The Michigan Senate passed House Bill 4343, which bans tobacco advertising on billboards statewide. The law taking effect January 1, 2000, will allow outdoor advertisers time to replace tobacco ads with non-tobacco advertising.

The state Senate action ends a long battle with tobacco supporters who argued the law violated the industry's right to free speech. State Rep. Tom Alley, who authored House Bill 4343, said the passage of the ad ban was due in large part to its simplicity.

"Our bill was strictly aimed at reducing the influence of tobacco advertising on children," said Alley.

According Detroit Free Press research and the outdoor advertising industry, there are about 12,000 outdoor advertising displays in Michigan, nearly 1,000 of which advertise tobacco and alcohol.

"The law was designed as a prevention measure," said Sergio Santiviago, an Aide to state Sen. Loren Bennett, who authored a similar bill in the Senate, but voted for the House version in December. "Is it the only way to prevent children from smoking? No, but it is a good step."

"The law makes a strong statement," said Alley. "It says preying on children is wrong."

That statement may be the law's only legacy, however. While state officials doubt the industry will attempt to defeat the law in court, supporters of the new law admit it is a moot point given the recent $206 billion settlement between major tobacco companies and 46 states, which includes Michigan. As part of the settlement, the tobacco companies have agreed to remove this advertising from billboards and refrain from using cartoon characters to promote their products.

"One thing that makes [the situation] interesting is the tobacco settlement," said Santiviago. "The law wasn't necessary, but you never know what one party will do in a settlement. Minds could change. We felt it was an important enough issue and it should be passed."

New York City lawmakers had similar intentions, but their law - which banned outdoor advertising of tobacco within 1,000 feet of schools, playgrounds, arcades, and youth centers - fell victim to the same argument used to thwart the US Food and Drug Administration (FDA) efforts to regulate tobacco advertisements.

US District Judge Deborah A. Batts ruled the New York City law was preempted by the 1965 Federal Cigarette Labeling and Advertising Act, ruling the federal law makes regulation of tobacco advertising a responsibility of Congress, not states or local governments. The New York City Council enacted their tobacco billboard ban January 1998, but chose not to enforce it while awaiting the outcome of this lawsuit, which was brought on by associations of food industry businesses, advertisers, and advertising executives.

In 1996, the FDA established advertising restrictions on tobacco companies, including a ban on outdoor tobacco advertising 1,000 feet from schools and playgrounds, and prohibiting distribution of items such as hats and T-shirts bearing tobacco company logos and brand names. Shortly after, major tobacco companies filed suit in federal court, arguing that Congress did not give the FDA authority to regulate tobacco advertising.

City Council Speaker Peter Vallone vowed the city would appeal the federal court decision. "Today's decision is a setback for the children of New York City," he said. "The city will appeal and we are confident that we will get this decision overturned."

New York would have joined some 21 other municipalities that have passed restrictions on tobacco advertising, including Chicago, Fort Worth, Baltimore, Las Vegas and Tucson.

If enforced, the law would have been one of the toughest in the nation. Aside from the 1,000-feet ban, it outlawed ads within 5 feet of store windows and promotional giveaways to children.

"The Council's Youth Protection Act has one aim and one aim only - to protect young people from the negative effects of tobacco advertising," Vallone said. "All research shows teenage smoking is skyrocketing and one of the biggest reasons is the advertising targeting young people."