You asked if any states have banned smoking in public parks, public parking lots, or other areas of public assembly. You are also interested in the most restrictive smoking laws in the country.

SUMMARY

As best we can determine, no state bans smoking in public parks or parking lots. A number of states ban or restrict smoking in other public areas such as public meetings, government buildings, arenas, restaurants, stores, and schools. Vermont, Utah, California, New York, and a few others have been particularly active. Also, many municipalities and counties have adopted smoking prohibitions and restrictions, primarily targeted at restaurants and bars. A number of towns in Massachusetts have acted in this regard.

STATES' NO-SMOKING LAWS

While it is difficult to generalize among the states and identify the "most restrictive" in regard to smoking, a few stand out. Vermont prohibits smoking in arts and cultural facilities, child care centers, elevators, gymnasiums and arenas, jury and court rooms, public transit, restaurants, restrooms, retail and grocery stores, schools, and shopping centers. Additionally, smoking restrictions are required for government buildings, health facilities, and workplaces.

Utah prohibits smoking in all the same places as Vermont except schools, where restrictions are imposed, and government buildings where no restriction or prohibition appears to be in place.

California is another strong anti-smoking state. It prohibits smoking in child care centers, elevators, government buildings, public meetings, and public transit, while smoking is restricted in arenas. Also, beginning in l998, California law required all bars, taverns, and gaming clubs to be smokefree. New York prohibits smoking in child care centers, elevators, public transit, and schools. It restricts smoking in arts facilities, government buildings, arenas, health facilities, restaurants, restrooms, stores, and the workplace.

LOCAL ORDINANCES

Some of the strictest smoking regulations can be found at the local and county levels. For example, restaurants must be 100% smokefree in Pittsfield, Chicopee, and Stockbridge, Massachusetts, and Nassau, Suffolk, and Westchester counties, New York. Boston bans smoking in all restaurants that serve food only. It also is prohibited in the dining sections of restaurants that have bars. Corvallis, Oregon has adopted an ordinance and become the first city in the state to go beyond the state's indoor smoking law and ban smoking in bars as well. (It is being challenged by the Oregon Restaurant Association as in conflict with the state law.)

Municipalities and counties requiring 100% smokefree workplaces, including restaurants, include Brookline, Greenfield, Holyoke, Northampton, and Amherst, Massachusetts, and Erie and Monroe counties, New York. (The Brookline ordinance is attached.)

Those areas with 100% smokefree workplaces, excluding restaurants, include Lowell and Williamstown, Massachusetts, and Highland Park, and Marlboro, New Jersey.

Chicago's O'Hare International, Los Angeles International, Dallas/Fort Worth International, San Francisco International, and JFK International (New York) airports are entirely smokefree indoors.

Internationally, Toronto, Ontario adopted a no-smoking by-law, effective October 8, l999, that covers a variety of settings. During the next few years, all public places will gradually become 100% smoke free. The by-law includes workplaces, restaurants and bars, entertainment lounges and nightclubs, dinner theaters, bowling centers, billiard halls, bingo halls, and casinos, and racetracks and other places under its gaming control act. (See attachment for more detail.)

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