Overview
Statewide bans on smoking in all general public places
As of November 2009, 24 states have enacted statewide bans on smoking in all enclosed public places, including bars and restaurants: Arizona, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Iowa, Maine, Maryland, Massachusetts, Minnesota, Montana, Nebraska, New Jersey, New Mexico, New York, Ohio, Oregon, Rhode Island, Utah, Vermont, Washington, and Wisconsin (effective July 5, 2010). Still, all but Utah, Vermont, and Washington exempt tobacconists, and many also exempt or do not cover casinos, private clubs, and/or cigar bars. In Connecticut, Oregon, Montana, Utah, and Wisconsin, the state law preempts local governments from enacting stricter smoking bans than the state, though some cities and/or counties in some of those states have enacted local versions of the state's smoking ban. In the other 19 states with a statewide general smoking ban, some cities and/or counties have enacted stricter local smoking bans to varying degrees.
Statewide smoking bans exempting bars
As of November 2009, 7 states ban smoking in most enclosed public places, but permit adult venues such as bars (and casinos, if applicable) to allow smoking if they choose: Arkansas, Florida, Louisiana, Nevada, Pennsylvania, North Dakota, and Tennessee. In Florida, Pennsylvania, and Tennessee, state law preempts local governments from enacting stricter smoking bans than the state, though in the other five states, some cities and/or counties have enacted stricter local smoking bans to varying degrees.
Unique statewide smoking bans
As of November 2009, six states have enacted smoking bans in particular places that do not fit in the other categories:
- Georgia bans smoking in restaurants where persons under 18 years of age may enter, but allows most anywhere else either to designate smoking areas indoors or allow smoking freely; local governments in Georgia can and have passed stricter smoking bans than the state.
- Idaho bans smoking in restaurants, but exempt both bars (which can be 100% smoking) and small workplaces (which can have a designated smoking area); local governments in Idaho can regulate smoking more strictly than the state.
- New Hampshire bans smoking in restaurants and bars, schools, and certain common areas open to the public, but not anywhere else, and state law prohibits local governments from enacting local health-based smoking bans.
- North Carolina (effective January 2, 2010) bans smoking in all restaurants and bars (excluding cigar bars and private clubs), as well as government buildings and vehicles, but does not regulate smoking anywhere else. Local governments may regulate smoking more strictly than the state beginning July 5, 2009, except in the places exempted from the state law, tobacco shops, private residences/vehicles, designated hotel/motel smoking rooms, and theatrical performances involving smoking.
- South Dakota generally bans smoking in all enclosed workplaces, but exempts all bars, restaurants, retail tobacco stores, hotel/motel rooms, liquor stores, and casino gaming floors. The South Dakota law prohibits local governments from regulating smoking more strictly than the state.
- In Virginia, smoking is banned in schools, state offices and certain healthcare facilities and common areas, but not anywhere else; in restaurants (including bars), smoking is relegated to separately-ventilated designated smoking rooms. The state law prohibits local governments from regulating smoking more strictly than the state.
States with no statewide smoking ban
As of November 2009, 13 states have not enacted any general statewide ban on smoking in any non-government-owned spaces: Alabama, Alaska, Indiana, Kansas, Kentucky, Michigan, Mississippi, Missouri, Oklahoma, South Carolina, Texas, West Virginia, and Wyoming. Instead, laws in most of these states (see individual state listings below for further information) require proprietors of certain places to designate smoking and non-smoking areas and post signage. In Oklahoma, state law prohibits local governments from regulating smoking more strictly than the state, making it the only state without any kinds of legislated smoking bans. In Michigan, per a 2001 court decision, local governments have no power to ban smoking in restaurants and bars. In all the other eleven states, some cities and/or counties have enacted local smoking bans to varying degrees, and in Michigan some cities and counties have enacted local smoking bans excluding bars and restaurants.
Smoking laws and non-states
In the District of Columbia and Puerto Rico, smoking is banned in all enclosed public places, including bars and restaurants. Guam prohibits smoking in restaurants, but the ban doesn't extend to workplaces, or any other businesses. American Samoa, the Northern Mariana Islands, and the United States Virgin Islands have no ban on smoking covering general workplaces, restaurants or bars.
Smoking bans and the U.S. federal government
Although Congress has not attempted to enact a general nationwide federal smoking ban in workplaces, several federal regulations do concern indoor smoking. Effective April 1998, smoking is banned by the United States Department of Transportation on all commercial passenger flights in the United States, and/or by American air carriers. On August 9, 1997, President Bill Clinton issued Executive Order 13058, banning smoking in all interior spaces owned, rented, or leased by the Executive Branch of the Federal Government, as well as in any outdoor areas under executive branch control near air intake ducts.
Smoking laws of the United States by state
Alabama
- No statewide smoking ban. Instead, Alabama's 2003 statewide smoking law, the Alabama Clean Indoor Air Act, generally prohibits smoking in public places and public meetings unless a smoking area is designated that in certain places must be "enclosed and well ventilated." Warning signs must be posted appropriately. Bars, lounges, retail tobacco stores, limousines under private hire, designated hotel/motel smoking rooms, and psychiatric facilities are entirely exempt from the Act's regulation. Local governments may regulate smoking more stringently than the Act. In May 2008, a bill to enact a statewide smoking ban failed before the Alabama Legislature. In April 2009, another bill to enact a statewide smoking ban was withdrawn by its author when the Alabama Senate amended it to allow smoking in bars, the bar sections of restaurants, dog tracks, and gambling halls.
- Localities in Alabama with smoking bans that include all bars and restaurants (17 total) :
- Atmore, banned in all enclosed workplaces, including bars and restaurants
- Auburn, October 2006, banned in bars and restaurants, but not other workplaces
- Bayou La Batre, banned in all enclosed workplaces, including bars and restaurants
- Citronelle, banned in all enclosed workplaces, including bars and restaurants
- Daphne, banned in all enclosed workplaces, including bars and restaurants
- Decatur, banned in all enclosed workplaces, including bars and restaurants
- East Brewton, banned in all enclosed workplaces, including bars and restaurants
- Fairfield, banned in bars and restaurants, but not other workplaces
- Flomaton, banned in all enclosed workplaces, including bars and restaurants
- Gulf Shores, banned in all enclosed workplaces, including bars and restaurants
- Headland, banned in bars and restaurants, but not other workplaces
- Homewood, banned in bars and restaurants, but not other workplaces
- Luverne, banned in bars and restaurants, but not other workplaces
- Orange Beach, banned in all enclosed workplaces, including bars and restaurants
- Oxford, banned in all enclosed workplaces, including bars and restaurants
- Phenix City, banned in all enclosed workplaces, including bars and restaurants
- Talladega, banned in all enclosed workplaces, including bars and restaurants
- Localities in Alabama with smoking bans that do not include all bars and restaurants (12 total) :
- Bay Minette, banned in all restaurants, but not bars or other enclosed workplaces
- Birmingham, banned in all restaurants, but not bars or other enclosed workplaces
- Center Point, banned in all enclosed workplaces, exempting bars and restaurants
- Cottonwood, banned in all restaurants, but not bars or other enclosed workplaces
- Fairhope, banned in all enclosed workplaces, including restaurants but exempting bars
- Foley, banned in all enclosed workplaces, including restaurants but exempting bars
- Geneva, banned in all enclosed workplaces, exempting bars and restaurants
- Northport, banned in all restaurants, but not bars or othe enclosed workplaces
- Opelika, banned in all enclosed workplaces, including restaurants but exempting bars
- Opp, banned in all restaurants, but not bars or other enclosed workplaces
- Prichard, banned in all enclosed workplaces, including restaurants but exempting bars
- Robertsdale, banned in all enclosed workplaces, including restaurants but exempting bars
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