Kansas Action Center

On July 1, 2010, Kansans secured a long-awaited victory in the fight against cancer when the Kansas Indoor Clean Air Act took effect.  Passage of the Act was the result of many years of tireless dedication by clean air advocates around the state who contacted their elected officials and demanded protection from the dangerous effects of secondhand smoke.  Despite overwhelming public support for the Act, opponents of clean indoor air continue their efforts to weaken or repeal it.  In the months after the Act took effect, opponents tried unsuccessfully to challenge the Act in the court system.  With their challenge rejected by the courts, opponents will return to the Legislature to continue their efforts to weaken or repeal the Act.  As you talk to your elected officials, please keep the following in mind:

The Indoor Clean Air Act is good for Kansas health. The health hazards of exposure to cigarette smoke have been known for years, yet smoking is the leading cause of preventable death in the United States and in Kansas—burning a trail of cancer, heart disease, and respiratory illnesses right through the middle of our families.  Secondhand smoke—which contains more than 7,000 chemicals, 69 of which are known causes of cancer—delivers those same diseases to people who don’t smoke.  A new Surgeon General’s Report, issued in late 2010, confirms THERE IS NO RISK-FREE LEVEL OF EXPOSURE TO SECONDHAND SMOKE.

The Indoor Clean Air Act is good for Kansas workers. Because there is no safe level of secondhand smoke exposure, it is imperative that employees be allowed to work in a smoke-free environment. According to the Surgeon General, nonsmokers exposed to secondhand smoke increase their risk of developing lung cancer or heart disease by 20-30 percent. A recent air quality study of six Kansas communities conducted by a nationally-recognized expert finds there has been a 94% reduction in indoor air particle pollution since the Act took effect in July. Prior to enactment of the law, workers in restaurants and bars were exposed to 4.4 times the air particle pollution deemed safe by the Environmental Protection Agency.  Since the law went into effect, 97% of the bars and restaurants tested measured good or moderate on air quality.

The Indoor Clean Air Act will not hurt businesses. The Act has not been in effect long enough to specifically evaluate any economic impact it may have on businesses; however, numerous studies have been conducted on the economic impact of other smoke-free laws on the hospitality industry.  The overwhelming evidence from these studies suggests a neutral economic impact or even a slight increase in revenues.  In fact, a December 2010, study of Kansas and Missouri communities concludes that there is no negative impact on taxable sales in restaurants and bars as a result of local smoke-free ordinances, but taxable sales in restaurants and bars are directly connected to general economic conditions, with sales rising as overall economic activity increases and vice-versa.

The Indoor Clean Air Act is good politics. The 2010 elections in Kansas and across the nation marked significant victories for “conservative” candidates.  Many argue the newly-elected candidates have a mandate from the voters to reduce the size of government and its role in individual lives.  Some would claim this mandate extends to repealing the Indoor Clean Air Act, but the facts do not support this conclusion.  A recent poll commissioned by a coalition of public health groups, including the American Cancer Society, found that 77% of Kansans support the Act.  This support cuts across party lines (Republican, Independent, Democrat) and ideology (conservative, moderate, liberal).  Fifty-nine percent of respondents said they would be less likely to support a political candidate who wanted to repeal the Act.  According to the poll’s findings, “From a political standpoint, there is nothing to be gained (and plenty to be lost) from supporting the repeal of a law that voters overwhelmingly support.”