1. Public Health Prevails Over Preemption in South Carolina
Sharon Biggers, MPH, CHES, Director
Division of Tobacco Prevention and Control
Bureau of Community Health and Chronic Disease Prevention
S.C. Department of Health and Environmental Control
Sharon Biggers, MPH, CHES, Director
and
Mary-Kathryn Craft, Public Information Coordinator
Division of Tobacco Prevention and Control
Bureau of Community Health and Chronic Disease Prevention
SC Department of Health and Environmental Control

2. Tobacco Control Obstacles in South Carolina
Heavy emphasis politically and financially on tobacco growing and production
History of tobacco farming
Loopholes in S.C. Clean Indoor Air Act
Lobbying influence
Significantly below CDC recommendations for prevention funding
Lowest cigarette tax in the United States until recently
Presumed Preemption on the books (SC Code of Laws )

3. A History…
Between , 20 ordinances with varying degrees of restrictions were passed
In 1990, a weak S.C. Clean Indoor Air Act was passed to halt the steady stream of local ordinances passing around the state
The Tobacco Industry focused efforts on passage of either explicit or implied preemption to block the authority of local governments from acting on their own

4. Obstacles
In 1996, tobacco control advocates focused on strengthening the state’s Youth Access Law, seemingly to assure compliance with the federal Synar regulations
This opened up the state Clean Indoor Air law as well, and, through amendments, allowed the Youth Access bill to become a vehicle for preemption
The amendments passed with little opposition while tobacco control advocates were attending the ASSIST Annual Action Planning Conference

5. Obstacles
As a result, tobacco control advocates did not pursue any action on smoke-free air laws between 1996 and 2003
Question About Preemption
Clean Indoor Air Act vs. Youth Access?
Ambiguity made advocates and municipalities uncomfortable with opening themselves up to potential lawsuits
Responsibility Issues

6. The Tipping Point Surgeon General’s Report, June 2006
Sullivan’s Island, July 2006

7. In July 2006: Sullivan’s Island led the way in South Carolina with the first smoke-free ordinance

8. By July 1, 2007: 10 ordinances had passed in SC

9. Smoke-free Ordinances Taken To Court
Foothills Brewing Concern v. City of Greenville
Beachfront Entertainment, Inc. v. Town of Sullivan’s Island
Did the trial court err in ruling that the ordinance is preempted by state law
and violates the S.C. Constitution?

10. S.C. Supreme Court Decisions
March 31, 2008—Foothills (Greenville case)
“The City claims that the Ordinance is a proper exercise of municipal power because it seeks to protect citizens from second-hand smoke…(municipality may enact ordinance which promotes general welfare and preserves health). We agree.”
Sullivan’s Island decision
(Sept. 2008)
Refined penalties

11. By July 2008: 15 ordinances had passed in SC

12. Local, Local, Local
After Supreme Court decision, statewide partners decided to continue local strategy
Focus on worker health
Build more local ordinances before going for a statewide law
Any tobacco related bill is a vehicle for preemption
Cigarette tax campaign going on at same time

13. Successful Strategies in South Carolina
Grassroots
Hospitals
School districts
Faith community
Recreational facilities
Large workplaces
Media advocacy
More earned media than paid

14. By July 2009: 27 ordinances had passed in SC

15. By July 2010: 33 ordinances had passed in SC: 28 city and five county covering more than 1.4 million people

16. Results Speak for Themselves
2009 Smoke-free Air Challenge Award SC
SC has won the American’s for Nonsmokers Rights “Smoke-free Air Challenge Award” two consecutive years

17. Lessons Learned Local leaders more responsive to constituent concerns
Smoke-free opponent lobbying efforts have less sway locally than at the state level
Opportunities for explicit preemption abound on state-level bills
State level smoke-free champions don’t have political strength or understanding to defeat preemption
Local is working!
Economic and Health Impact data strengthen advocates
New challenges are being presented
Tea Party Movement/Less Government/Constitutional Rights

18. What’s Next? Continue to learn from each other
Each day vs. Each Occurrence Business licenses
Continue local strategy focus on large population centers
Fight off preemption
More local ordinances on horizon
Second readings in three communities
*Irmo, Chapin and Greer