Costs and Consequences of Clean Indoor Air Exemptions: Oregon's Story

Audience:

Information in this presentation will benefit tobacco control advocates working on clean indoor air legislation. 

Key Points:

In January 2009, Oregon’s amended Indoor Clean Air Act (ICAA) took effect. This legislation prohibits smoking in almost all indoor workplaces and public places with the exception of cigar bars and smoke shops that are certified by the Oregon Tobacco Prevention and Education Program (TPEP).

Though legislators intended the smoke shop exemption for tobacco retail stores, the statutory definition of smoke shop was broad enough to cover hookah lounges as well. Most (29 out of 46) smoke shop applications have been from hookah lounges.

The proliferation of hookah lounges was concurrent with increased youth hookah smoking in counties where lounges opened.

TPEP expenses to certify cigar bars and smoke shops averaged $5,000 per application. Expenses include legal fees, staff time, and application processing. Since TPEP receives no additional funding for certifying businesses, these expenses reduce the amount available for other tobacco control efforts.

Exemptions cost money. States may end up using a great deal of resources to implement exemptions written for a small number of businesses. When laws are passed with exemptions, it is important that definitions be specific to avoid unintended consequences.

Educational Experience:

The audience will learn key points through oral presentation; visual displays of graphs, tables and text; and active dialogue.

Benefits:

Understanding that exemptions in legislation can be associated with large costs and consequences. Gain knowledge about the importance of avoiding exemptions in this type of legislation.