June 5, 2001

Contacts:
Andrew Weisser, (818) 703-6444
aweisser@earthlink.net
Ann Goure, American Cancer Society, (916) 448-0500, x302
Kirk Kleinschmidt, American Heart Association, (415) 433-2273
or your local American Lung Association
at (800) LUNG-USA. www.californialung.org

California’s Successful Smoke-Free Bar Law Remains In Effect Despite Orange County Judge’s Ruling
-- Law Continues To Protect Employee Health

Statement of the American Lung Association of California, American Cancer Society and American Heart Association

(June 5, 2001, Sacramento, CA) The recent Orange County judge’s ruling regarding one bar in Fullerton does not affect California’s successful smoke-free workplace law. The California Smoke-free Workplace Act, which includes nearly all workplaces, including all restaurants and bars, continues to be in full effect and business owners need to continue following the law by requiring their customers to smoke outside.

Business owners and the public should not be confused. This Orange County judge’s decision is extremely limited in scope, as it applies to only one bar. The bar, Lucky John's in Fullerton, argued that state law did not apply to it because its business has fewer than five workers.

The American Cancer Society, American Heart Association and the American Lung Association expect the decision to be overturned by a higher court, since the Orange County judge’s decision is based upon a misreading of the law. Other similar court rulings have found the law constitutional and that there is no discrimination of bar owners.

Since the smoke-free bar law went into effect, legal opinions from the California Attorney General, California Legislative Counsel, City Attorneys from Los Angeles, San Francisco and San Jose, and attorneys for the California Department of Health Services all agree that the smoke-free bar component of the smoke-free workplace law is legal and enforceable. This includes bars with five or fewer employees.

The public strongly supports laws that protect all employees in California from involuntarily breathing the toxic poisons from secondhand tobacco smoke. The American Heart Association, American Lung Association and the American Cancer Society will continue to support compliance with the Smoke-free Workplace Act to ensure that California workers are not exposed to secondhand smoke.

Recent public opinion polls reflect the public’s desire and support for smoke-free bars has grown dramatically the last three years. According to the most recent (2000) statewide Field Poll:

• 73 percent of California’s bar patrons approve of the law. This is a 24 percent increase in support from 1998 when 59 percent of bar patrons approved of the law.
   
• 91 percent of bar patrons said they are either going to bars more often or have not changed their bar-going behavior as a result of the law, a 6 percent increase from 1998.
   
• Among smokers, 73 percent said they are either going to bars more often or have not changed their bar-going behavior as a result of the law, a 26 percent increase since 1998.
   
• 75 percent of bar patrons report that having smoke-free bars is "very important" or "somewhat important." This is a 14 percent increase from 1998.