Back to Annual Meeting

Back to Annual Meeting

APHA Scientific Session and Event Listing

Christina Mickey, BS, RS, Public Health, Monongalia County Health Department, 453 Van Voorhis Road, Morgantown, WV 26505, 304.598.5139, christinamickey@wvdhhr.org and Garland Holley, MA, Division of Tobacco Prevention, Bureau For Public Health, Room B-55 350 Capitol Street, Charleston, WV 25301-3715.

Most Public Health Policies, like clean indoor air regulations, produce good levels of compliance with very little effort from regulatory agencies. Most violations of clean indoor air regulations are considered minor and most inspectors allow these types of violations to be corrected on site or within a certain time frame. The prosecution of “cheaters and sneakers” for violations of public health laws are nearly impossible. Most regulators find few violators to be blatant and openly defiant with most public policies. However, comprehensive clean indoor air regulations may produce the greatest number of blatant violators. Inspectors and regulators must recognize that normal compliance efforts and traditional legal remedies may not deter or eradicate this type of violator. Traditionally, regulators have relied upon fines and or magistrate courts to assess punishment for past violations. Injunctive relief through court orders has been shown to be an effective legal tool in gaining compliance of clean indoor air regulations. Court orders can produce immediate compliance and also address future violations. Analyzing all available legal options for inspectors and regulators is highly recommended in dealing with blatant violators of any public health policy.

Learning Objectives:

• The participants will recognize the different types of violators of clean indoor air regulations
• The participants will be able to identify the difference between criminal and civil court actions when enforcing public health laws
• The participants will be able to assess the proper court action when dealing when violators of clean indoor air regulations

Keywords: Tobacco Policy, Health Departments

Presenting author's disclosure statement:

Not Answered