Preemption: Local Public Health Control in Jeopardy
By Maureen Busalacchi, SmokeFree Wisconsin
Wisconsin citizens have a long and proud history of deciding for themselves how their communities and this state are run. Continuing this tradition of self-determination is just one of many important reasons we need to be prepared for an impending battle in Madison. The other key reason we need to be ready is to safeguard the health of citizens across Wisconsin.
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The battle is over preemption, a tobacco
industry strategy used to shut down the industry’s worst nightmare – local
tobacco control laws. For almost 20 years, preemption has been a primary legislative goal
for Big Tobacco because, in the words of one Philip Morris executive, "we can shift
the battle away from the community level back to the state legislatures where we are on
stronger ground." That stronger ground is secured by Big Tobacco’s scores of
lobbyists and generous campaign contributions. The industry
employs dozens of lobbyists, and spends about $200,000 on average per election cycle on
campaign contributions, and over $2 million per biennium on lobbying in Madison.
Preemption is already a reality in 32 states and may be on the horizon for Wisconsin, if tobacco lobbyists have their way in Madison this session. The industry has already found legislators who are willing to sponsor such a bill in the upcoming legislative session, and we can expect a big push. The LINKED article provides a detailed outline of the history and extent of the local preemption efforts. |
The key to protecting local control is exposing preemption for the tobacco industry gift bag that it is. The vast majority of tobacco control laws are passed by cities and counties, where Big Tobacco has less influence. When local ordinances make restaurants and workplaces smokefree, smokers smoke less – some even quit – and the industry loses money. Preemption protects Big Tobacco’s profits, not public health.
The industry uses a variety of tactics, but their real goal is to obfuscate the proven connection between second-hand smoke and cancer. Reducing the huge health care costs associated with smoking is only the hard dollar side of the equation that includes reducing the tragedy of death and disease for real people. This is the kind of public benefit for which local government intervention has always been appropriate.
We need to alert our fellow citizens on efforts to wipe out local control over tobacco policy in Madison. Legislators in other states have fallen victim to the slick tactics and maneuvers used by lobbyists to push through preemption. Preemption language has been attached to otherwise-beneficial tobacco control laws. Bills have been hijacked and rewritten at the eleventh hour with amendments stripping local communities of their powers.
Here in Wisconsin, health policy for our communities is decided by our own officials, not by the tobacco industry. Let’s keep it that way. We in the public health field urge you to work with your local Boards of Health, medical communities, and your state legislators, to fight the preemption battle together. Educating them now may someday save a life.