The Princeton Regional Health Commission announced last night at a public meeting that it will push for state legislation to allow municipalities to issue ordinances against smoking.
The decision came in response to a superior court judge's Aug. 29 decision to overturn the health commission's ban on smoking in public places, adopted in June.
"Hopefully state legislators will give municipalities the ability to protect the public health as they see fit," said Grace Finden, vice president of the commission.
The commission opted to seek state legislation instead of appealing the court's decision. "We feel a costly legal process is not the way to go," said Finden, explaining that the commission based its decision on practicality and pragmatism.
Finden said the time required to file an appeal was "just not acceptable" because there would be no law to protect the public health in the interim.
Health officer Bill Hinshillwood said the commission would work closely with other organizations to pursue its goal.
"The health commission will join with other organizations, individuals and our elected representatives to work through the legislative process to definitively allow municipalities and their health boards or commissions to act in this important area of public health and safety," he said in a statement.
The directors of New Jersey GASP and New Jersey Breathes — groups that support the health commission's goal of banning smoking in all public areas in Princeton — were present at the meeting to express their support for the commission's decision.
Larry Downs, director of New Jersey Breathes, commended the health commission for taking the initiative to promote public health.
"You are courageous in being the first out of the box to address this issue," he said, adding that his group — a coalition whose goal is to reduce tobacco consumption — will continue to work with Princeton Borough as it pushes for state legislation.
New Jersey GASP executive director Regina Carlson pointed to the advantages of local laws banning smoking.
"Local laws can be tailored to local needs, can be more creative and more comprehensive," she said. "There is usually less tobacco-industry opposition than at the state and federal level. Of course, you met strong opposition, but imagine if many of New Jersey's 566 municipalities were acting at once."
Hinshillwood said Judge Linda Feinberg's ruling had a "narrow focus" because it was based on 1980s smoking legislation that had been enacted before New Jersey's $7.5 billion lawsuit against the tobacco companies.
On the other hand, he said, "The health commission was guided by other state and local laws, which focus on protection of the public health, safety and welfare of the municipality and its inhabitants."
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