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NAQC Newsroom: Research

State Preemption of Local Smoke-Free Laws in Government/Private Work Sites and Restaurants

Tuesday, February 9, 2010  
State Preemption of Local Smoke-Free Laws in Government Work Sites, Private Work Sites, and Restaurants --- United States, 2005—2009
Centers for Disease Control and Prevention. MMWR. February 5, 2010 / 59(04);105-108

This report updates previous analysis on smoke-free laws in government work sites, private-sector work sites, and restaurants, and summarizes changes that occurred from December 31, 2004, to December 31, 2009, in state laws that preempt local smoke-free laws for the same three settings. During that period, the number of states preempting local smoking restrictions in at least one of these three settings decreased from 19 to 12. In contrast with the 2005 findings, this decrease indicates progress toward achieving the goal of eliminating state laws preempting local smoking restrictions. Further progress could result in additional reductions in secondhand smoke exposure. For this analysis, preemption was defined as a statute or judicial opinion that prevents local jurisdictions from enacting smoking restrictions that would be more stringent than, or different from, state law.


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