Attorney General opinion, 2013-2, 02/05/2013

              OFFICE OF ATTORNEY GENERAL
STATE OF OKLAHOMA
The Honorable Al McAffrey
State Senator, District 46
ATTORNEY GENERAL OPINION
2013-2
2300 N. Lincoln Blvd., Room 527 A
Oklahoma City, Oklahoma 73105
Dear Senator McAffrey:
February 5, 2013
This office has received your request for an official Attorney General Opinion in which you ask,
in effect, the following question:
Are municipalities prohibited by the Smoking in Public Places and Indoor
Workplaces Act, (63 0.S.2011 & Supp.2012, §§ 1-1521 - 1-1527), or the
provisions of Oklahoma's public nuisance statute, 21 0.S.Supp.2012, § 1247,
from enacting and enforcing ordinances banning public smoking in all
outdoor areas of municipally owned or operated properties, including but
not limited to all outdoor areas of municipal public parks?
Your question can be answered by examining the authority of municipalities to enact ordinances
to control smoking, and determining whether such ordinances would be preempted or superseded
by the Smoking in Public Places and Indoor Workplaces Act or the provisions of Oklahoma's
public nuisance statute. I
I.
ALL REGULATIONS, INCLUDING MUNICIPAL ORDINANCES,
ENACTED TO CONTROL PUBLIC SMOKING MUST BE THE SAME
As THE PROVISIONS OF THE SMOKING IN PUBLIC PLACES AND
INDOOR WORKPLACES ACT.
The Smoking in Public Places and Indoor Workplaces Act ("Smoking in Public Places Act"), 63
0.S.2011 & Supp.2012, §§ f-1521 - 1-1527, generally regulates and prohibits smoking in
specified public places and outdoor areas. Enacted by the Oklahoma Legislature in 1987, the
1 Your original Opinion request includes four questions; however, the questions have been consolidated into one as
the answer to the consolidated question resolves all issues. See letter from AI McAffrey, Oklahoma State Senator, to
E. Scott Pruitt, Attorney General of Oklahoma (Oct. 10,2012) (on file with author).
313 N.E. 21sr STREET· OKLAHOMA CITY, OK 73105· (405) 521-3921 • FAX: (405) 521-6246
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