Methodology

The American Lung Association State of Tobacco Control 2002 is a report card that evaluates state tobacco control laws against recognized criteria and translates each state’s relative progress into letter grade A, B, C, D or F. A grade of A is assigned for excellent state policy while an F indicates inadequate state laws. Certainly
some states have made progress and recently have passed new measures. While helpful, in some cases
this progress nevertheless fails to achieve the results needed to reduce tobacco morbidity and mortality.
The principal reference for all state tobacco laws is State Legislated Actions on Tobacco Issues, 2002 Edition.
The American Lung Association has published this compendium of state tobacco laws since 1988.

Methodology: Calculation

Smokefree Laws
The Smokefree Laws grading system is based on the criteria developed by an advisory committee convened
by the National Cancer Institute. The criteria were presented in the article, “Application of a rating system to state clean indoor air laws (USA)”  (J.F. Chriqui et. al, Tobacco Control 2002;11:26-34). This approach provides scoring in nine categories: Government Workplaces, Private Workplaces, Schools, Childcare Facilities, Restaurants, Retail Stores, Recreational/Cultural Facilities, Penalties and Enforcement. All laws are open to interpretation and our analysis may differ from those of the authors noted in the above study.

The Smokefree Laws grades are based on the performance of two states, Delaware and California, which have perfect scores of 36. Individual state scores were divided by the highest score, in this case 36, to arrive at the grades. Grades were given following the standard grade school system. States receiving scores in the top 10 percent of the standard (90-100 percent) got an A. Those receiving scores that fell between 80-90 percent got a grade of B, between 70-79 percent a C, and between 60-69 percent a D. Those that fell below 60 percent received an F.

The grades break down to the following scores:
       A = 33 to 36
       B = 29 to 32
       C = 26 to 28
       D = 22 to 25
       F = 21 and below

Key to Smokefree Laws Ratings by Category

For all categories, laws that require that smoking be permitted or laws without any restrictions for the
particular category receive a score of zero (0). Also, state preemption of stricter local ordinances reduces
the affected score by two (2) points.

1) Government Workplaces (4 points): Target is “government workplaces are 100% smokefree, no exemptions.” Score was lowered if restriction depended on type of ventilation and/or location of smoking area. A bonus point (+1) was available if the laws met the target criteria and required the grounds or a specified distance from entries/exits to be smokefree.

2) Private Workplaces (4 points): Target is “private workplaces are 100% smokefree, no exemptions.”
Score was lowered if restriction depended on type of ventilation and/or location of smoking area. A bonus point (+1) was available if the laws met the target criteria and required the grounds or a specified distance from entries/exits to be smokefree.

3) Schools (4 points): Target is “no smoking permitted in schools during school hours or while school activities are being conducted.” Score was lowered if restrictions depended on school
hours, type of ventilation, and/or location of smoking area. A bonus point (+1) was available if
the laws met the target criteria and extended the smoking ban to any time in school facilities including

4) Childcare facilities (4 points): Target is “no smoking permitted during operating hours in childcare facilities (explicitly including licensed home-based facilities).” Score was lowered if restrictions depended on ventilation standards, location of smoking areas, or provided exemptions for certain types of facilities.

5) Restaurants (4 points): Target is “restaurants (explicitly including bar areas of restaurants) are 100% smokefree. Score was lowered if restrictions depended on type of ventilation and/or location of smoking areas, and exemptions for some restaurants. A bonus point (+1) was available if the laws met the target criteria and extended the ban to bars and taverns, including outdoor seating.

6) Retail Stores (4 points): Target is “retail stores or retail businesses open to the public are 100%
smokefree.” Score was lowered if restriction depended on ventilation standards and/or location of smoking area, and if laws only applied to some but not all retail stores or businesses open to the public.

7) Recreational/Cultural Facilities (4 points): Target is “recreational and cultural facilities are 100%
smokefree.” Score was lowered if restriction depended on ventilation standards and/or location
of smoking area, and if laws only applied to some but not all recreational and/or cultural facilities.

8) Penalties (4 points): Target is “penalties or fines, applicable to smokers and to proprietors/employers,
for any violation of clean indoor air legislation.” Score was lowered if penalties included possibilities for delay, exceptions for either the smokers or the proprietors/employers, or penalties that only applied to some but not all offenses. Intent requirement or affirmative defenses reduced the score by one (1) point. A bonus point (+1) was available if the laws met the target criteria and the penalties or fines were graduated for repeated violations.

9) Enforcement (4 points): Target is “designate an enforcement authority for clean indoor air and require sign posting.” Score was lowered if there was no requirement for sign posting, enforcement authority only applied to some sites, or an enforcement authority or sign requirement existed, but not both. A bonus point (+1) was available if the laws met the target criteria and required the enforcement authority to conduct
compliance inspections.

Methodology continued...