2. SMOKE-FREE BAR COMPLIANCE STRATEGIES: EDUCATION THEN ENFORCEMENT BREATH – The California Smoke- Free Bars, Workplaces and Communities Program A 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

3. BREATH NCTOH 20032 5495 Carlson Drive, Suite D Sacramento, CA 95819 * Phone: (916)739-8925 * E-mail: breath@jps.net * Website: www.breath-ala.orgbreath@jps.netwww.breath-ala.org

4. BREATH NCTOH 20033 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

5. BREATH NCTOH 20034 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

6. BREATH NCTOH 20035 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.

7. BREATH NCTOH 20036 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.

8. BREATH NCTOH 20037 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 s word

9. BREATH NCTOH 20038 Building Working Relationships With: Each Other Business Owners Law Enforcers

10. BREATH NCTOH 20039 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

11. BREATH NCTOH 200310 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.

12. BREATH NCTOH 200311 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

13. BREATH NCTOH 200312 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

14. BREATH NCTOH 200313 Shared Structure… Open a Line of Communication with: The keepers of officially reported revenue data Alcoholic Beverage Control Board Legal Advisors

15. BREATH NCTOH 200314 Working With Each Other… Shared Knowledge &Tools Understand Your Law, then use: Fact Sheets Model Protocols Individualized Strategies for Local Needs Media Campaigns

16. BREATH NCTOH 200315 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

17. BREATH NCTOH 200316 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.

18. BREATH NCTOH 200317 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.

19. BREATH NCTOH 200318 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.

20. BREATH NCTOH 200319 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

21. BREATH NCTOH 200320 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.

22. BREATH NCTOH 200321 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.

23. BREATH NCTOH 200322 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.

24. BREATH NCTOH 200323 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!

25. BREATH NCTOH 200324 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

26. BREATH NCTOH 200325 Working with Law Enforcement… Health Department’s Role Hotline Compliance Checks Notice Letter to Employer Referral to Police Department Support Volunteer Advocates

27. BREATH NCTOH 200326 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

28. BREATH NCTOH 200327 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

29. BREATH NCTOH 200328 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

30. BREATH NCTOH 200329 Working with Law Enforcement… San Francisco Model Health Department and Enforcers advocated with City Attorney to file “unfair business practice” lawsuits Health Department and Enforcers advocated with City Attorney to file “unfair business practice” lawsuits Nine lawsuits have been filed with stiff settlement penalties attached Nine lawsuits have been filed with stiff settlement penalties attached Publicized law suits and penalties Publicized law suits and penalties

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32. BREATH NCTOH 200331

33. BREATH NCTOH 200332 Today in San Francisco Nearly 95% compliance in restaurants Nearly 95% compliance in restaurants Went from 51% to 80% compliance between 1998 and 2002 in Went from 51% to 80% compliance between 1998 and 2002 in “stand-alone bars”. “stand-alone bars”.

34. BREATH NCTOH 200333 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.

35. BREATH NCTOH 200334 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

36. BREATH NCTOH 200335 Successful Enforcement Do your Homework Establish your Team Keep in Regular Contact Provide Support Share information Give Awards

37. BREATH NCTOH 200336 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

38. BREATH NCTOH 200337 THE CALIFORNIA SMOKE-FREE BARS WORKPLACES AND COMMUNITIES PROGRAM