Effective Strategies for Repealing Pre-emption

1. Effective Strategies for Repealing Pre-emption The Louisiana Experience December 12, 2003 Rachel Shada, Assoc. Director for Tobacco Programs - Louisiana Public Health Institute Eric Vicks, Policy & Advocacy Coordinator- Louisiana Public Health Institute Lana Sonnier, Louisiana Government Relations Director – American Cancer Society Zoey Devall, Louisiana Advocacy Manager – American Heart Association

2. History of Clean Indoor Air in Louisiana • CIA Passed in 1993 • Established limited protections for: • “reasonable accommodation” of non-smokers in the workplace • Elevators and public transportation (unless posted sign to allow smoking) • Child care facilities • Enclosed areas of hospitals and schools • Excluded public places • Excluded state office buildings • Included preemptive language

3. Preemptive Language • No state agency, parish, municipality, or other political subdivision of this state may impose ordinances or regulations relating to smoking in an office workplace which are more restrictive or stringent than provided by this Part. • No state agency, parish, municipality, or other political subdivision of this state may impose ordinances or regulations related to smoking in public places which are more restrictive or stringent than provided by this Part.

4. The problem: • The 1993 Louisiana CIA was deliberately written to provide for weak protections at the state level • Preemptive language prevents local communities from passing ordinances more stringent than the state law

5. So, now what?

6. History of battle against preemption • 1993-2001: Advocates organized around Louisiana for efforts to battle preemption • Voluntaries: ACS, AHA, ALA • Attorney General • Physicians • Public Health Advocates • 2001 Legislative Session: Advocates pass preemption repeal through Senate. The bill dies in Committee on the House side • 2001: LPHI receives SmokeLess States grant (Robert Wood Johnson plus matching funds from ALA, AHA, and ACS) and establishes the Coalition for a Tobacco-Free Louisiana

7. History of battle against preemption (2) • 2002: Coalition utilizes fiscal session to identify and mobilize advocates with a successful excise tax campaign (12 cent per pack increase) • Lobbied to dedicate funding to state tobacco prevention and cessation programming • Spring 2002: Conducted poll to assess attitudes of Louisianans regarding smoking, tobacco use, tobacco excise tax and clean indoor air • Coalition Activities Summer 2002 – Winter 2003 • Strategic Planning • Coalition Membership Outreach and Recruitment • Outreach to Local and State Officials • Local Resolutions • PR and Media Campaigns • Training and technical assistance

8. Strategic Planning • Convened steering committee for a strategic planning session • Identified key competency areas for plan development and related tasks • Assigned timelines to identified tasks • Assigned staff member and steering committee representatives with responsibility for each task • Presented Strategic Plan to full Coalition for review and endorsement

9. Coalition Outreach and Recruitment Efforts • Hired 2 staff with outreach responsibilities for the state • Established a database with email capacity in which all contacts are entered • Conducted quarterly meetings of the full Coalition for updates and member training • Collaborated with Office of Public Health Tobacco Control Program grantees to identify partners in various regions of the state • Developed postcard initiative with packaged distribution to lead advocates around the state. Secured over 1000 postcards to legislators urging restoration of local control

10. Outreach to Local and State Elected Officials • Hired Policy and Advocacy Coordinator to lead statewide policy initiatives • Attended Black Mayors Association Annual Convention and secured names on Restoring Local Control Petition • Contacted State Municipal Association to assess attitudes regarding local control and attended annual convention to secure petitions • Secured petitions from alderman and council members in support of local control to lay groundwork for local ordinance campaigns • Scheduled meetings and follow up conversations with prior champions of the Preemption Repeal initiative • In collaboration with ACS and other local coalitions, secured over 30 local resolutions in favor of restoring Local Control

11. PR and Media Activities • Hired contract PR and Media Consultant • Developed a legislative session communications plan including paid print and television as well as earned media • Coordinated with Office of Public Health Tobacco Control Program to share services of national firm to develop and place media creatives • Scheduled editorial board visits in major metro areas and key legislative districts • Sponsored Gubernatorial Candidate Forum at the state health association annual conference • Scheduled airing of television and placement of print ads to coincide with key dates during bill’s movement through the legislature

12. Training and Technical Assistance • Hosted Midwest Academy training for advocates across the state • Offered trainings regarding the local control initiative at full Coalition meetings • Developed a “Local Action Kit” for restoring local control and distributed to all Coalition members • Conducted trainings to clarify what constitutes “lobbying” to reassure and prepare members receiving state and federal funding • Conducted “talking point” and advocacy training at the Capitol to prepare advocates to speak with legislators

13. And at the Capitol • Hired a contract lobbyist to lead lobbying efforts at the Capitol • Ensured presence of staff lobbyists from ACS and AHA or the Policy and Advocacy Coordinator at the Capitol daily • Developed ticksheets to monitor the status of legislator positions • Monitored activities of key opposition (tobacco, gaming, and restaurant lobbies) • Convened weekly (if not daily) meetings of the lobbying team to discuss strategies and emergent issues • Hosted legislative breakfasts and dinners with the key caucuses and committees

14. Outcome • Passage of bill making Superdome completely smoke-free • Passage of Senate Bill 901 which repealed preemption and restored local control regarding office workplaces • Exemptions in the law preventing local control for smoking policies in: • Restaurants that serve liquor • Bars • Casinos • Hotel sleeping rooms • Tobacco shops

15. Lessons Learned • Establishing a single point of contact within the Coalition for providing direction to the contract lobbyist is critical • Interview and closely monitor bill sponsors. Ensure their commitment to and understanding of the issue • Consensus on decision-making protocols must be established prior to the legislative session • Offers of compromise are inevitable in this process. Clear decision-making methods and Coalition priorities are imperative to the Coalition’s success and survival beyond the Session • It’s never too early to start • Local level support is critical to the success of statewide initiatives

16. Questions? Rachel Shada, MHR Louisiana Public Health Institute 1600 Canal Street, Ste. 1009 New Orleans, LA 70112 rshada@lphi.org 504 539-9481