Ceiling Preemption: How State Laws Can Hinder Local Tobacco Control

Target Audience: Individuals at all levels of experience Key Points: an overview of the legal concept of preemption, both state and federal, and the effect of this concept on tobacco control at the state and local leve. Educational Experience: JD, MPH Benefits: attendees will be able to identify the legal concept of preemption and understand the implications of both state and federal preemption on tobacco control laws. Abstract: Ceiling preemption—the superseding of a law by a higher level of government—is particularly problematic for local tobacco control. Currently, the Centers for Disease Control and Prevention’s State Tobacco Activities Tracking and Evaluation (STATE) System lists 12 states as having some form of tobacco preemption. Preemption may curtail municipalities’ power to regulate where smoking can take place (e.g., casinos, bars, or restaurants), as well as other portions of smokefree indoor air laws including enforcement, penalties, or limits on smoking behavior (e.g., designated areas as opposed to separately enclosed and ventilated areas). Preemption is arguably the number one obstacle for communities seeking to promote healthy minds and bodies through law, by limiting the power of localities to formulate public health policies. This presentation will discuss the problem of preemption as applied to municipal smokefree air laws, including a brief history of preemption in tobacco control and some of the associated legal challenges. Both state and federal preemption will be discussed, as well as the implications of each on tobacco control legislation.