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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