SMOKE-FREE BAR COMPLIANCE STRATEGIES:

EDUCATION THEN ENFORCEMENT

BREATH – The California Smoke-Free Bars, Workplaces

and Communities ProgramA Project of the California Department of Health

Services, Tobacco Control Section and the American Lung Association

These materials made possible by funds received under Grant No.00-90379-A02 with the CA Dept. of Health Services

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5495 Carlson Drive, Suite DSacramento, CA 95819

* Phone: (916)739-8925 * E-mail: breath@jps.net * Website: www.breath-ala.org

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Project Goals “Ease the Transition” from smoke-filled

worksites to smoke-free worksites throughout California

Activate Public Support

Defeat Tobacco Industry efforts to undermine the Smoke-Free Workplace Act in bars and restaurants

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Description of Activities

Train local tobacco control coalitions to advocate for the law

Inform bar owners about the law

Provide enforcement models

Recognize cities and counties for excellent enforcement

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PRACTICAL TOOLS Developed and compiled educational

materials for: public health staff, bar owners, law enforcers and the public

Trained County and City Tobacco Control project staff and coalitions about the law

Conducted over 250 “town hall” meetings for business owners around the state

Collected and publicized official economic data

Featured supportive bar owners as spokespeople.

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RESULTS Over 90% of all California bars, and restaurants with bars, are smoke-free, in compliance with the law.

State of California Board of Equalization sales tax figures prove that revenues increased by 6% to 8% each reporting period between January 1998 and January 2003.

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LESSONS LEARNED IN CALIFORNIA

Achieving smoke-free workplaces is an incremental process

Keep the focus on protecting workers from Secondhand Smoke

Be certain you have a way to enforce the law

Beware of the media: Double–edged sword

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Building Working Relationships

With: Each Other

Business Owners Law Enforcers

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Working With Each Other

The expected allies: Public Health Voluntary Health Associations

American Cancer American Heart American Lung

New team members: Business owners Labor Unions Law enforcement

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Working With Each Other… A Shared Mission

Our goal is a “level playing field”… the law treats everyone equally.

Our focus is on workers, but we treat business owners with respect.

This highly visible law is “not anti-smoker” or “pro-alcohol”.

We won’t settle for anything less than full and fair enforcement.

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Working With Each Other…

A Shared Structure

Establish a Central Hub for sharing information – an information clearing house

Have monthly Conference Calls “Grand Rounds” to share information, problems, new developments

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Shared Structure…Create an E-mail List Serve of Partners

State, County or City Health Dept. Tobacco Control Staff

ALA, AHA, ACS Staff & Media People Citizen Volunteers Business Spokespersons Inspectors or code enforcers Friendly Unions Champion Law-Makers

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Shared Structure…Open a Line of Communication with:

The keepers of officially reported revenue data

Alcoholic Beverage Control Board

Legal Advisors

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Working With Each Other… Shared Knowledge &Tools Understand

Your Law, then use: Fact Sheets Model Protocols Individualized

Strategies for Local Needs

Media Campaigns

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Working With Each Other… Media Choose a media contact person

Find supportive business spokespeople

Train staff and volunteers to respond to media calls

Rapid response is often essential

Even negative media can help the campaign

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Working With the Public… A Shared Message

Reassure them that the law does not unfairly target the small guys

Share public opinion data to show the majority want smoke-free workplaces

Publicize official revenue data as soon as it’s available.

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Working With Public Officials…

Nobody likes to be out on a limb by themselves – especially elected officials

Smoke-free workplace laws are highly visible and highly popular with voters

“Inoculate” them with information and support for the law to counter complaints and misinformation from opponents.

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Working with business owners… Reaching out to bar owners

Most are responsible, hardworking business people Address their economic concerns Don’t argue the merits of the law Emphasize the level playing field.

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Working with business … Reaching out to bar owners Survey them – get their input on

campaign themes via focus groups

Train supportive bar owners to speak to the media and their peers (video)

Provide reliable information and Fair Notice

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Enter the Territory of the Hospitality Industry

Have a Booth at Hospitality Trade Shows

Place Ads in Hospitality Magazines and Journals Speak at Hospitality

Conferences Conduct “town hall” or

“roundtable” meetings to answer their questions.

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Working with business … Meeting with bar owners

Time Your Meeting. Meal times are usually not good

Don’t inundate them with paper.

Expect them to be worried that this will hurt their business.

Build relationships and position yourself as a source of reliable information.

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Working with Business… Prior to Enforcement

Send a “Fair Notice” letter to all businesses that are newly subject to the law. Especially bars, restaurants and gaming clubs.

Prioritize enforcement efforts based upon a reasonable, nondiscriminatory plan to reach all businesses in an orderly manner.

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Working with Law Enforcement… Building a Partnership

Why enforce? It’s the law!

Failure to enforce destroys public confidence

It’s good for everyone’s health!

Community wants it!

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Working with Law Enforcement… Identify Enforcement Options

Health Dept. Code

Enforcers/Inspectors/Sanitarians

Police or Sheriff’s Dept. Fire Dept. City or District Attorney Dept. of Alcohol & Beverage

Control

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Working with Law Enforcement… Health Department’s Role

Hotline

Compliance Checks

Notice Letter to Employer Referral to Police

Department

Support Volunteer Advocates

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Working with Law Enforcement… Health Department’s Role Health Dept. must train

enforcers/inform them on the law Work with them to create templates,

“practical guides”, tip sheets for officers Work out an agreed protocol for

processing complaints Support and urge them to write

citations Serve as liaison to other enforcement

partners if requested

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Working with Law Enforcement… Enforcement Personnel’s Role

Make site visits Undercover inspections Write Citations Gather evidence/write

reports Refer Citations to

Prosecutors Prosecute citations

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Working with Law Enforcement… Prosecutor’s Role Make smoke-free workplace violations a

priority in order to send a message to the enforcers, business community and public

Try Cases and Educate Judges

Conduct Abatement Hearings

File Unfair Business Practice Suits

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Working with Law Enforcement… San Francisco Model Health Department and Enforcers Health Department and Enforcers

advocated with City Attorney to file advocated with City Attorney to file “unfair business practice” lawsuits“unfair business practice” lawsuits

Nine lawsuits have been filed with stiff Nine lawsuits have been filed with stiff settlement penalties attachedsettlement penalties attached

Publicized law suits and penalties Publicized law suits and penalties

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Today in San Francisco Nearly 95% compliance in Nearly 95% compliance in

restaurants restaurants

Went from 51% to 80% compliance Went from 51% to 80% compliance between 1998 and 2002 in between 1998 and 2002 in

“ “stand-alone bars”.stand-alone bars”.

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Working with Enforcement… Private Citizen Law Suits Unfair Business Practice Suits can be

filed by Municipalities or Individuals

In Los Angeles the City Attorney could not see his way clear to filing these suits

Suits were filed by a private individual against 20 bars that were boldly violating the law.

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Today in L.A. County Headline in Los Angeles Times September 24, 2003:

“Twenty Bars Agree to Enforce Smoking Ban After Judge Threatens Jail Time”

Nearly 98% compliance in restaurants

Went from 46% to nearly 75% compliance in “stand alone bars” between 1998 and 2002

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Successful Enforcement Do your Homework Establish your Team Keep in Regular

Contact Provide Support Share information Give Awards

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What Does the Public Support

Next? Smoke-free Outdoor Entertainment 82.5% Smoke-free Apartment Common Areas 82.5% Smoke-free Hotel Lobbies 85.6% Smoke-free Hospital Grounds 86.5% Smoke-free Playgrounds 88.1% Smoke-free Nursing Homes 88.7%

Field Corp. - Jan. 2001 – Survey of 1,812 CA Adults

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THE CALIFORNIA SMOKE-FREE BARSWORKPLACES AND COMMUNITIES PROGRAM