News & Announcements

October 15, 2009 Juneau Superior Court Judge Upholds City Smoking
Ban Against Eagles Club Lawsuit

On October 15, 2009, Superior Court Judge Philip Pallenberg filed a 19-page decision rejecting claims made in a lawsuit by the Fraternal Order of the Eagles that Juneau’s clean indoor law did not apply to their private club.  The Eagles suit had claimed the law infringed on its freedom of association, its right to privacy and claimed “illegal intrusion” by the Juneau Police Department into its private establishment to enforce the ordinance.

Judge Pallenberg upheld the Juneau law, stating, “Given the serious public health consequences of secondhand smoke, it is unquestionable that an ordinance prohibiting smoking in specified places where people gather together indoors is justifiable as a public health and welfare measure.”

The Eagles privacy argument did not have any legal weight, Pallenberg ruled.  Even though the Eagles’ lodge, also know as the Aerie Home 4200, is a private club, it does not have the privacy considerations as someone’s residence.  “Calling the Eagles lodge the ‘Aerie Home’ does not make it the members’ home, any more than the Home Depot is a railroad station,” he wrote.

The Eagles club had 20 days from the filing of the judgment to appeal, which they did not do.  City attorney, John Hartle, stated the city plans to pursue the Eagles club for legal fees incurred fighting the lawsuit.

This is a very exciting precedent not only for Juneau, but for Alaska and the nation, as the outcome may prevent other private clubs from attempting to be exempt from community clean indoor air laws.

October 6, 2009Juneau Passes Increase in Local Tobacco Tax

On October 6, 2009, voters in Juneau passed a ballot initiative that will increase Juneau’s local tobacco excise tax from .30 cents to $1.00 a pack, and from 12% OTP (other tobacco products) to 45% OTP.  A whopping 62% of the voters said “YES” to supporting youth tobacco prevention efforts and making Juneau a healthier community.

The Juneau Clean Air coalition, the National Council on Alcoholism and Drug Dependence, and Teens Against Tobacco Use (TATU) combined efforts and worked hard to educate the community about the effectiveness of increasing the price of tobacco to prevent youth initiation and promote cessation for youth and adults.  Volunteers logged many hours distributing door hangers, manning the phone banks, hanging posters and spreading the message through radio interviews and other earned media.  Congratulations, Juneau!

October 6, 2009Haines Passes Clean Indoor Air Ordinance

After years of community education by SEARHC and the Haines Partnership for Healthy Living, on October 6, 2009, voters in Haines passed a comprehensive clean indoor air ordinance that covers all work places, including bars and restaurants.  Haines is renowned for close votes – the final tally was 561 to 453 (55.33% to 44.7%) !!  The ordinance had narrowly passed the Haines Assembly in the fall of 2008, to go before the voters in October 2009.  The Haines coalition with the SEARCH health educator were the driving force behind this exciting policy change, using earned media, a postcard mail-out and talking to fellow citizens as their advocacy approaches.  Congratulations, Haines!

After the smoke free bar portion of the clean indoor air ordinance went into effect on January 2, 2008, it was discovered that due to a technical loophole in the ordinance, private clubs were not included under the definition of a "bar".

The City Attorney wrote and proposed a new and updated ordinance that would not only eliminate the private club error, but would also eliminate two other problematic loopholes that allowed smoking in “retail tobacco stores” and "private functions" in otherwise public places. In addition, the new proposed ordinance addressed smoking in outdoor seating areas of restaurants and bars.

The updated ordinance was introduced to the Assembly on February 11, 2008. On February 25, 2008, over 40 Juneauites testified before the Assembly on both sides of the issue, hotly debating the entire issue of bars becoming smoke-free. The bars again proposed allowing smoking rooms, an issue which had been debated and voted down in 2004 when the smoke-free ordinance for restaurants and bars was passed. (Restaurants became smoke-free January 1, 2005, while bars were given 3 years to implement being smoke free by January 2, 2008.)

On March 3, 2008, the Committee of the Whole of the City Assembly met to discuss the proposed ordinance. No public testimony was allowed at the Committee of the Whole, but the public could attend the proceedings. Juneau Clean Indoor Air advocates attended the meeting wearing "Smokefree!" stickers to show their support for the ordinance. (Smoking is allowed in outdoor seating areas of restaurants and bars, but at least two entire sides of the area have to be completely open directly to the outdoors.)

On March 10, 2008, the Assembly adopted the recommendation of the Committee of the Whole and passed the new and improved Ordinance No. 2008-05, including a new name: Secondhand Smoke Control Code

The air clears in Juneau bars on January 2, 2008!

Frieda Glantz, Project Manager for Americans for Nonsmokers Rights, presented an Award of Excellence to the City of Juneau for becoming a Smokefree Capital City at the City Assembly meeting on August 20th, 2007.

Frieda Glantz (left), Mayor Botelho (right)