Clearing Away All the Political Smoke : Why a Statewide Smoking Ban Would Be Good, but State Preemption Bad

It sounded eminently fair--even magnanimous--when the California Restaurant Assn. announced its support of an outright statewide ban of smoking in restaurants--as long as smoking is banned in other public places. Why pick on restaurants?

Why indeed: A state legislative ban, the restaurant association argues, should dictate a consistent government attitude toward smoking in public places. Now, restaurateurs say, local ordinances regulating smoking make for a piecemeal approach. True. It’s one reason why we’ve expressed doubts about a proposed ban in L.A. city restaurants: The ban would be better if it were broader in geographical scope. But it is also true that the effects of second-hand smoke are serious. Passive smoke, the smoke that nonsmokers involuntarily inhale, is thought to be a leading cause of preventable death.

So, the association suggests that smoking be prohibited in all public places. That’s right, in principle. But how successful the proposal will be depends on what a “public place” is and whether the Legislature will display a heretofore unevidenced gumption in resisting hard lobbying from the tobacco industry.

Sadly, Sacramento shows no signs of reversing its tendency to bend to the needs of the tobacco interests. On the contrary. Take a look at a tobacco bill by Assemblyman Richard Polanco, (D-Los Angeles). At first glance it sounds great. But it would have the effect of weakening the local controls on access to tobacco products.

For instance, AB 3967, which this week was amended to make it slightly less objectionable, would set up state standards to govern tobacco sample giveaways. That sounds reasonable. But it also would preempt local governments from passing or enforcing tougher laws that ban promotional giveaways to potential smokers. This bill is opposed by health advocates long familiar with Sacramento’s smoked-filled rooms. Rightly so.

As for the restaurateurs, logically they’re right, but as a practical matter a bill on banning smoking in public is not going to happen. A statewide restaurant smoking ban is a good--and possibly even achievable--start.