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SHOOK, HARDY&BACON REPORT ON RECENT ETS AND IAQ DEVELOPMENTS September 10, 1993 SHB

REPORT ON RECENT ETS AND IAQ DEVELOPivIENTS. - IN, THIS ISSUE - IN THE UNITED STATES PIEGI.'LATORI" AtiD LEGISLATIVE MATTERS • Five public health organizations want to file memorandum as amid . curiae in ETS Risk Assessment litigation, p. 1' • ASH sends letters to U.S: airlines seeking to keep children out of smoking,sections onn international' flights, p: 2. • Los Angeles court orders citvy clerk to v.erify petition signatures, restaurant ban may go too voters, p: 3. ETS-REL~TED LITIGATION AGAINST CIGARETTE N<l'ANUFACTI:RERS • Latest activity in Blancliard, Butler, MrKinney, and Voth, p. 4. • Two new cases: Bluirt in Texas, and Ch'ustz in Louisiana, v: 5. ETS/IAQ LITIGATION N'OT IN\'.OL\'INGI CIGARETTE iVlANl.'FACTURERS • Broin plaintiff fles ETS complaint with the Federal Elections Commission, p. 6, • Crump files petition for writ of certiorari in the U.S: Supreme Court, p: 6. • Three collective bargaining cases involving the Army, Navy and''i Marines, p. 7. LEGAL ISSUES AND DEVELOPMENTS • ASH sends letter to 50 largest corporations„ P. 9. • "Passive Smoking Ignices Active Legal' Debate,°p. U0. • Maryland attorney found guilry of assault on smoker, p. 10. OTHER DEVELOPK1ENTSWEDIA COVERAGE • Burger King franchisee bans smoking in 55 restaurants, p. 10. •"Rental Providers Seek to Limit Smoking Through Incentives," p. 111. SCI'ENTI'FICLTECHNICAL ITEMS ISSUE 55 • "Respiratory Symptoms in Young Adults Should Not Be Overlooked°", p: 12. • "Infant Feeding, Wheezing, and Allergy: A Prospective Study," p. 12. • "The Influence of Passive Smoking on~ the Fetus During Pregnancy," p. 12. IN EUROPE & AROUND THE \VORLD REGULATORl`AND LEGISLATIVE MATTERS~ • Activities in Australia, Austria, Canada, Israel, Switzerland, Thailand and the United Kingdom, p.14. ETS-REuTED LiTIGATiON INVOLViNG CIG.-1RETTE MANUFA'CTI: RERS • Report on~two-day TIA v. Woodward trial, p. 15. ETS-lZEL-\TED LITIGATION NOT IIN\'vL\'I\(; C1GARETTE MAtiL'F.ACTURERS • Settlement is reportedly reached in Wright t. Ladbrokes; p. 15. O'TiHIER' DE\"ELOP\4ENTS/''.`lED7A COVERAGE • Pretrial centres in Vancouver, Canada. institute smoking accommodation policy, p. 16. • "Passive Smoking., Have you got breathing, space?," conference to be held in the United Kingdom, p. 17. •"Pliblic Policy More Effective Than Indi- vidual Interventions in Smoking Cessation," p. 17.

- TABLE OF CONTENTS - Issue 55 September 10, 1993 IN Ti HE UNITED STATES REGULATORY AND T.EGISLATIVE MATTERS U.S... ENViRONMEN7IAL PROTECTION AGENCY(EPA)~~ [II] ETS Risk Assessment Litigation: Amici Seek Leave to File Memorandum in Support of EPA .....................................................................................1 103DCOO NGRESS. [21 Passage of Federal Building Smoking Restrictions Unlikely ..................................................... 1 U.S..OCCUFATIONALSAFETYAND HEALTH ADMINISTRATION (iOSHA) [3] ASH to Provide OSHA Complaint Forms .......................................................... .................... 2 WHITEHOUSE. [4] Administration NearingAgreemenoon Smoking Ban on InternationaliFligbrs;, ASH Sends,Letters to U,S.,Airlines and Corporations ..................................................-.....-.... 2 U.S: FEDERAL TRADE COM1tiISSION, (FTC) [5] FTC Approves Air Cleaner Measurement System ................................ ............................. 2 AS I-I RAE [6J Meeoings,Scheduled on Ventilation Stand'ard ...............................................................•....-..... 3 STATE AND LOCAL GOVERNME^7TS [7] Court Orders Los,Angeles Clerk to Verify Signatures ......................... ........ ............................. 3 [8] ETS-Relared State and'Local Legislation ................................................................................. 3 ETS-RELATED LITIGATION AGAINST CIGARETTE MANUFACTURERS [9] BGrnrhard.' Hearing on,Monions,to Transfer Venue and to Strike to be Held on September 13, 1993 ............................................................................... 4 [10] Bluitt: Case Filed'in Tyler, Texas ............................................................................................. 5 [11] Butler. Hearing on Plaintiffs' Motion forProtective OrdecScheduled ro be Held on September, 10, 1993 .......................................................................................... 5 [12] Chustz.-Case Filed'im Louisiana ............................................................................................... 5 (13] 161cKin.rey: Nevada,Supreme Court Dismisses Plaintiff s Appeal .............................................. 5 [14] Voth: Second Amended Complaint Filed .................................................................................6 ETS/3AQ LITIGATION NOT INVOLVING CIGARETTE MANUFACTURERS ELECTION HEADQUARTERS: DISABILITR`~DISCRI[e1INAT1051 [1i5] Young,r. Democratic aational Committee (Federal Elections CommissionT (Filed August 1993) .................................................................................................... ............. 6 GOVERNMENTBL'ILDING EXPOSU.RE [16] Crun:p v. Dppartmenr ofHealth and Human Services, No. 93-265 (U.S. Supreme Court) (petition for review filed May 17, 1993) ........................ ..................... 6 WORKPLACE: COLLECTIVE BARGAINING (17] Department ofthrPVavy,,Naval Computer Telecommunications Station, East.tifachias,, Maine and'Local2G35. American Federation of Governmrnr Employees;. AFL-CIO, 1993 WL 310383 ('~Fed'eral Service Impasses Panel) (d'eeided August 12, 1993) ...... 7 [ 18]' Department of the Army. Army^ Reserve Personnel Center, St. Louis, Missouri and L'ocal90Q, American Federation ofGovernmentEmpl¢yees, AFL-CIO:, 1993 %VL 317674 (Federal Service Impasses Panel) (decided August 1191 1993) .......... -.......... ' [19) United States Marine Corps, lY/ashiagton. D. C. and American Fedrration of GovernmentE-mployees. 1993 W'L 310441 (Federal',Labor Relations Aurhority) (decided Augusr, 10, 1993) .................................................................................................... .. ? WORKPLACE: FAIR. REPRESENTATION [201 John Deere Co.. Local 125: United Auto LS'orkers, 1993 WL 321785 (Office of General Counsel., National Labor Relations Board)~(decidcd July-, 29, 1993) .......... - ........................................... W WORKPLACE: PERSONAL INJURY (21] Roos v. Ally and Gargano„Inc.. 1993 Conn. Super. LEX1S 2142'(Supcrnor Court., Stamford, Connecticut) (decided August 19,,1993)' ............................ .- ............................. 8

Contents Continued, Issue 55 WORKPLACE: UNION'. REPRESENTATION (I22] AI' Green'Industries: 11993 WI. 321:784 (Office of General Counsel, National Labor Relations Board) (d'ecided July 30, 1993) ..............•.......--...-....-.•.•.•.....-....-•..-. 9'' PRISONER'CASE ['23] Gaster v. Campb'ell; 1993 UIS. App. LEXIS 22433 (U.S. Court of Appeals, Fourth Circuii)' (decided~ Septcmber 2, 1993) .......................................................................... 9 WORKPLACE: jAQI'SICK BUILDING SYN~DROME. [24] Elliot v: San Joayuin County Public Facilities Financing Corp., No. _'44i 601 (Superior Courc, San Joaquin County, California) (filed 1991; compl'aint amended June 1993) .............................................................................................. 9. LEGAL ISSUES AND DEVELOPMENTS [25) ASH Send's Letter to 50 Largest Corporations ......................................................................... 9 [2(>] "Passive Smoking Ignites Active Legal Debate,7R. Barton Conlin, Journal ofthe Massaehuserrs ,4cademy of'TrialAt¢orneys;,July 1993 .......................................... 10 (27] Lawyer Found Guilty of Assaulting,Smoker in Restaurant ..................................................... 10 ['8] "Employers' Screening Procedures Under the Americans with Disabiliries Act: What's~Legal?'uG'hat's ]llegal?,~'hat.'s Debatable,"' R.B. Firzpatrick. ALI-ABA'',Course ofStudyi EmploymenrDiscrimination and Civil Rights Actions in Federal and State Courts. June 3, 1993 ................................................. 10 OTHER DEVELOPMENTS [29]I Burger King Franchisee Bans Smoking .................................................................................. 10 (30]1 Smoking Ban for SiafAat Illinois Centers for Disabled .........................-.........-............-.......- 11 (31'J Consumer GFoup Terms Secondhand Tobacco Smoke a "Hidden H'azard" .......................... I I MEDIA COVERAGE [32] "RenrallPioviders Seek to Limit Smoking Through Incentives," Star Tribune, August 211, 1993 ................... .................................................................. .......... .1 l~ SCIENTIFIC/TECHNICAL ITEMS UPCOMING MEETINGS [33] "Vennilationiand Indoor Air Qualitv Worksbop,° Research Triangle Park, Raleigh, North Carolina, September 14'. 16, 1993 .......................... ..................... ....._........... l 1 (34] "The National Environmentall Tohacco Smoke Conference: Public Battles. Private Choices," The Hyatt Regency on Capitol Hill. Was'hinqton D.C., Dtcember, 16-17, 1993 .......................................................................... l l LUNG CANCER [35J Editorial Regarding'"Involuntary Smoking in the RestauranrVC'orkplace: A Review of Employee Exposure and Health Effects." M. Siegel„ JournaL of the Airrerican /4ledical'Association 270(4): 490-493, 1993 ..............-...-.........- 11_l' RESPIRATORY DISEASES AND CONDITIONS -- ADULTS [36]I "Respiratory Svmptoms in Young Adults Should Not Be Overlooked,"' MiS. Jaakkola, J.J.K. Jaakkola, P.,Ernst, and M.R. Becklakc, American Review of Respiratary Disease 147:,359-366, 1993 [See Appendix A) ....................... 1 2 RESPIRATORY'DISEASES AND CONDITIONS -- CHILDREN [37]' "Infann Feeding, Wheezing, and Allergy: A Prospective Study." Mi.L. Burr. OTHER HEALTH ISS E.S. Limh„M.JF Maguire, L. Amarah, B.A. Eldridge, J.C.M. La.zell. and T.G. Merrect, Archives o,fDirease in ChildhoodG8: 724-728, 1993 [See Appendix A] ............ 12 UES (38] "Predictors of Early 5chool!Failure Among Children in the United Srates.° R_5: Byrd, K.J. Roghmann„and'M_ Weiczmam American fournal ofDisevues of Children 1147(4): 459, 1993 [See Appendix A] ................................ ....................................._ 1 '_ ['39] "The Influence of Passive Smoking omthe Fetus During Pregnancy [translation],"' M. Pan, Z. Zhang, C. Wang, X. He. Z. Meng, G. Zhou, and H. Mao. China Obstetrics and Gynecology Magazine 27(6). 1992 [See Appendix A] .............................. 12

Contents Continued,, Issue 55 ETS EXPOSURE AND MONITORING [40] "Cigarette Smoke Exposure of School Childrene Effect of Passive Smoking and' Vitamin E Supplementation on Blood Antioxidant Stacus," A. Jendryczko, G. Szpyrka, J. Gruszczynski; and M. Kozowicz„/Vnoplasma 40(3)_ 199-203, 1993 [See Appendix A] ................................................................................ 13 [41] "Biological Ivtarkers of Intrauterine Exposure to Cocaine and Cigarette Smoking," G. Koren, J. Klein, R. Forman, K. Graham, and M.-K. ['han, DevnlopmentaL Pharmacology and Therapeutics l8. 228-236, 1992' [See Appendix A] .....................................1 3 [42] "Cadmium and''Lead! Levels in House Dust from Smokers'.'and'Non-Smokers' Homes Related to Nicotine Levels," S, Willers, H.O_ Hein, A. Schutz, P. Suadicanii and1F.,Gvntelberg;, lndoor E'nvironmenr 2: 14-1 8, 1993' [See Appendix A] ............................. 1 3 INDOOR AIR QUALITY [43] "Resolving IAQ Complaints with Ventilation Sysrem Operations and Maintenance (OBLIvt):," J; A. Ventresca and J.S: Shrack, Proceedings of li doar Air '9_3 6: 349-354. 1993 [See Appendix A],.... .................................................................................. 13 SMOKING POLICIES AND RELATED ISSUES [44] "Effects of a City Ordinance Regulating Smoking in Restaurants and'RetaillSrores," J. Sciacca and M. Eckrem, Journal ojCommutriry Health 18(3): 175-182„ 1993 [See Appendix A] ......... ............................................................................... .............._........................ 13 IN EUROPE & AROUND THE WORLD REGULATORY AND LEGISLATIVE MATTERS A(l'STR4LIA. ('45] Bundaberg,City Councilllncreases Smoking Restrictions ....................................................... 14 [46] Community Group Lauds City Council for Banning Smoking ............................. ................ 14 [47] Designated Smoking Areas Nixed by Ul'marra Health Committee ........................................ 14 AL:5TR114 [48] Tobacco Law Stalledlby Objections of Economics Minister .................................................. 114 CANADA [49) Ottawa Council Votes oniSmoking Regulations .......... ..._......................................... ............ 114 ISRAEL . [50] Tennis Centers Declared "No-Smoking Zones" ........................... ....._ ................................. 14 SWITZERIA~ND ................. 14 [>1] LaborLegislationton ..Procecrion'ofNonsmokers...... __. THAIL4ND ............................ 1 [52) Health Ministry to Enforce Antismoking Laws ........................................................... UNITED, KINGDOM [53] Workers Challenge Smoking Ban .................................................... .................. ....._.......... ... 1 5 ETS-RELATED LITIGATION INVOLVING CIGARETTE MANUFACTURERS AusraAUA [54j', TLA v. Stephrn Woodiuard (Supreme Court, Equit3, Division, New South Wales) (filed April 15, 1993) ...................................................... .......................... ...._......... ............. 15 ETS-RELATED LITIGATION NOT INVOLVING CIGARETTE MANUFACTURERS UNITED. ICINGDOM~ 1551 Wright v. Ladbroktr (Industrial Tribunal, Birmingham)' (decided May 27. 11993) .................. 15 OTHER DEVELOPMENTS AUSTRALIA[56] Health Aurhority Produces "Please Don't Smoke NearMe° Kits ...........................................16 [571 Queensland Warchhouse Smoking Ban Relaxed .....................................................................16 [58] Invention May Save Building Owner Litigation Fees ............................................................. . 6 (591 New South Wales Sports Club to Restrict Smoking .............................................................. 16 [60] Tobacco Growers Concerned About Smoking Bans .............................................................. 16

Contents Continued, Issue 55 BOSNIA,AND HERZEGOVINA [61]1 Smoking Bans Not a Prioriry.'in Sarajevo ............................................................................... 16 CA N i4DA [6211 Vancouver Ptctrual Centre Iimposes Smoking Restrictions ........................................•....••..-... 16. NETH'ERLANDS[63] Council'Urgcs Caution in Adopting Railway Smoking Ban .................................................. 17 NEw ZEALAND~ [64] Motel LodgcImposes Smoking Ban and Claims,Occupancy Level Up................................•. 117 UNITED KINGDOM (65] ETS Conference Scheduled imLondoni .................................................................................. 117. MEDIA COVERAGE AG'STRALI.A (66] "Public Polic)i More Effective Than Individual ]nterventions in Smoking Cessation," S., SINGAPORE [I67.] Chapman, Britir/zllfedinalJournal, August 28, 1993 ............................................................. 17 "Primary Texts to Have Don't-Smoke !vtessages,"' TlieStraiu Ti»res„August 23, 1993 .......... 17 APPENDIX A .................................................................................................... ............................. Article Summaries

SEPTEMBER 10, 1993 1 REPORT ON RECENT ETS AND IAQ DEVELOPMENTS REGULATORY AND LEGISLA.TIVE MATTERS U.S. ENVIRONMENTAL PROTECTION AGENCY (EPA) (1) ETS Risk Assessment Litigation: Amici Seek Leave to File Memorandum in Support of EPA Several public health organizations have soughr leave to file a memorand'um as amici curiae M support of the EPA's motion to dismiss the lawsuit challenging the validity of the EPA Risk Assessment on ETS. The proposed memorandum essentially urges the court to rule that the complaint is not reviewable under the Administrative Procedure Act (APA). The organiza- tions filing the motion are the American LungAssocia- oion, American Heart Association, American Cancer Society, American Public Health Association and Public Citizen. The interests to be advanced by the organizations are stated as: (i) "an, interest in seeing that the public has access to scientific data about the hazards posed by smoking, ..." and (ii) "an interest in seeing that govern, ment agencies can issue scientific reports on public health~ issues without being subjected to lawsuits seeking to invalid'ate scientific conclusions on health hazards." As a preliminary matter, the memorandum which the arnici propose to file seeks to direct the court's atten- tiom to the parts of the ETS risk assessment dealing with purported health effects of ETS on children, Amici argue that these parts of the risk assessment would not be affected by the plaintiffs' challenge to the cancer studies on which the risk assessment is based. Amici also survey other government reports about ETS and outline the steps taken by the EPA in issuing the risk assessment. Amici argue that the risk assessment was not issued as part of any regulatory proceeding to limit ETS expo- sure and! that the risk assessment does not impose any direct obligations or limitations on any of the plaintiffs. Amici characterize the risk assessment as simply one of many scientific reports issued by government agencies each year on the degree of risk posed by various substances or conditions, and argue that "the APA does not let disgruntled parties use federal courts as a vehicle to attack the issuance of government reports that impose no regulatory obligation," Amici also argue that the risk assessment, which they characterize as a mere report„does not constitute final agency action reviewable by the court. According,to the amici memorandum, the risk assessment "understates the health risks posed by ETS" and "broke no new scientific groundi" (Emphasis in original.) In this regard, amiciargue that it is unlikely the plaintiffs will be able to prove that a favorable rulingby the court would reverse any of the actions taken by government and private entities to ban smoking. The response of the tobacco industry plaintiffs to the EPA's motion to dismiss is due on September 20, 1993. Flue-Cured Tobacco Cooperative Stabilization Corporation, et a!.', v. EPAI No. 6:93CV370 (U.S. District Court, Middle District, North Carolina) (filed June 22, 1993). 11~03D CONGRESS [2]I Passage of Federal Building Smoking Restric- tions Unlikely According to a press report, a number of Congress- men are predicting that Senator Frank Lautenberg's (D-N!.J.) PRO-FEDS legislation, which was added in the Senate to a House appropriations bill (H.R. 2403)„ willl be removed from the bill in conference. The chair of the House Appropriations Committee, William Natcher (D-Ky.), is saidto oppose the smoking restric- tion amendment and to wield considerable influence over what the negotiators will decide in the conference commictee. The amendment would restrict smoking in federal buildings to areas with separate ventilation.

, During debate on the PRO-FEDS measure in the Senate, Senators Wendell Ford (D-Ky.) and Mitch McConnell (R-Ky.) criticized the EPA Risk Assessment on ETS„and McConnell argued that there is "insuff- cient science or logic to justify" adopting legislatiom that would severely restrict smoking in federal!build- ings. Senator Ford argued before the Senate that indoor air quality should not be addressed on a product-by-product basis. According to an aide for Representative James Trafhcant ('D-Ohio), who, has also ~ introduced legi'slation to restrict smoking in federal buildings (HIR. 88'1')Representative Natchersi-.ill likely prevail during confer- ence negotiations. See Star Tribune, Augusr 29; 1993. U.S. OC0:P.-1T10`AL SAFET1' .-1ND HE.-\LTH . AD\I1tiISTR-\TION (OSHA) [3] ASH to Provide OSHA Complaint Forms In the current issue of the Action on Smoking and Healrh(ASH)publication Smokinganrl'Health Rrview,. ASH advises readers that it willi soon have "official OSHA complaint forms" available to its supporters soo they may f le anonymous complaints with the agency about workplace smoking, ASH says complaints filed wi'th OSHA may "hel'p persuad'e OSHA to issue an across-the-board rule banning smoking in the work- place." ASH asserts that in complaints filed with OSHA, as opposed to ones filed under the Arttericans with Disabilities Act, the complaining party is not required to claim a "special sensitivity to tobacco smoke," and t~hae this process "is part of an escalating, ASH offensive to persuade OSHA to protect workers from~ the established'' dangers of ETS." See Smoking and Health Review, July-August 11993. WHITE HOUSE [4] Administration Nearing Agreement on Smoking Ban on International Flights; ASH Sends Letters to U.S. Airlines and Corporations The Clinton ad'ministration reportedly is hoping to conclude within months agreements with Australia, New Zealand and Canada to ban smoking on interna- tional flights involiving these countries. Similar negotia- tions are under way with~other countries, reportedly ETS/IAQ REPORT, ISSUE 55 with~a goal of smoke-free flights worldwide by 1996. See issue 50 of this Report, June 25, 19931 Last fall, a worldlairline no-smoking policy wass negotiated by the International CivillAviation Organi- zation„a branch of the United Nations. However, since that policy does not includ'e enforcement provisions, separate international smoking policy agreements must be negotiated. See USA Today, September 3, 1:993. Meanwhile, Action on Smoking,and! Health (ASH)' says it has sent„by certified mail, letters to U.S. airlines asking that they voluntarily prohibit the seating of children in smoking sections on i'nternational flights. ASH says that if the airlines do not comply, it will petition the U.S. Department of Transportation to adopt such ai rule. The Iprter apparentlyy placed ann emphasis on the contained in clk. EPA Risk Assessment on ETS: See ASH Smoking and Health Review; Jlulv-August 11993. U.S. FEDERAL TP.-\~DE ~ Co~~MIMISSIO~N (~FTC)~ [51 FTC Approves Air Cleaner Measurement System The FTC, after studying the issue for l l vears, has reportedly approved a rating,system that measures the effectiveness of air cleaner removal of ETS according to room size. The "clean-air delivery rating" (C:-1,DR) is a measure of the quantity of clean air produced by an air cleaner unit in a cubic-foot peo-minute calculation. Separaten~umbers are used to evaluate pollem dust and ETS removA but only the ETS removal was report- edly approvedl by. the FTC. The new ratings, which willlappear on seals applied to the air cleaners of participating,manufacturers begin~ ning January 1, 1994, will show the maximum air cleaning effect for ETS in a room of a specified size. The new system~w•as evidently designed to.give con- sumers a!way to evaluate the efficiency of air cleaning units. While some manu.facturers are apparently enthusiastic about the new ratings, others, criricallof the fact that the test procedures were devel'oped by afor-profit corporation, are taking issue with, the standards. See HFD -- Tlie Week'IyHome Firrnrshings 1993. Newspaper„August 9.

SEPTEMBER 10, 1993 ASHRAE [6] Meetings Scheduled on Ventilation Standard ASHRAE has scheduled a series of meetings on the revision of its Ventilation Standard 62-1989 for November 5-7, 1993, in Philadelphia, Pennsylvania. The meetings are open to Standing,Standards Project Committee 62 (SSPC 62) members who are revising the standard and! to "persons directly and materially affected by the appllcable requirements of Standard62-1989, as space allows." Further information on the meetings can be obtained from William Gene Tucker, Chairman of SSPC 62, or ASHRAE Headquarters, Standards Section, (404) 636-8400. STATE AND LOCAL GOVERti'MENTS [7] Court Orders Los Angeles Clerk to Verify Signatures On September 2„ 1993, Superior Court Judge Robert, O'Brien reportedlyy gave the Los Angeles City Clerk until Octcber 4, 1993, to verifiy, all 97,572 signatures collected by opponents of the city's restaurant smoking ban. See issue 53 of this Report, August 6, 1993. Meanwhile, city officials continue to predict that the petition drive will fall short of the 58,275 valid signa- tures required to place the matter on; the ballot. In earlv Augusr, the city clerk had invalid'ated the petition drive, based in part on a.requirement that petitions be circulkte& only by regi'stered city voters. Judge O'Brien ruled t~hat the requirement was uncon- stitutional. Thereafter,, city officials recounted a random sample of signatures and'reported that 55 percent of the signatures were valid„triggering the judge's order to verify alllof the signatures. Meanwhile, the smoking ban remains in effect. Judge O'Brien has said that„if the requisite number of signatures are verified„he has not ruled out the possi- bility of placing the matter on the November ballot. See Los Angeles Times, September, 3, 1993. [81 ETS-Related State and Local Legislation • California The California legislature, set to adjourn on September 10; 1993„has failed to take any further action on A.B. 3 13. The bill reportedly stalled in the state Senate Judiciary Committee. The measure would have banned~ smoking Mall workplaces, restaurants, malls, hotels, airports and other public places. See issue 51 of this Report, July 9, 1993, Appendix B. On August 31i„ 1993', the billldid not come to a vote amid reportedly clear indications that it would be defeated'. The committee reportedly urged Terry Friedman, (D-Encino)4 the bill's sponsor, to returni next year for a vote. The committee chair was reported to say the measure was too broad and needed further amendments. The legislature is seti to begini its next session in January 1994. See Los Angeles Times, Septem- ber li„ 1993 and Sacramento Bee, September 1, 1993. On September 1, 1993, the state Assembly approved A.B. 291 and sent it to Governor Pete Wilson (R) where it now awaits his signature. Introduced by Assemblywoman Jackie Speier (DLBurlingame), the bill prohibits smoking, in all state-owned and state-leased facilities, includino,the Capitol and all legislative o€fices„The measure al'so bars smoking within five feet of all state building entrances and within state-owned'! vehicles, including police cars. See Sacramento Bee, September 1, 1993_ A,B. 615 has been sent to the Governor for his signa- ture. The bill prohibits smoking,on the premises of child day care centers, including,private residences licensed as family day care homes during hours of operation. SeeA.B. 615,,Regular Session (1993'-9-'f)~. On August 23'. 1993, A.C.R. 58 was defeated in the Assemblv. The resolution would have required that smoking be allowed in stairwells and in, designated portions of the cafeteria in the State Capitol', building annex. SeeA.C.R. 58, Regular Session (1993-94).. • Local Governments in California Agoura Hills. According,to a news report, on Augustr 25, 1993, the city council approved an ordinance prohibiting smoking in restaurants. There was no: opposition. See Los Angeles Times, August 27, 1993'. Cal'abasas: The City Council voted 4-1 in favor ofan ordinance prohibiting smoking in stores, restaurants and' other public places. The councill indicated it might ~ seek to include workplaces. Exceptions were made for ,~. bars, bars in restaurants, hotel rooms and'tobacco ~ stores. Antismoking advocates testified, citing "well-publicized reports on the hazards" of ETS. See Los Angeles Times, September 3, ll9931

Long Beach. Referendum petitions reportedlyy were submitted on August 27. 1993, calling for a referen- dum on that citti's ordinance banning smoking in restaurants. Enforcement of the ordinance was sus- pended for verif catiom of signatures. The Long Beach City Council'' approved the ordinance in late July. See issue 53 of this Reporo, August 6, 1993. San Francisco. Supervisor Angela Alioto introduced on August 30, 1993, a resolution to bamsmoking in all San Francisco workplaces. The ban would cover interior work areas except hotel rooms and bingo parlors. Candlestick Park would also prohibit smoking. Public testimony was scheduled to be heard' on September 8. See The San Francisco ~ Chronicle, August.31, 1993. Santa Clarita: The cit}• council will consider a staff-recommendedlantismoking ordinance that would restrict smoking in restaurants and workplaces. See Los A''ngelesTimes, August26,1993.. • Florida SixteeniSmoke & Snuff tobaccoistores, a tobaccoo wholesaler and a cosmetics store owner are filing an administrative challenge to a state regulation prohibit- ing smoking in bus and raill stations, malls, airports, and universities, which is scheduled to go into effect October 1, 1993. The opponents argue that the Department of Health and' Rehabilitative Services' new rul'e illegallv expands the intent of the 1992 Florida Clean Indoor Air Act, which prohibits smoking,in the common areas of public places and workplaces, but d'oesn't mention shopping malls. The Department has reportedlti, said that the effective date of the rule will be postpone& until December 1. See Associated Press; August 27, 1993, andl other press reports. • Local Governments in Louisiana At least two government bodies have reacted to a: smokers' rights law passed by the Legislature by passing local smoking,restriction ordinances before the legisla- cion takes effect. As of September 1, 1993, locall governments cannot pass smoking laws more restrictive than the state law; which states that smoking cannot be banned! entirely in government offices or some other buildings open to nhe public. Jefferson County. On August 25, 1!993; the Jefferson Parish Council voted! to restrict smoking to people's homes and'cars, then suspended the law until January 1, ETSIIAQ REPORT;,ISSU'E 55 1995. The Councillfurther exempted restaurants, bars, nightclubs; tobacco stores, and hotels and motels from~ the law. See The Times-I'ieayune„August 26, 1993: SlidelL The City Council, on August, 24, 1993, passed an ordinance establishing smoking,regulations for all the city's municipal buildings except the police depart- ment. Mayor Sam Caruso reportedly said he will likely continue the ban:on smoking in most buildings, with the possible exception of special events where people rentt buildings from the city. See The TimesrPicayune, August 26; 1993.. • New Yo rk According to a news report, A.B, 4594 was withdrawn pursuant to an agreement between the bill's sponsor,. Michael J. Tully, Jr: and the state building manage- ment organization. They' agreed that further researchh was needed before the bill coul6 become law. As introduced on April 22„ 1993,, the bill would require owners of non-residential buildings with flbor space greater than 25,000 sq. ft. to devise and imple- ment operation and maintenance plans for HVAC systems to assure compliance with A.SHRAE standards. According to the report, Peter L. DiCapua, president of the Building Owners and Managers Association (BOh14) of New York City said that the bill is fauln~ in, "indicating that there was rerroactivin, of the maintenance standards" for all buildings throughout the staoe. Buildlings designed before 1989, the vear the ASHRAE standards -,vere promul'gated, would haveto, comply with those standards, even if they were de- signed appropriately- and safely. A lhuil'din gding might suddenly be "in violation of law" and have to retrof'it to meet the 1989 stand'ard's: See Indoor Pollution Law Report;,August 199'3: [91 ETS-RELATEDLITIGATION AGAINST CIGARETTE ivtAiv`!UFACTURERS Blancfiard Hearing on Motions to Transfer Venue and to Strike to be Held on September 13, 1993 On September 13, 1993, Judge Engelke will convene a hearing on defendants' motions to strike andl to: transfer, venue. In broad terms, the motions contend that the current venue of Galveston County, Texas, is