North Carolina Background

The state of North Carolina currently has, what health advocates refer to as, a "dirty air law." In 1993 the NC General Assembly passed HB957, "An Act to Regulate Smoking in Public Places and to Establish Standards for Local Governments Electing to Regulate Smoking". This law requires that 20% of space be set aside for smoking in state controlled buildings and offers no requirements for state government worksites, private worksites, or restaurants. This law also prohibits local governments from determining their own public health ordinances for clean indoor air after October 15th, 1993. State laws of this kind are called preemptive because they restrict local counties from passing their own clean indoor air laws that are stricter than the statewide clean indoor air laws.

Smoke-Free Mecklenburg believes that the time has come for this law to change. The science is conclusive—exposure to secondhand smoke is not just a nuisance but a very serious health hazard. It causes over 1500 deaths in North Carolina every year in addition to thousands of lung and bronchial infections in children. Research also shows that exposure to secondhand smoke in children is associated with a decline in reading and math skills. A new CDC advisory warns that any exposure to secondhand smoke can increase the risk of a heart attack.

The vast majority of North Carolinians want smoke-free dining establishments, as do many of our local restaurant owners. Peer-reviewed studies report no adverse impact or a positive impact of smoke-free restaurant and bar laws on sales and employment. Restaurant owners must bear the cost of smokers in higher health insurance premiums, maintenance costs, lost productivity, and possible liability costs. While they are currently allowed to voluntarily become smoke-free, many say they would rather have a city or state-wide ban so that it is easier for them to make the transition without opposition.

As hundreds of cities, states, and countries across the world are beginning to address this problem of secondhand smoke exposure, traditional opponents of such laws are coming around. Members of the business community, including restaurant and bar owners, are becoming increasingly supportive of smoke-free laws, recognizing that these laws can have a positive impact on public health and the health of their business. Even Philip Morris now admits that the health concerns of secondhand smoke are strong enough to warrant regulation of smoking in public venues.

This initiative is not anti-smoking or against the tobacco industry. This is an initiative to promote health, to protect children and workers, and to help businesses stay productive and competitive in the current economy. Smoke-Free Mecklenburg requests exemption from GS-143-595-601.