Smoke-Free Law Gives Local Governments More Power

By Lovemore Masakadza

For over 15 years North Carolina law prevented local governments from passing smoking laws or rules more stringent than the state law, but all that changed with the passage of the law making restaurants and bars smoke-free.

Local governments now have the authority to regulate smoking in public places, defined as “an enclosed area to which the public is invited or in which the public is permitted.” “Enclosed” means an area with a roof and more than two walls.

They may also regulate smoking on local government grounds, that is, all areas owned, leased or occupied by local government.

Mecklenburg County and its municipalities have not yet taken advantage of the authority bestowed on them by state legislation by adopting smoke-free ordinances, but conversations on doing so have started.