Case Studies
Local Comprehensive Clean Indoor Air Ordinance in
Texas
Implementation
Implementation
Level
Local
What is the policy
and/or program intervention designed to do?
The El
Paso ordinance is designed to protect nonsmoking
employees and patrons from the health effects of
secondhand smoke in workplaces and public places. The
ordinance covers all workplaces and public places,
including restaurants, bars, bingo facilities, and
bowling alleys.
Explain the
implementation of the policy and/or program
intervention.
The
coalition formed a Clean Indoor Air Ordinance Task Force
to serve as the core team, responsible for developing a
campaign plan and directing day-to-day campaign
operations (approximately 10–15 members). The
coalition developed a job description for task force
members, clearly spelling out responsibilities and time
commitment.
The coalition strategically recruited key community
leaders and gate keepers to join the task force. In
addition to the voluntary health agencies, key
supporters included Community Voices Tobacco Control
Program (a project funded by the WK Kellogg Foundation
and the American Legacy Foundation), the state and local
health departments, local law enforcement, local
hospitals and community clinics, Planned Parenthood, the
Independent School District and the Region 19 Education
Center, a coalition of churches, faculty from the
University Health Sciences Center, a waiter/bartender,
and a supportive (behind-the-scenes) local restaurant.
The Tobacco-Free Las Cruces Coalition mentored the task
force in the early stages of the campaign.
The coalition also developed a Youth Coalition,
recruiting young people with the help of the independent
school districts. The young people set three goals for
themselves: (1) generate letters to the editor; (2) hold
a rally on the day of the city council's public hearing;
and, (3) testify at the public hearing.
In April 2001, the El Paso City/County Health and
Environmental District held its public hearing on the
ordinance. The district passed the ordinance and sent it
on to the city council for consideration. Council member
Larry Medina attended this hearing. Councilman Medina
emerged as the ordinance champion at the first council
discussion of the ordinance in April. The council
delayed scheduling a formal hearing on the ordinance for
several months, because of upcoming city elections.
The coalition launched a letter-writing campaign to the
El Paso Times, which generated more than 7,000 letters
(copies of letters were sent to the city council).
Members of the youth coalition were vital contributors
to the letter-writing campaign. The coalition conducted
a proactive media advocacy campaign educating reporters,
monitoring media coverage, and following-up to correct
any misinformation. The coalition’s media efforts paid
off, over the course of the campaign the El Paso Times
ran 7 supportive editorial columns. In addition to media
advocacy, the coalition placed some very limited paid
media, airing an educational TV spot on secondhand smoke
and running one paid print advertisement, both shortly
before the council vote.
The coalition established a petition gathering effort,
largely coordinated by a member who served on a local
coalition of churches. Petitions were copied and
provided to the entire city council.
The coalition held multiple meetings with council
members, preferring to meet in teams of three: a
coalition member, a constituent to talk about his/her
personal experience, and a person known to have
influence with the council member. Many organizations,
particularly the public agencies and the ACS project
funded by the Paso del Norte Health Foundation, could
not directly lobby on behalf of the ordinance. However,
they could, and did, engage in all educational
activities. Those who could lobby included the voluntary
health agencies and individual supporters. Throughout
this process, the coalition remained in close contact
with Councilman Medina, who kept them informed of
behind-the-scenes lobbying and politicking. Once the
election season was in motion, coalition members,
including youth representatives, attended candidate
forums.
The coalition developed a database of supporters, drawn
largely from people who signed the petitions. Most
action alerts were sent by e-mail, although the
coalition also faxed and/or phoned supporters who didn’t
have e-mail access. In addition, the various
organizational members of the coalition sent e-mail and
direct mail action alerts to their members, staff, and
constituencies.
Although the coalition had planned to conduct a poll,
this was rendered moot when the local media (the El Paso
Times and the ABC affiliate) ran their own poll, which
found strong support for the ordinance (69% of
registered voters overall, 77% of registered Hispanic
voters).
On the day of the hearing, the Youth Coalition held a
rally outside city council chambers. Youth also
testified during the hearing, urging the council to
consider the legacy they would leave for the next
generation of El Pasoans. The coalition organized the
testimony for the public hearing, giving each speaker a
specific topic to cover (and reviewing the youth
testimony). Speakers included respected physicians,
youth, workers, asthmatics, and a city council member
from Las Cruces to speak about that town’s experience
going smoke-free. The coalition packed the council
chamber with supporters, wearing flashing buttons to
visibly demonstrate their support for the ordinance.
On June 26, 2001, the El Paso City voted 7 to 1 in favor
of the ordinance.
Following enactment of the ordinance, the local
Restaurant Association seemed resigned to complying with
the new ordinance. However, the bars organized and
continued to agitate against the ordinance, attempting
to collect enough signatures to force the ordinance to a
referendum. The coalition closely tracked this effort,
which failed to collect enough valid signatures to
qualify (in part because the petitions were not uniform
in their language). Opponents also attempted to place
the ordinance back on the city agenda for discussion.
Coalition members monitored the council agenda, and sent
representatives when the ordinance was listed. After
opponents failed to show up twice after asking for
discussion, the council stopped putting the issue on the
agenda.
To prepare for the effective date, the coalition worked
with the Health and Environmental District to develop
materials for an educational mailing to 18,000 El Paso
businesses. The packet included a letter from the Mayor
and the Health and Environmental District Medical
Director, no-smoking decals for businesses to display,
an educational brochure developed by ACS, and a sample
written no-smoking policy for businesses to share with
employees developed by AHA.
Background
The El Paso
Tabaco/Smoke Free Coalition was formed in 1994. The same
year, the coalition presented a proposal to strengthen
the city smoking ordinance to the El Paso City-County
Health and Environmental District. Although the Health
and Environmental District approved the proposal, the
ordinance faltered in the city council (Health and
Environmental District policies must be approved by the
city). In March 1996 the council tabled the proposed
ordinance indefinitely.
Coalition members were ambivalent about the strength of
the proposed ordinance. At that time, representatives
from the El Paso Restaurant Association sat on the
coalition and on the Health Board subcommittee formed to
draft the proposed ordinance; their presence led to
weaker smoking restrictions than the coalition had hoped
for.
Despite the setback in 1996, the coalition did not
abandon its goal of passing a comprehensive smoke-free
ordinance. In January 2000, the American Cancer Society
received a grant from the Paso del Norte Health
Foundation to conduct a 4-year comprehensive tobacco
control project. As part of this project, the coalition
reorganized itself as the Smoke-Free Paso del Norte
Coalition, and planned to organize a 2-year public
education and grassroots campaign with the goal of
passing an ordinance in 2003. However, the coalition’s
hand was forced when the El Paso City-County Health and
Environmental District announced its intention to
introduce an ordinance in September of 2000.
Page last modified 07/25/2007