Clean indoor air: where, why, and how

Abstract

Clean indoor air policies are an effective way to eliminate exposure to second hand smoke and reduce smoking among youth and adults; they are strongly recommended by the Surgeon General and the Task Force on Community Preventive Services. How these policies are put into effect and at what level of government can make a difference. Legislation that preempts local action prevents communities from enacting more stringent laws or tailoring laws to address community-specific issues. Preemptive state laws also can be a barrier to local enforcement because communities not involved in decision making may be less aware of laws, may have no enforcement mechanism, and thus may be less complaint. Preemption is clearly a tobacco industry strategy to take away local control, usually in exchange for a weak law offering little protection from second hand smoke. As communities across the country continue to pass stronger local ordinances, eliminating preemptive laws becomes more important. During 2002, Delaware became the first state to repeal clean air preemption. In Iowa, the attorney general's office has been involved in the determination of whether the state clean air law prevents communities from passing more stringent ordinances. And although Minnesota's pioneer Clean Indoor Air Act does not preempt local laws, the debate over preemption there has not ended but instead has taken new forms.