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

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

2. By-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 Cities 100%Smoke-Free Ottawa, Waterloo, Guelph, Cornwall etc.

3. Rationale 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, ’98 Cost effectiveness of intervention 1) Evaluated as a “Best Practice” 2) Population-wide protection 3) Self-Enforcing 4) More $ back faster

4. 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.

5. Short 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

6. Long Term - ETS • Asthma aggravation, bronchitis &pneumonia deaths, cancers, decreased lung function, heart disease and stroke • Plus, you & your clothes always stink.

7. Long 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 x Two smokers x 13 years = 2 x risk 13 smokers x 2 years = 2 x risk One bartender and 26 smoking customers = x 2 cancer risk in one year!

8. Physicians Statement

9. Health 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 …?)

10. Legal 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

11. Northwestern 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

12. History - Thunder Bay • Smoke-Free Space Committee - 1985 / 86 - • Public Opinion Survey N = 903 82% - Yes to regulation 89% - Yes to non & smoking sections • Thunder Bay Council passes By-law - nibbled to death over six months !

13. - G.A.A.S.P. -Getting Active About Smoking Passively • Tobacco Free Thunder Bay - ‘95-’97 • Pre & Post Public Opinion Surveys 57% - 100% all smoke-free 32% - 100% some but not all 10% - No to any By-lawN = 382 • General Public - Changes in attitude & behaviour City Council - No Action

14. Smoke-Free Spaces -1997Survey by Northwestern H.U. • Residents of Kenora-Rainy River N = 384 64% - all enclosed spaces smoke-free Would use more / same less Restaurants 80% 16.7% Bars 40.4% 15.4% Bingo 36.7% 8.3%

15. Latest Public Opinion Surveys • Thunder Bay Health and Safety Survey - Statistics Canada - Feb.1998 Supporta by-law either 100% smoke-free or separately vented room? 72% - Agreed 22% - Disagreed 6% - No opinion N = 556

16. 2002 Nipigon/Red Rock/Dorion-Hurkett Tobacco By-Law Survey: All Respondents 100 90 80 70 60 50 Percent 40 30 20 10 0 Second-hand smoke In favour of In favour of bar by- If DSR, go out more If smoke-free, go out Do you smoke? hazardous? restaurant by-law law or same more or same 97.3 83.8 63.0 93.1 81.6 24.7 All three towns Nipigon Smoke-Free - Survey

17. 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

18. Thunder 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.!

19. Regional: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.

20. Schreiber & 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.

23. Kenora - 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

24. The 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

25. The 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’.

26. Issues # 3 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.

27. Issues # 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)

28. #4b • Ottawa -100% smoke-free in Sept. ‘01 KPMG Accountants - Sept. to Nov. ‘01 • Hospitality employment  6.5% • Unemployment Insurance 9% Oct. • Bankrupts down over previous year Ottawa Sun Poll Dec. ‘01 Go out more to Bars / Restaurants 30% Go out less…., 17% Same…., 53%

29. Issues # 5 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.

30. Issues # 6 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.

31. Key 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…!!