List of smoking bans in the United States

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Smoking bans are public policies, including criminal laws and occupational safety and health regulations, that prohibit tobacco smoking in certain spaces. The United States Congress has not attempted to enact any type of nationwide federal smoking ban in workplaces and public places. Therefore, such policies are entirely a product of state and local laws. In 1995, California was the first state to enact a statewide smoking ban for restaurants. Throughout the early to mid 2000s, especially between 2004 and 2007, an increasing number of states enacted a statewide smoking ban of some kind. As of 2018, the most recent statewide smoking ban is Alaska's, which was signed into law on July 18 and went into effect on October 1. As further detailed in this list, smoking laws vary widely throughout the United States. Some places in the United States do not generally regulate smoking at all, some ban smoking in certain areas and not others, and some ban smoking nearly everywhere, even in outdoor areas (no state bans smoking in all public outdoor areas, but some local jurisdictions do). As of October 1, 2021, according to the American Nonsmokers' Rights Foundation, 82.1% of the U. S. population lives under a ban on smoking in "workplaces, and/or restaurants, and/or bars, by either a state, commonwealth, or local law", and 62.3% live under a ban covering all workplaces, restaurants, and bars. A smoking ban (either state or local) has been enacted covering all bars and restaurants in each of the 60 most populated cities in the United States except these ten: Henderson, Jacksonville, Las Vegas, Memphis, Miami, Oklahoma City, Philadelphia, Tampa, Tulsa, and Virginia Beach.

As of July 2017, five states ban smoking in most enclosed public places, but permit adult venues such as bars (and casinos, if applicable) to allow smoking if they choose: Florida, Idaho, Indiana, Louisiana, and Nevada. In Florida, state law preempts local governments from enacting stricter smoking bans than the state, though in Idaho, Indiana, and Louisiana, some cities and counties have enacted stricter local smoking bans to varying degrees, in some cases banning it in all enclosed workplaces. See individual state listings below for details.

As of July 2018, twelve states have not enacted any general statewide ban on smoking in workplaces, bars or restaurants: Alabama, Arkansas, Georgia, Kentucky, Mississippi, Missouri, Oklahoma, South Carolina, Texas, Virginia, West Virginia, and Wyoming. Instead, laws in most of these states (see individual state listings below for further information) require proprietors of certain places to designate smoking and non smoking areas and post warning signage. In Oklahoma and Virginia, state laws prohibit local governments from regulating smoking more strictly than the state, making those states among the fewest in the nation without any legislated smoking bans. In the other ten states, cities and counties have enacted stricter smoking laws than the state, in some cases banning smoking in all enclosed workplaces. In Alabama and Mississippi, the state smoking law expressly allows all local governments to do so. In Kentucky, Missouri, South Carolina, Texas, and West Virginia, a court has ruled that certain local governments have the power to do so. See the individual state listings below for details.

In the District of Columbia, American Samoa, Puerto Rico and the United States Virgin Islands, smoking is banned in all enclosed public places, including bars and restaurants. Guam prohibits smoking in restaurants, but the ban does not extend to workplaces or any other businesses. The Northern Mariana Islands prohibits smoking in most workplaces and restaurants, but not in bars.

Although Congress has not attempted to enact a nationwide federal smoking ban in workplaces, several federal regulations do concern indoor smoking. Effective April 1998, inflight smoking is banned by the United States Department of Transportation on all commercial passenger flights in the United States or by American air carriers. On August 9, 1997, President Bill Clinton issued , banning smoking in all interior spaces owned, rented, or leased by the Executive Branch of the Federal Government, as well as in any outdoor areas under executive branch control near air intake ducts.

Territory wide smoking ban. On October 20, 2010, Governor Togiola Tulafono signed into law the American Samoa Smoke Free Environment Act, a Fono (Legislature) bill passed earlier in the year. The bill went into effect on January 20, 2011.

Statewide smoking ban: On July 1, 2006, the Colorado Clean Indoor Air Act went into effect, banning smoking in all enclosed workplaces statewide, including bars and restaurants. Casinos, initially exempt, were added to the ban January 1, 2008. The Act only exempts private residences and automobiles unless used for the public transportation of children or as part of healthcare or daycare, limousines under private hire, hotel/motel rooms designated as smoking rooms, retail tobacco stores, cigar bars, designated areas in airports, outdoor areas, workplaces not open to the public where the employer employs three or fewer employees, private nonresidential buildings on a farm or ranch that has annual gross income of less than $500,000, and designated areas in nursing homes. Local governments may regulate smoking more strictly than the state. A judge has ruled that a bar sharing common indoor space with a tobacco shop is also exempt from the ban.

Statewide smoking ban: On October 1, 2003, the Clean Indoor Air Act went into effect, banning smoking statewide in bars and restaurants (bars, cafes, and bowling alleys were exempt until April 1, 2004). The Act exempts areas of businesses where tobacco products are developed and tested, cigar bars (a business that has a liquor permit and generated at least 10% of its 2002 gross income from on site sales of tobacco products or humidor rentals and has not changed its size or location after December 31, 2002), and public housing projects. Local governments are preempted from regulating smoking at all. The Act exempts private homes and automobiles not used for childcare or daycare or the public transportation of children, rented social halls while being rented, limousines under private hire, hotel/motel rooms designated as smoking rooms, fundraising activities sponsored by an ambulance or fire company while on property owned or leased by the company, and fundraising activities sponsored by a fraternal benefit society taking place upon property owned or leased by the society.

District wide smoking ban: Effective January 2007, smoking is banned in bars, restaurants, and other public places in the District of Columbia; exempts outdoor areas, designated hotel/motel rooms, retail tobacco stores, cigar bars, hookah bars, and businesses that can show they receive 10% or more of their annual revenue from tobacco sales, excluding cigarette machines.

Statewide smoking ban excluding bars: On July 1, 2003, a constitutional amendment passed by voters came into effect which banned smoking statewide in all enclosed workplaces in Florida, exempting private residences, retail tobacco shops, designated smoking rooms in hotels/motels, stand alone bars with no more than 10% of revenue from food sales, rooms used for quit smoking programs and medical research, and designated smoking areas in customs transit areas under the authority of the U. S. Department of Homeland Security. Local governments are generally preempted from regulating smoking, however a law passed in 2022 allows for local governments to restrict smoking in public parks and on beaches.

Statewide smoking ban: On November 16, 2006, smoking was banned statewide in all enclosed or partially enclosed workplaces in Hawaii, including the indoor and outdoor portions of all bars and restaurants. The law exempts private residences not used as a healthcare or daycare facility, hotel/motel rooms designated as smoking rooms, retail tobacco stores, designated rooms in nursing homes, outdoor places of employment not part of bars or restaurants, any place where smoking is part of a production being filmed, and state correctional facilities. Smoking is prohibited within 20 feet (6 m) of the entrance/exit of a place where the law prohibits smoking indoors. Fines range from $50 for a person caught smoking in violation of the law, to between $100 and $500 for an establishment caught allowing smoking in violation of the law. Counties may regulate smoking more strictly than the state. Hawaii County, March 13, 2008, banned in public recreational areas, such as parks and beaches.

Statewide ban excluding bars and some workplaces: On July 1, 2004, the Clean Indoor Air Act went into effect, banning smoking statewide in all enclosed public places, except in bars, retail tobacco stores, private clubs when used by members or their guests/families, designated smoking rooms in hotels/motels, facilities rented/leased for private functions, theatrical productions, areas of owner operated businesses with no employees besides the owners not generally open to the public, offices (other than childcare facilities) within private homes, veterans homes, bowling alleys (until July 2007), and designated breakrooms in businesses with 5 or fewer employees (as long as they are separate from work areas and minors are not allowed). Local governments may regulate smoking more strictly than the state. Boise, January 2, 2012, banned in all enclosed workplaces, including bars and private clubs, as well as in any public outdoor space accessible to children and in all spaces owned by the public, including parks. Moscow, August 4, 2009, banned in bars and private clubs, but not other workplaces.

Statewide smoking ban: On January 1, 2008, the Smoke Free Illinois Act went into effect, banning smoking in all enclosed workplaces, including bars, restaurants, and casinos, and within 15 feet (5 m) of such places; exempts certain retail tobacco stores, private and semiprivate rooms in nursing homes occupied exclusively by smokers, enclosed and semi enclosed temporary structures attached or adjacent to bars and restaurants, no more than 25% of designated smoking rooms in hotels/motels on the same floor, and private residences. Smoking is prohibited in private residences when defined as a place of employment such as when used for child care or foster care. The Chicago Clean Indoor Air Act was updated to mention e cigarettes in 2014, making it the first major U. S. city to legislate e cigarette use. The Chicago Park District's Board of Commissioners has discussed banning all forms of smoking in Chicago parks, beaches, play lots and other facilities, but there is not yet a municipal ordinance.

Statewide smoking ban: On February 1, 2008, the Maryland Clean Indoor Air Act of 2007 went into effect, banning smoking in all public transportation vehicles, enclosed public places, and enclosed workplaces, including bars, restaurants, casinos, and private clubs. The Act exempts private residences and vehicles while not being used as a childcare or healthcare facility, designated hotel/motel smoking rooms, retail tobacco stores, cigar lounges and hookah bars, other tobacco related workplaces such as importers and distributors, facilities where smoking research is conducted, psychiatric facilities, long term care facilities, hospitals where a doctor has authorized a patient to smoke, and any business that has applied for and received a waiver allowing smoking (though all waivers expired on January 1, 2011). The law exempts private clubs when not open to the public, private residences except when used as a business for healthcare or childcare, designated hotel/motel smoking rooms, retail tobacco stores, licensed cigar or hookah bars, stage performances involving smoking, places where smoking related scientific research is occurring, religious ceremonies involving smoking, outdoor areas, designated areas in nursing homes as approved by the state, and other tobacco related workplaces such as farms and distributors.

Statewide smoking ban: On May 1, 2010, after being signed into law by Governor Jennifer Granholm on December 18, 2009, the Dr. Ron Davis Law took effect, banning smoking statewide in all enclosed, indoor workplaces in Michigan, as well as the outdoor patios of bars and restaurants. The law exempts only cigar bars, retail tobacco stores, private home offices, company vehicles including commercial trucks, and Detroit's three casinos' gambling floors. The Act exempts designated rooms in nursing homes, designated areas in psychiatric facilities, places where scientific studies related to smoking occur, private homes and residences not in use as a place of employment, designated hotel/motel smoking rooms, retail tobacco shops, heavy commercial vehicles, farm vehicles and construction equipment, buildings on family farms, the Minnesota disabled veterans' rest camp, smoking by American Indians as part of a traditional spiritual or cultural ceremony, stage performances involving smoking, and outdoor areas. Local governments may regulate smoking more stringently than the state. On August 1, 2019, e cigarettes were banned in all locations that traditional cigarettes were banned. On August 1, 2023, smoking cannabis was included in the smoking ban, upon becoming legal. Golden Valley, March 31, 2009, banned within 25 feet (8 m) of entrances, exits, and ventilation openings of all areas of bars and restaurants; also in public parks and recreational facilities. Rochester, June 2010 Downtown smoke free zone includes the block of Second Avenue Southwest between Gonda and the Kahler, and the two block pedestrian mall known as the Peace Plaza. The zone was extended in June 2010 to include two blocks of West Center Street between the Kahler Grand Hotel, Methodist Hospital and the Gonda Building.

Statewide smoking ban: On June 1, 2009, the Nebraska Clean Indoor Air Act passed in February 2008 went into effect, banning smoking statewide in all enclosed workplaces in Nebraska, including all bars and restaurants. The Act exempts tobacco retail stores, designated hotel/motel smoking rooms, private residences, and places where scientific research about smoking is occurring. In April 2009, the Act was amended to further exempt cigar bars, as well. Local governments may regulate smoking more stringently than the Act.

Statewide smoking ban excluding bars, casinos, and designated restaurant smoking rooms: On December 8, 2006, after passage by 54% of voters on November 7, 2006, the Nevada Clean Indoor Air Act went into effect, banning smoking statewide in all enclosed workplaces. The act passed by voters initially included all restaurants as well as bars that serve food. The Act permits smoking without limitation in areas within casinos where minors are already prohibited, stand alone bars that do not serve food, strip clubs and brothels, retail tobacco stores, and private residences (including those that serve as an office workplace, unless used as a childcare, adult daycare, or healthcare facility). Private clubs and religious and fraternal organizations (including bars and restaurants inside these places), hotel and motel rooms, rented halls and rooms under control of the renter, college dormitory rooms, public housing, nursing homes, areas designated by hospitals, and alcohol/drug rehabilitation facilities are exempt from smoking regulation and can allow smoking indoors freely. All other places must designate smoking and nonsmoking areas and post appropriate signs. On January 1, 2010, House Bill 392 went into effect. It established an on premises cigar, beverage, and liquor license and allowed for cigar smoking at public cigar bars. Towns only can regulate smoking more strictly with regard to fire safety and sanitation. In 2003, the New Hampshire Supreme Court ruled that this means state law preempts towns from enacting stricter local smoking bans for health reasons.

Statewide smoking ban: On April 15, 2006, the New Jersey Smoke Free Air Act went into effect, banning smoking statewide in all enclosed workplaces in New Jersey, including all bars and restaurants, strip clubs, hospitals, psychiatric facilities, as well as outside portions of school grounds. The Act exempts cigar bars, tobacco retail stores, tobacco manufacturing facilities, private residences and private automobiles, off track betting parlors, and designated hotel/motel smoking rooms. Local governments may regulate smoking more stringently than the Act. On January 16, 2019, smoking was outlawed on all public beaches and in state parks. Violating the Act can result in a fine of between $250 and $1,000, depending how many violations one has incurred within a year. Atlantic City, banned on 75% of casino gaming floors. Pequannock, banned in public parks with ball fields or playgrounds in July 2011 through ordinance introduced by Mayor Rich Phelan.

Statewide smoking ban: On June 15, 2007, the Dee Johnson Clean Indoor Air Act went into effect, banning smoking statewide in all enclosed workplaces in New Mexico, including all bars and restaurants, as well as within a "reasonable distance" of the entrances to those places. The Act exempts (1) private residences except when being used to provide commercial childcare, adult care, or healthcare, (2) retail tobacco stores, (3) cigar bars, (4) tobacco manufacturing facilities, (5) casinos, (6) quit smoking programs, (7) designated outdoor smoking areas, (8) private clubs, (9) limousines under private hire, (10) designated hotel/motel smoking rooms, (11) enclosed areas within restaurants, bars, and hotel/motel conference/meeting rooms that are being used for private functions, (12) cultural or ceremonial activities by American Indians, (13) non bar/restaurant businesses with fewer than two employees that is not usually accessible to the public and all employees agree to allow smoking, and (14) stage, motion picture, or television productions involving smoking as part of the production. Penalties are $100 for a first violation, $200 for a second violation within 12 months and $500 for the third and subsequent violations. Local governments may regulate smoking more stringently than the Act.

Statewide smoking ban: Effective July 24, 2003, smoking is banned statewide in all enclosed workplaces in New York, including all bars and restaurants and construction sites. The law exempts (1) private homes and automobiles, (2) hotel/motel rooms, (3) retail tobacco businesses, (4) private clubs, (5) cigar bars (A cigar bar that makes 10 percent of its gross income from the on site sale of tobacco products and the rental of on site humidors, not including vending machines sales are exempt from the ban), (6) outdoor areas of bars and restaurants, and (7) enclosed rooms in restaurants, bars, convention halls, etc., when hosting private functions organized for the promotion and sampling of tobacco products. Local governments may regulate smoking more stringently than the state law. Breaking the state law can result in a fine of between $200 and $2,000, depending how many violations one has had within a year. Great Neck, Adopted January 4, 2011, smoking was banned on sidewalks in front of commercial buildings, Village Green park, and the Housing Authority. New York City, Effective May 23, 2011, smoking was banned in all parks, boardwalks, beaches, recreation centers, swimming pools and pedestrian plazas. On March 30, 2003, smoking was banned in all enclosed workplaces, including bars and restaurants; exempts tobacco bars, owner operated bars, separately ventilated smoking rooms in bars, private clubs with no employees, private functions organized for the promotion and sampling of tobacco products, and retail tobacco shops. Shortly after, on July 24, 2003, the statewide smoking ban came into effect. New York City may suspend or revoke a business's license if it has been found guilty of violating this law three times within 12 months.

Statewide smoking ban: On November 6, 2012, by a vote of 66%–34%, North Dakota voters ratified Initiative Measure Four, which, upon taking effect in December 2012, amends North Dakota's existing partial smoking ban so as to ban smoking statewide in all enclosed public places and places of employment, including all bars, restaurants, and tobacco stores. The ban exempts only (1) private residences except when operating as a childcare or adult day care facility, (2) outdoor areas except within 20 feet of the entrance to a public place or place of employment, (3) businesses not open to the public with no employees besides the owner, and (4) American Indian religious and cultural rituals.

Statewide smoking ban: On December 7, 2006, after passage by Ohio voters on November 7, 2006, Chapter 3794 (titled "Smoking Ban") of the Ohio Revised Code went into effect, banning smoking statewide in all enclosed workplaces in Ohio, including bars and restaurants. The law exempts (1) private residences except when being used as a business when employees other than the owner are present, (2) designated hotel/motel smoking rooms, (3) family owned and operated businesses not open to the public where all employees are related to the owner, (4) designated smoking areas in nursing homes, (5) retail tobacco stores, (6) outdoor patios, (7) private clubs with no employees. Oberlin, June 2010, banned smoking and the use of smokeless tobacco in city parks.

No statewide smoking ban. Instead, Oklahoma's statewide smoking law prohibits smoking in any indoor workplaces – including restaurants and hotels – unless a separate ventilation system under negative pressure is installed for ventilating the smoking area, but permits smoking without limitation in bars, private clubs, bingo halls, retail tobacco stores, small family owned workplaces, workplaces occupied exclusively by smokers, veterans' halls, and designated employee smoking areas. The Oklahoma law expressly preempts local governments from enacting any local smoking regulations that are not exactly the same as the state law.

Statewide smoking ban: Effective January 1, 2009, after being signed into law on June 26, 2007, the 1981 Oregon Indoor Clean Air Act (as previously amended in 2001) was amended to ban smoking statewide in all enclosed workplaces in Oregon, including bars and restaurants, as well as within 10 feet (3 m) of the entrances, exits, open windows, or intake vents of such places. The Act exempts (1) private residences except when serving as a childcare or adult care facility, (2) designated hotel/motel smoking rooms, (3) spaces designated for traditional American Indian religious and cultural ceremonies, (4) retail tobacco shops, and (5) cigar bars. Local governments may regulate smoking more stringently than the Act; and the Oregon Court of Appeals reiterated this in 2000. Effective January 1, 2014, smoking is banned in vehicles with passengers under 18 inside.

Statewide smoking ban excluding some bars. Effective September 11, 2008, after being signed into law by Governor Ed Rendell on June 13, 2008, Pennsylvania's 1988 Clean Indoor Air Act was amended to ban smoking statewide in all restaurants and other enclosed workplaces in Pennsylvania, except as exempted. The Act exempts (1) eating/drinking establishments where 20% or less of sales come from food AND persons under 18 are not allowed, (2) private homes and vehicles, except those used as a child daycare or adult care facility, (3) designated hotel/motel smoking rooms, (4) full service truck stops, (5) retail tobacco shops, (6) workplaces of tobacco manufacturers and wholesalers, (7) nursing homes, (8) designated smoking areas in day treatment facilities, psychiatric facilities, and healthcare facilities, (9) private clubs when public events are not being held, including volunteer fire, ambulance, and rescue stations, (10) tobacco related fundraisers, (11) places rented for tobacco exhibitions, (12) cigar bars, (13) 25% of a casino gaming floor, and (14) outdoor areas. Local governments except Philadelphia are preempted from regulating smoking more stringently than the Act. Philadelphia's smoking ordinance, which went into effect on January 8, 2007, bans smoking in all restaurants, exempting bars where food accounts for less than 10% of sales and alcohol accounts for more than 90% of sales, and persons under 18 are prohibited. As with the state ban, to receive exemption bars must apply for and receive the exemption. Philadelphia's ordinance is the only local smoking ban in Pennsylvania. 'Smoke Free Beaches' Program: Pennsylvania's 'Smoke Free Beaches' program was initiated by the Pennsylvania Department of Conservation and Natural Resources. This program places smoking constraints at designated parks to eliminate smoking on beaches and swimming areas. For visitors who smoke and still want to use these beaches, designated areas adjacent to the beach are provided. The restriction includes cigarettes, pipes, cigars and the increasingly popular e cigarettes. Staff at newly affected parks have been preparing for the change by purchasing and installing butt disposal units; installing new signage; establishing designated smoking areas with seating; and informing park user and support groups. In 2016, 12 state parks initiated new "Smoke Free Beaches". They were: Hills Creek, Tioga County; Lyman Run, Potter County; R. B. Winter, Union; Presque Isle, Erie; Pymatuning, Crawford, Laurel Hill, Somerset County; Whipple Dam, Huntingdon County; Gifford Pinchot, York County; Cowans Gap, Fulton County; Gouldsboro, Monroe County; Ricketts Glen, Luzerne County; and Worlds End, Sullivan.

Territory wide smoking ban: Effective March 2, 2007, smoking is banned territory wide in all enclosed workplaces in Puerto Rico, including bars and restaurants, as well as private vehicles when either a minor in a car seat or a child under 13 is present. The law exempts (1) retail tobacco stores, (2) theater and film productions and presentations in which actors smoke as part of their character, (3) private homes except when serving as a workplace, and (4) designated hotel/motel smoking rooms.

Statewide smoking ban: Effective January 1, 2007, as passed in March 2006 (amended in 2012), Utah's 1995 Indoor Clean Air Act was expanded to ban smoking statewide in all enclosed workplaces in Utah, including bars and restaurants (bars and private clubs were exempt until January 1, 2009), exempting only (1) designated hotel/motel smoking rooms, (2) areas of owner operated businesses with no employees besides the owner, and (3) American Indian religious and cultural ceremonies. Since the state law supersedes any ordinances passed by political subdivisions of the state (i. e., cities, counties, school districts, agencies, etc. ), such political subdivisions are preempted from regulating indoor smoking any more or less stringently than the Act. Utah is one of the few states with a statewide smoking ban that does not exempt tobacconists. Local outdoor smoking bans: Notwithstanding the preemption against political subdivisions modifying the restrictions on indoor smoking, the Act expressly allows such political subdivisions to regulate "smoking in outdoor places of public access which are owned or operated by" (emphasis added) a political subdivision (specifically including state institutions of public or higher education). and public transit facilities.

Statewide smoking ban: Effective September 1, 2005, smoking is banned in all enclosed workplaces in Vermont, including all bars and restaurants, except in private residences (unless if it is being used as a childcare facility or it smoking is banned under the landlord's request) as well as areas of owner operated businesses with no employees that are not open to the public, although separately ventilated designated smoking areas in businesses where employees are not required to be were exempt until July 1, 2009. Designated unenclosed smoking areas in businesses where the layout of the workplace is such that smoking would not be a physical irritation to any nonsmoking employee and three fourths of the employees agreed were also exempt until July 1, 2009.

No statewide smoking ban. Instead, Virginia's 2009 statewide smoking law, the 2009 Indoor Clean Air Act prohibits smoking statewide in enclosed public elevators, public school buses, primary and secondary schools, hospital emergency rooms, health department offices, polling places, indoor service lines and cashier lines, public restrooms in government buildings and hospitals, child daycare centers except where located in a private home, and public restrooms of health care facilities, and relegating smoking in restaurants (including bars) to separately ventilated designated smoking rooms that are structurally separated from the rest of the establishment. The Act exempts private clubs, retail tobacco stores, tobacco warehouses, tobacco manufacturing facilities, prisons, designated smoking areas in government offices, food preparation facilities for catering services, restaurants located on the premises of tobacco manufacturers, rented private rooms in restaurants; requires the reasonable designation of non smoking areas in educational facilities where smoking is not banned, hospitals, retail stores bigger than , and recreational facilities. A law which came into effect on July 1, 2016, banned smoking in private cars with any occupants who are 8 years or younger.

Statewide smoking ban: On December 8, 2005, after ratification by a majority of Washington voters in a statewide initiative referendum, an amendment to Washington's 1985 Clean Indoor Air Act became effective banning smoking statewide in all public places and places of employment in Washington (except 25% of hotel/motel rooms), as well as within 25 feet (8 m) of doors, windows, or ventilation intakes to such places. The act exempts private enclosed workplaces and private residences except when being used to provide licensed childcare, foster care, adult care, or other similar social service care. Washington does not provide exemptions for tobacconists or businesses whose sole purpose is to provide an environment for smoking (e. g. hookah lounges, cigar bars). However, private clubs in enclosed spaces with no employees, and businesses on tribal lands, are exempt. Local governments may regulate smoking more stringently than the act,

No statewide smoking ban. Instead, West Virginia's statewide smoking laws generally prohibit smoking in (1) public transportation vehicles where a "no smoking" sign is posted, (2) areas of public school except teacher's lounges not accessible to students (unless a local education board rules differently), (3) workplaces where a "no smoking" sign is posted, (4) areas near surface magazines for explosives used in mining, (5) mines and structures around mines, (6) nonsmoking sections in bingo halls, and (7) nonsmoking areas in nursing homes. No West Virginia law requires the designation of nonsmoking areas generally in enclosed workplaces. In 2003, the Supreme Court of Appeals of West Virginia ruled that county health boards may regulate smoking more stringently than the state, except in bingo halls and retirement homes. As of April 2009, 51 of the 55 counties and two cities in West Virginia have enacted local smoking bans to varying degrees. The Act exempts cigar bars or retail tobacco stores already in existence, private homes, and rooms in nursing homes where occupants agree to allow smoking. It also exempts bars and restaurants consisting of two or more walls with openings that allow air in from the outside and cover at least 25% of each wall's surface area. It does not include casinos run by American Indian tribes, as those casinos are in the tribes' sovereign territory.