Smoke-Free By-laws - Health Necessity and Good Economics

Smoke-Free By-laws - Health Necessity and Good

Economics

Smoke-Free By-laws - Health Necessity and Good

Economics

By-laws in OntarioBy-laws in Ontario

• + 250 municipalities have by-laws (~950)

• + 50% of population• Most are “Silver’ Standard - DSA’s

(‘magic’ line on the floor), DSR’s (glass aquarium), exemptions for adult sites.

• Trend - “Gold” Standard - 9 Cities100% Smoke-Free

Ottawa, Waterloo, Guelph, Cornwall etc.

• + 250 municipalities have by-laws (~950)

• + 50% of population• Most are “Silver’ Standard - DSA’s

(‘magic’ line on the floor), DSR’s (glass aquarium), exemptions for adult sites.

• Trend - “Gold” Standard - 9 Cities100% Smoke-Free

Ottawa, Waterloo, Guelph, Cornwall etc.

RationaleRationale

Emerging science on harm of second-hand smoke

• US - EPA ‘93, Ont. Medical Assoc. ‘96,Thunder Bay District Board of Health -Smoke-Free Resolutions in ‘96, ’98Cost effectiveness of intervention1) Evaluated as a “Best Practice” 2) Population-wide protection 3) Self-Enforcing 4) More $ back faster

Emerging science on harm of second-hand smoke

• US - EPA ‘93, Ont. Medical Assoc. ‘96,Thunder Bay District Board of Health -Smoke-Free Resolutions in ‘96, ’98Cost effectiveness of intervention1) Evaluated as a “Best Practice” 2) Population-wide protection 3) Self-Enforcing 4) More $ back faster

Tobacco’s Toll -District of Thunder Bay

Tobacco’s Toll -District of Thunder Bay

• This year 85 men and 59 women and their families will learn that they have lung cancer;

• 98 will die of lung cancer (one third of all cancer deaths in the district)

• 124 will die of respiratory diseases;• 532 will die from circulatory diseases;• More than 4889 hositalizations for

lung and circulatory problems.

• This year 85 men and 59 women and their families will learn that they have lung cancer;

• 98 will die of lung cancer (one third of all cancer deaths in the district)

• 124 will die of respiratory diseases;• 532 will die from circulatory diseases;• More than 4889 hositalizations for

lung and circulatory problems.

Short Term - ETSShort Term - ETS

• 30 minutes exposure de-tunes the heart of the healthy non-smoker

• Becomes like the ‘sluggish’ heart of a smoker - JAMA, Vol. 286 No. 4, July 25, 2001

• 30 minutes exposure de-tunes the heart of the healthy non-smoker

• Becomes like the ‘sluggish’ heart of a smoker - JAMA, Vol. 286 No. 4, July 25, 2001

Long Term - ETSLong Term - ETS• Asthma

aggravation, bronchitis &pneumonia deaths, cancers, decreased lung function, heart disease and stroke

• Plus, you & your clothes always stink.

• Asthma aggravation, bronchitis &pneumonia deaths, cancers, decreased lung function, heart disease and stroke

• Plus, you & your clothes always stink.

Long Term # 2Long Term # 2

• New Research - “26 occupational smoker years doubles cancer risk” - International Journal of Cancer, July 2001

Exposed to one smoker x 26 years = 2 xTwo smokers x 13 years = 2 x risk13 smokers x 2 years = 2 x riskOne bartender and 26 smoking

customers = x 2 cancer risk in one year!

• New Research - “26 occupational smoker years doubles cancer risk” - International Journal of Cancer, July 2001

Exposed to one smoker x 26 years = 2 xTwo smokers x 13 years = 2 x risk13 smokers x 2 years = 2 x riskOne bartender and 26 smoking

customers = x 2 cancer risk in one year!

Physicians StatementPhysicians Statement

Health NecessityHealth Necessity

Second-Hand Smoke• Third Leading Cause of Preventable

Death• Non-smokers are injured by same

diseases and conditions as active smokers - cancer, heart disease & respiratory problems

• Toll - 24 to 36 deaths in N.W.O. (How would we respond if this toll was a yearly

school bus tragedy …?)

Second-Hand Smoke• Third Leading Cause of Preventable

Death• Non-smokers are injured by same

diseases and conditions as active smokers - cancer, heart disease & respiratory problems

• Toll - 24 to 36 deaths in N.W.O. (How would we respond if this toll was a yearly

school bus tragedy …?)

Legal IssuesLegal Issues

• Smoke-free By-laws are legal - 17 challenges, all turned down

• Most recent court cases; Toronto, Waterloo & Ottawa

• Hospitality industry pays the court costs.!

• Liability - Bar Worker - Throat cancer after 11 years = $466,000 Au.

Waiter - Heart disease after 5 years = $86,000 US

• Smoke-free By-laws are legal - 17 challenges, all turned down

• Most recent court cases; Toronto, Waterloo & Ottawa

• Hospitality industry pays the court costs.!

• Liability - Bar Worker - Throat cancer after 11 years = $466,000 Au.

Waiter - Heart disease after 5 years = $86,000 US

Northwestern OntarioNorthwestern Ontario

• Fifteen Years Effort• Yes - Changes in Public Attitude• Limited Legislative Impact

– “Blue Collar, Lunchbox” Towns – Councils don’t decide by science!

• Small Towns Lead - Ear Falls - 100% Schreiber, Terrace Bay & Timmins

• Fifteen Years Effort• Yes - Changes in Public Attitude• Limited Legislative Impact

– “Blue Collar, Lunchbox” Towns – Councils don’t decide by science!

• Small Towns Lead - Ear Falls - 100% Schreiber, Terrace Bay & Timmins

History - Thunder BayHistory - Thunder Bay

• Smoke-Free Space Committee- 1985 / 86 -

• Public Opinion Survey N = 903

82% - Yes to regulation89% - Yes to non & smoking

sections• Thunder Bay Council passes By-

law - nibbled to death over six months !

• Smoke-Free Space Committee- 1985 / 86 -

• Public Opinion Survey N = 903

82% - Yes to regulation89% - Yes to non & smoking

sections• Thunder Bay Council passes By-

law - nibbled to death over six months !

- G.A.A.S.P. -Getting Active About Smoking

Passively

- G.A.A.S.P. -Getting Active About Smoking

Passively

• Tobacco Free Thunder Bay - ‘95-’97

• Pre & Post Public Opinion Surveys57% - 100% all smoke-free32% - 100% some but not all10% - No to any By-law N = 382

• General Public - Changes in attitude & behaviour

City Council - No Action

• Tobacco Free Thunder Bay - ‘95-’97

• Pre & Post Public Opinion Surveys57% - 100% all smoke-free32% - 100% some but not all10% - No to any By-law N = 382

• General Public - Changes in attitude & behaviour

City Council - No Action

Smoke-Free Spaces - 1997Survey by Northwestern H.U.

Smoke-Free Spaces - 1997Survey by Northwestern H.U.

• Residents of Kenora-Rainy RiverN = 384

64% - all enclosed spaces smoke-free

Would use more / same lessRestaurants 80% 16.7%Bars 40.4% 15.4%Bingo 36.7% 8.3%

• Residents of Kenora-Rainy RiverN = 384

64% - all enclosed spaces smoke-free

Would use more / same lessRestaurants 80% 16.7%Bars 40.4% 15.4%Bingo 36.7% 8.3%

Latest Public Opinion Surveys

Latest Public Opinion Surveys

• Thunder Bay Health and Safety Survey - Statistics Canada - Feb.1998

Support a by-law either 100% smoke-free or separately vented room?

72% - Agreed22% - Disagreed 6% - No opinion N = 556

• Thunder Bay Health and Safety Survey - Statistics Canada - Feb.1998

Support a by-law either 100% smoke-free or separately vented room?

72% - Agreed22% - Disagreed 6% - No opinion N = 556

Nipigon Smoke-Free - SurveyNipigon Smoke-Free - Survey

2002 Nipigon/Red Rock/Dorion-Hurkett Tobacco By-Law Survey:

All Respondents

0

10

20

30

40

50

60

70

80

90

100

Per

cen

t

All three towns 97.3 83.8 63.0 93.1 81.6 24.7

Second-hand smoke

hazardous?

In favour of

restaurant by-law

In favour of bar by-

law

If DSR, go out more

or same

If smoke-free, go out

more or sameDo you smoke?

Thunder Bay - Advisory

Committee on a Smoke-Free By-

law

Thunder Bay - Advisory

Committee on a Smoke-Free By-

law

• Chaired by the Manager of Licensing & Enforcement

• One City Councillor - Lawrence Timko

• Each Hospitality Sector has one rep. plus 4 Health Reps.

• Report by Sept. 2002

• Based on Sudbury’s experience

• Chaired by the Manager of Licensing & Enforcement

• One City Councillor - Lawrence Timko

• Each Hospitality Sector has one rep. plus 4 Health Reps.

• Report by Sept. 2002

• Based on Sudbury’s experience

Thunder Bay - ConsensusThunder Bay - Consensus

• It’s a health issue• It’s a workplace issue - Don’t

centre out the hospitality sites. • Level Playing Field - “We can live

with a by-law if it’s the same for all.”• Phase-in - Businesses become

accustomed to smoke-free regulation• 100% Smoke-Free is the goal.!

• It’s a health issue• It’s a workplace issue - Don’t

centre out the hospitality sites. • Level Playing Field - “We can live

with a by-law if it’s the same for all.”• Phase-in - Businesses become

accustomed to smoke-free regulation• 100% Smoke-Free is the goal.!

Regional:Schreiber & Terrace BayRegional:Schreiber & Terrace Bay

• Smoke-Free 2000 Committee - 5 Doctors & 1 Dentist - 2 1/2 years education & lobbying

• Smoke-Free Question on Nov. 2000 Municipal Election - (Under Bill 62 if majority support Council must implement.)

• Focus on sites used by children & families.

• April 30th, 2001 - Restaurants and rented facilities smoke-free. Bars etc. no one under 18 allowed.

• Smoke-Free 2000 Committee - 5 Doctors & 1 Dentist - 2 1/2 years education & lobbying

• Smoke-Free Question on Nov. 2000 Municipal Election - (Under Bill 62 if majority support Council must implement.)

• Focus on sites used by children & families.

• April 30th, 2001 - Restaurants and rented facilities smoke-free. Bars etc. no one under 18 allowed.

Schreiber & Terrace BaySchreiber & Terrace Bay

Billboards• Four billboards to increase restaurant

traffic especially summer tourist trade.- One approx.. three hours away and the

second within one hours driving time both east and west of the two communities.

• A work in progress - The billboards will be selling the idea of smoke-free year-round.

Billboards• Four billboards to increase restaurant

traffic especially summer tourist trade.- One approx.. three hours away and the

second within one hours driving time both east and west of the two communities.

• A work in progress - The billboards will be selling the idea of smoke-free year-round.

Kenora - Rainy RiverKenora - Rainy River

Northwestern Health Unit’s different approach

• Postcards to 30,000 households• + 20% positive return (Wow!)• Ultimatum > 19 Municipalities - Have

a plan for 100% smoke-free by May 31 or “Closure Orders” issued under Health Protection Act

• Ear Falls passes 100% By-law - April ‘02

Northwestern Health Unit’s different approach

• Postcards to 30,000 households• + 20% positive return (Wow!)• Ultimatum > 19 Municipalities - Have

a plan for 100% smoke-free by May 31 or “Closure Orders” issued under Health Protection Act

• Ear Falls passes 100% By-law - April ‘02

The Issues # 1The Issues # 1

Public Space versus Private Space• Strong belief among owners /

managers “My Business, my space.., I decide. Don’t tell me what to do.”

• Minority support among public.• FACT - In law all restaurants / bars,

etc. are “public spaces”• Municipalities can pass smoke-free

regulation - 17 court cases support

Public Space versus Private Space• Strong belief among owners /

managers “My Business, my space.., I decide. Don’t tell me what to do.”

• Minority support among public.• FACT - In law all restaurants / bars,

etc. are “public spaces”• Municipalities can pass smoke-free

regulation - 17 court cases support

The Issues # 2The Issues # 2

Mixed Use Facilities • Roadhouses; Both a restaurant &

bar depending on time of night.• Level Playing Field - Concern by all

owners - A bar with smoking…, ups food service and scoops business from non-smoking restaurants.

• Yet public sees bars as ‘different’.

Mixed Use Facilities • Roadhouses; Both a restaurant &

bar depending on time of night.• Level Playing Field - Concern by all

owners - A bar with smoking…, ups food service and scoops business from non-smoking restaurants.

• Yet public sees bars as ‘different’.

Issues # 3Issues # 3D.S.R. - Designated Smoking Rooms -

Separately ventilated, enclosed, smoking areas • Pro - Allows smoking on-site• Con - Employees still exposed

Are children allowed?Small business costs high

Some cities allow and others require 100% smoke-free as final step.

D.S.R. - Designated Smoking Rooms - Separately ventilated, enclosed, smoking areas

• Pro - Allows smoking on-site• Con - Employees still exposed

Are children allowed?Small business costs high

Some cities allow and others require 100% smoke-free as final step.

Issues # 4Issues # 4

Economic Impact• No objective evidence of city-wide

decline in profit - revenue neutral • Often slight increase due to

ordering more meals vs. drinks• Transition - Victoria - First month

down , by third month alcohol sales back with 100% smoke-free by-law. (year end - revenue & staff up)

Economic Impact• No objective evidence of city-wide

decline in profit - revenue neutral • Often slight increase due to

ordering more meals vs. drinks• Transition - Victoria - First month

down , by third month alcohol sales back with 100% smoke-free by-law. (year end - revenue & staff up)

#4b#4b

• Ottawa -100% smoke-free in Sept. ‘01KPMG Accountants - Sept. to Nov. ‘01

• Hospitality employment 6.5%• Unemployment Insurance 9% Oct.• Bankrupts down over previous yearOttawa Sun Poll Dec. ‘01

Go out more to Bars / Restaurants 30%Go out less…., 17% Same…., 53%

• Ottawa -100% smoke-free in Sept. ‘01KPMG Accountants - Sept. to Nov. ‘01

• Hospitality employment 6.5%• Unemployment Insurance 9% Oct.• Bankrupts down over previous yearOttawa Sun Poll Dec. ‘01

Go out more to Bars / Restaurants 30%Go out less…., 17% Same…., 53%


Ventilation Solution - Choice“Modern technology will solve..,”• Tobacco Industry initiative to

protect market share. (8%~14%)• Funding Restaurant Association

and third party front groups• $800,000 to Ont. Rest. Assoc.• No independent scientific

organization backs ventilation.

Ventilation Solution - Choice“Modern technology will solve..,”• Tobacco Industry initiative to

protect market share. (8%~14%)• Funding Restaurant Association

and third party front groups• $800,000 to Ont. Rest. Assoc.• No independent scientific

organization backs ventilation.


Casinos - Under provincial legislation - Some cities include.

Legions - “They fought the war so they can smoke in peace”

Country / Curling Clubs - Yet, if it walks like a duck, is it a duck?

Economic Exemptions - Good theory but most cities chose not to.

Casinos - Under provincial legislation - Some cities include.

Legions - “They fought the war so they can smoke in peace”

Country / Curling Clubs - Yet, if it walks like a duck, is it a duck?

Economic Exemptions - Good theory but most cities chose not to.

Key ElementsKey Elements• Level Playing Field - Restaurants &

Bars need same regulation.• Simple, straight forward rules (not like

Windsor’s multi-categories)• Short Phase-in - Six months or up to a

year for an interim by-law• Bars - Check for first nine months• Public Communication vital

Wonder why it took so long…!!

• Level Playing Field - Restaurants & Bars need same regulation.

• Simple, straight forward rules (not like Windsor’s multi-categories)

• Short Phase-in - Six months or up to a year for an interim by-law

• Bars - Check for first nine months• Public Communication vital

Wonder why it took so long…!!

Smoke-Free By-laws - Health Necessity and Good Economics

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