taverns and gaming clubs in California smoke-free.

1998
January 1st, the bar, bar/restaurant and gaming club provisions of AB 13 become law -- making all these facilities smoke-free!

January: The National Smokers' Alliance (NSA), a Philip Morris-funded group revamps their 1993 campaign to dismatntle smoke-free bar legislation in California and now focuses on repealing the ban through a materials distribution program to bar owners and direct legislative efforts.

January: Assembly Member Ed Vincent (D-Inglewood) introduces AB 297 to rescind the ban on smoking in bars. The measure passes by the needed one vote (42-24). However, Senate leaders John Burton (D-San Francisco) and Bill Lockyer (D-Hayward), tobacco industry foes make it clear that the bill faces a tough uphill fight that could last most of the year.

March: AB -297 came before the Senate Health and Human Services Committee for a hearing. The author, Assembly Member Ed Vincent did not show up for the hearing. Committee Chair Senator Diane Watson (D-Los Angeles) held an informational hearing and is keeping the bill in her committee.

August: The California Legislature adjourned August 31st, and handed the tobacco industry another quiet defeat. Despite the tobacco industry's massive public relations effort, their attempts to get the Smoke-free Workplace Law repealed or weakened was unsuccessful. Since January, the tobacco industry actually tried four times to weaken the law, but made no headway. Three Cheers! A victory for California workers!

 

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