American Lung Association of Arizona

Tobacco

State of Tobacco Control Report Card
The American Lung Association of Arizona, part of the American Lung Association of the Southwest, continues to be a leader in protecting Arizonans from the deadly effects of secondhand smoke. The major focus of 2007 was ensuring that Proposition 201, Smoke-Free Arizona, which was approved by voters in November 2006, was properly implemented and enforced.

Once Arizona’s smokefree law took effect on May 1, the new law received its first and only major challenge. Alfonso Larriva, who owns four bars in the Phoenix metropolitan area, attempted to take advantage of what he perceived to be a loophole in the new statewide law. Larriva removed some windows from his bars and replaced them with slats. He then made the argument that the openings were now vents instead of windows, and that the area was no longer "enclosed." Attorney General Terry Goddard filed a lawsuit against Larriva’s four bars, claiming that they were in violation of the new law.

The case landed Larriva in Maricopa County Superior Court. Larriva and his attorney presented their arguments, which focused largely on what were the actual definitions of "window" and "enclosed." Representatives from the Arizona Department of Health Services argued that with Larriva not complying with the law, it was harming the state’s credibility and possibly costing Larriva’s competitors business. On Friday, June 15, Judge Pendleton Gaines granted a preliminary injunction to stop smoking at Larriva’s establishments. Gaines, a smoker, was not persuaded by Larriva’s arguments. He remarked, "It is an effort to defend the indefensible and explain the inexplicable." Gaines upheld the wishes of the overwhelming majority of Arizona’s residents, saying, "You either believe in democracy or you don’t believe in democracy, but the people have spoken."

In the 2007 legislature, bills were also introduced to require fire-safety standards for cigarettes in Arizona and to prohibit access to tobacco products without the assistance of a store employee. However, neither of these bills was acted upon before the legislative session adjourned.

The American Lung Association of Arizona is committed to bringing practical, commonsense reforms to the state of Arizona. We look forward to continuing to protect the health of all Arizonans for many years to come.

Click here to view Arizona’s report.

For the full report or to view reports from other areas in the United States, click here.