Resolution Supporting Statewide Smokefree Air Legislation
that Preserves Local Authority To Protect Public Health
Whereas tobacco use and secondhand smoke are public
health hazards, especially to children, and cause cancer,
heart disease, and respiratory disease, and are responsible,
each year, for the death of more than 53,000 nonsmokers
in the United States, including almost 2,000 in New
Jersey, and the death of more than 420,000 smokers in
the United States, including more than 11,000 in New
Jersey;
(1) Whereas tobacco use is a safety hazard, linked to increased
fires and accidents;
(2) Whereas tobacco use imposes economic costs, borne by
governments, proprietors, and nonsmokers;
(3) Whereas smokefree air policies and laws protect health
and safety, and encourage everyone, especially children,
to live healthy, smokefree lives or smoke less, and
reduce costs;
(4) Whereas New Jersey state legislation controlling tobacco
use in workplaces and public places is inadequate;
(5) Whereas the majority of New Jerseyans and other Americans
do not smoke;
(6) Whereas the majority of New Jerseyans and other Americans
support smokefree air in workplaces and public places
and the majority of Americans support local authority
to protect public health;
(7) Whereas more than 2,000 local governments throughout
the United States have passed local legislation that
restricts smoking, and the majority of other states
do not preempt local smokefree air legislation;
(8) Whereas New Jersey has a strong home rule tradition,
and its Constitution and legislation authorize local
governments to enact legislation to protect public health,
safety, and welfare;
(9) Whereas local authority to protect public health is
threatened by a powerful, nationwide campaign that seeks
legislation to preempt (eliminate) local authority to
control tobacco, and that uses lawsuits to challenge
local authority to control tobacco use;
(10) Whereas, in June 2000, the Princeton Regional Health
Commission enacted a smokefree air ordinance, was sued
by the National Smokers Alliance along with two restaurants
and a bar, and, in August 2000, the Mercer County Superior
Court ruled that New Jersey state law preempted the
Princeton ordinance;
(11) Whereas, in spite of that August 2000 Mercer County
court decision, New Jersey local governments have, since
September 2000, enacted more than 90 ordinances controlling
smoking outdoors and 15 ordinances controlling smoking
indoors, yet other New Jersey local governments report
they have not enacted legislation because of uncertainty
about their authority and fear of lawsuit;
(12) Now, therefore, be it resolved that [government unit,
organization, or other entity] supports New Jersey statewide
smokefree air legislation for all workplaces and public
places, provided such state legislation preserves local
authority to enact stronger local smokefree air legislation.
[signature, name, title, date, addrees of entity]
(1-12) For brevity, this version of this resolution
does not include footnote texts, citations, notes, etc.
A complete version, with citations, is available at
www.njgasp.org and as a printed document from New Jersey
GASP, Group Against Smoking Pollution, 105 Mountain
Avenue, Summit, New Jersey 07901; 908 273-9368; fax:
908 273-9222; email: info@njgasp.org.
SEND COPIES OF SIGNED RESOLUTIONS TO NEW JERSEY GASP
(THE PROJECT CO-ORDINATOR), AND TO THE STATE LEGISLATORS
THAT REPRESENT THE SIGNING ENTITY.