1. How 100% Smokefree Parks and Recreational Areas Policies Benefit Your Community Essex Passaic Chronic Disease Coalition September 24, 2012 1

2. Presenters: Cindy Meakem, CHES Coordinator, Center for Prevention and Counseling cindy@centerforprevention.org (973) 383-4787 Karen Blumenfeld, Esq. Executive Director, GASP karen.blumenfeld@verizon.net (908) 377-3900 Alan Kantz Program Manager, GASP akantz@njgasp.org (908) 273-9368 2 Important: Read the full Disclosures and Disclaimers at end of presentation. This presentation and information is not to be reproduced without the written permission of GASP, and is not to construed as legal advice.

3. Tobacco -Free for a Healthy New Jersey Tobacco-Free for a Healthy New Jersey (TFHNJ) is the statewide tobacco control effort under the New Jersey Department of Health and Senior Services' Office on Tobacco Control. TFHNJ's membership is comprised of community-based organizations with varied areas of expertise in tobacco control, prevention and cessation. GASP and Center for Prevention are TFHNJ members. 3

4. TFHNJ partners educate on policy and social change regarding tobacco exposure, use, access and prevention. Our main goals are: Decrease exposure to second- and third-hand smoke. Reduce the acceptability of tobacco use. Reduce tobacco use, especially amongst priority populations, by promoting tobacco cessation resources. Provide resources on how tobacco use and secondhand smoke exposure increase the risk of diabetes. Reduce access of tobacco to persons under age 19. Raise awareness about the need for a sustained statewide tobacco control program in New Jersey. 4 Tobacco-Free for a Healthy NJ

5. We work toward achieve all of TFHNJ's goals by serving as a resource center for health departments: Provide technical assistance on how to decrease exposure to second- and third-hand smoke, which reduces tobacco use acceptability. Provide technical assistance on reducing sales of and access to tobacco, to persons under age 19. Promote NJ’s tobacco cessation resources on our website, at presentations to public health educators and healthcare providers, to reduce tobacco use.tobacco cessation resources 5 Tobacco-Free for a Healthy NJ

6. Communicate with local, county and state policymakers (City Councils, Boards of Health, Freeholder Boards, etc.) on success stories of New Jersey's tobacco control program grantees’ projects. Facilitate Integrated Municipal Advisory Councils (IMACS) to educate on smokefree parks and recreational areas policies, and engage in dialogues with local and county policy makers, fellow public health advocates and community partners. 6 Tobacco-Free for a Healthy NJ

7. Collaboration with Public Health Professionals Smoking and tobacco use is denormalized when smoke- and tobacco-free policies take effect. The absence of tobacco use in an environment can encourage smokers to quit, keep nonsmokers from starting to smoke, and eliminate second- and third-hand smoke exposure: –Whether it is via a statewide indoor smokefree workplace and public place law, –local outdoor smokefree parks ordinances, –smokefree housing policies, –tobacco-free school campus policies, and –ordinances that restrict the use/sale of tobacco. 7

8. Coalition Collaboration County Chronic Disease Coalition members can collaborate with advocates to educate policymakers and the public on smoke- and tobacco-free outdoor environments that encourage tobacco-free living. Smoke- and tobacco-free policies positively impact the health of community members: –Help smokers quit, which benefits their family members and friends, who are no longer being exposed to second- and third-hand smoke. 8

9. NJ Data on Smoking Deaths in NJ from smoking:  11,200 NJ adults die each year from own smoking.  1,010 adult nonsmokers die each year from exposure to secondhand smoke (SHS)  168,000 NJ minors will die prematurely from smoking. Smoking-caused monetary costs in NJ:  $3.17 billion in annual health care costs directly caused by smoking.  $967 million = portion covered by NJ’s medicaid program.  $2.6 billion in smoking-caused productivity losses. Source: Campaign for Tobacco Free Kids (tobaccofreekids.org) 9

10. NJ Data on Smoking Adult smoking rate in NJ is increasing for 1 st time since 2003:  In 2008, 14.8% of NJ adults smoked  In 2009, 15.8% of NJ adults smoked 70% of the 15.8% adults in NJ who smoke want to quit. 15.8% of NJ high school students smoke (74,600). 9% of NJ high school students use smokeless or spit tobacco (cheaper than cigarettes). 9,000 NJ minors become new daily smokers each year. 17.1 million packs of cigarettes bought or smoked by NJ minors each year. 400,000 children affected by SHS in NJ homes/year.

11. Second-hand Smoke Health Concerns Secondhand smoke (SHS) is smoke exhaled by smoker, and sidestream smoke (off the tip). There is no known safe level of exposure to SHS (2006 U.S. Surgeon General’s Report). SHS is a known Class A human carcinogen. Same class as asbestos and benzene (U.S. Environmental Protection Agency). Smoking and SHS exposure are #1 cause of preventable disease/death in world. 11

12. Second-hand Smoke Health Concerns SHS aggravates and increases the risk of chronic diseases such as asthma, allergies, heart disease, lung cancer, pneumonia, emphysema, chronic bronchitis and diabetes (U.S. Centers for Disease Control). Chronic exposure to secondhand smoke is almost as deleterious to one’s health (80%), as being a pack-a-day smoker (2005 University of California, San Francisco, study published in the peer-reviewed Journal, Circulation). 12

13. U.S. Surgeon General’s 2006 Report Health effects of SHS on children: –sudden infant death syndrome –preterm delivery –low birth weight – childhood cancer risks (Ch. 5, pp. 242-243) December 2010 Surgeon General’s Report reiterates secondhand smoke concerns. Peer-reviewed studies show SHS can lead to: –An increase in fetal mutation –Increased risk of miscarriage 13

14. Tobacco Cessation Resources NJ QUITLINE: FREE smoking cessation quitline service to help NJ smokers who are age 18+. Sponsored by the NJ State Department of Health. 1-800-QUIT-NOW. Brochures English and Spanish available to general public directly, and to public health professionals to share with the public. Distribute tobacco cessation resources to health department’s employees, at local health fairs. Find private tobacco cessation services, some at reduced or no-cost based on income. FREE federal tobacco cessation services information on GASP website. Includes military quit services. Go to http://njgasp.org/quit_tobacco.htmhttp://njgasp.org/quit_tobacco.htm

15. Let’s talk about smokefree outdoor policies… 15

16. Smokefree Outdoor Policies 1.All municipal and county parks and recreational areas 100% tobacco-free or smokefree. 2.All outdoor municipal property that surrounds municipal buildings 100% tobacco-free or smokefree. 3.Street fairs, festivals and parades 100% tobacco-free or smokefree. 4.Outdoor smokefree dining. 16

17. NJ State law on outdoor smoking Smoke cannot waft or migrate from outdoors, into a public place or workplace, per 2007 NJDHSS Regulations (NJAC 8:6-2.3):  Exterior area of indoor public place or a workplace (a) … smoking is prohibited at an exterior area if smoking in the exterior area results in migration, seepage, or recirculation of smoke to an indoor public place or a workplace at which smoking is prohibited. http://njgasp.org/nj_admin_code.pdf 17

18. NJ State law on outdoor smoking Violations can occur when secondhand smoke wafts from outside to inside a public place or workplace:  Outside of entrances, exits, windows of a government buildings, office buildings, malls, multi-unit housing buildings.  At outdoor areas of restaurants, bars and clubs, wafting into the interior of these and neighboring 100% smokefree public properties or workplaces. 18

19. NJ State law on outdoor smoking –The 2006 New Jersey Smoke-Free Air Act (NJSFAA) prohibits smoking outdoors on all public and private K-12 school grounds (NJS 26:3D-58 at http://www.njgasp.org/sfaa_2010_w-ecigs.pdf, and NJAC 8:6-7.1 and 2 at http://njgasp.org/nj_admin_code.pdf). http://www.njgasp.org/sfaa_2010_w-ecigs.pdf, http://njgasp.org/nj_admin_code.pdf –The 2007 NJ Department of Health Regulations require that playgrounds, and recreational places owned by towns, private entities or individuals, be 100% smokefree, when a school district has exclusive use of a portion of such land. N.J.A.C. 8:6-7.2(b)(3). http://njgasp.org/nj_admin_code.pdf)http://njgasp.org/nj_admin_code.pdf 19

20. Need to Change Societal Norms on Outdoor Smoking Smoking outside sends mixed messages to children: ok to smoke outside but not indoors. Message needs to be clear: No safe level of secondhand smoke or smoking, whether indoors or outside. 90% of smokers start before age 18. Need to lead by example. Tobacco industry spends more than $200 million in NJ each year, marketing their products. Need leadership in public health to counteract. 20

21. Health Concern: Concentrated levels of SHS outdoors at a cafe can equal SHS levels inside smoking-permitted venues! Response: Scientific studies conclude the need to be at least 23 feet from SHS, when outdoors. 100% smokefree outdoor policies protect people especially those who are susceptible to secondhand smoke – kids, elderly, breathing disabled, heart patients, etc. – from all outdoor SHS. 21 Why Smokefree Outdoor Areas?

22. Environmental concerns about tobacco litter:  Aquatic life harmed, pollutes waters.  Cigarette filters are NOT biodegradable, clogging sewer systems, etc.  #1 type of beach litter is cigarette butts, per Clean Water Council, #2 is tobacco litter (wrappers, lighters, etc.) Small children and pets ingest tobacco butts:  Harmful if the toxic butts are eaten.  Pets can develop respiratory infections, lung inflammation or asthma when breathing in SHS. 22

23. Reduce clean-up costs:  Tobacco waste is often the most common form of litter.  Less litter means reduced clean- up/maintenance costs that communities incur. Fire prevention:  Cigarette butts, lit matches and other tobacco waste start outdoor wildfires. Engage community youth:  Do a butt clean-up in a park  Adopt-a-Park 23 Why Smokefree Outdoor Areas?

24. 2009 Americans with Disabilities Act Amendment Act (ADAAA) Amended in January 2009 to now allow for:  Perceived disabilities  Intermittent disabilities Person who is breathing disabled permanently, or temporarily brought on by SHS exposure, cannot be discriminated against. Smokefree parks and recreational areas help with cities being compliant on municipal property with the federal ADAAA. 24

25. TREND: 100% Smokefree Recreational Areas NYC’s law took effect May 2011 – requires all outdoor recreational areas under the city’s dept of parks and recreation to be 100% smokefree. NJ state bill introduced again in new 2012-13 legislative session for 100% smokefree municipal, county and state outdoor parks and recreational areas. NJ Towns and counties are banning smoking in recreational areas – in parks, playgrounds, on beaches, boardwalks, etc. 25

26. Local Laws Restricting Outdoor Smoking in NJ As per NJSA 26:3D-63, municipalities and counties can enact laws that are equivalent to stronger than the State’s Smokefee Air Act. More than 155 municipalities and 9 counties in New Jersey restrict smoking outdoors, near government buildings, and in parks, playgrounds, etc. –77 towns have 100% smokefree parks/other recreational areas –53 towns require partial restrictions on smoking in parks/other recreational areas –35 towns created smokefree setbacks from town/county buildings Data collected by GASP. See http://www.njgasp.org/sfaa_2010_w-ecigs.pdfhttp://www.njgasp.org/sfaa_2010_w-ecigs.pdf 26

27.  4 towns in Essex County have 100% smokefree parks and recreation areas.  4 towns in Essex County have partially smokefree parks.  3 towns in Essex County ban smoking within a set footage from municipal building entrances and/or building perimeters. Data collected by GASP 27 Local Laws Restricting Outdoor Smoking in Essex County, NJ

28.  13 towns in Passaic County have 100% smokefree parks and recreation areas.  1 town in Passaic County has partially smokefree parks.  5 towns in Passaic County ban smoking within a set footage from municipal building entrances and/or building perimeters. Data collected by GASP 28 Local Laws Restricting Outdoor Smoking in Passaic County, NJ

29. FREE SIGNS!! GOOD NEWS UPDATE: FREE signage from the NJ State Dept of Health, while supplies last !! Includes FREE customized stickers with ordinance number. Experience shows that 100% smokefree signs help to ensure self- enforcement. 29

30. DISCLAIMERS AND DISCLOSURES Copyright 2012 New Jersey GASP. All rights reserved. This presentation is prepared for the use of New Jersey GASP, and may not be redistributed, retransmitted or disclosed, in whole or in part, without the express written consent of New Jersey GASP. Any unauthorized use or disclosure of this presentation is prohibited. This presentation has been prepared for a general audience, and provides general information only. The information contained herein was obtained from various sources and New Jersey GASP does not guarantee its accuracy. New Jersey GASP makes no representation and assumes no responsibility or liability for the accuracy or completeness of, or any errors or omissions contained in this presentation. The information presented in presentation is not intended as, nor to be construed or used as legal advice. Such information is not a full and exhaustive explanation of the law in any area, and should not be used to replace the advice of your legal counsel for the for the specific circumstances of your matter. 30