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HomeMy WebLinkAboutMINUTES - 07251995 - D3 TO: BOARD OF SUPERVISORS10-5 T.. ,. Contra FROM: INTERNAL OPERATIONS COMMITTEE , Costa DATE: July 1.7, 1995 County .STA....___..: CUUN'� SUBJECT STATUS REPORT ON PROPOSED ORDINANCE TO PROHIBIT ADVERTISING ALCOHOL AND TOBACCO PRODUCTS ON BILLBOARDS LOCATED WITHIN 2000 1:5=1=T CIF A SC_Hnnl SPECIFIC REQUEST(S)OR RECOMMENDATION(S)3 BACKGROUND AND JUSTIFICATION RECOMMENDATIONS: 1. DIRECT the Community Development Director to.offer to meet with representatives from the owners of the ten billboards in Contra Costa County identified as being in the unincorporated area of the County and within 2000 feet of a school for the purpose of determining whether it is possible to negotiate a voluntary agreement which would accomplish the following objectives: ❑ "Cap"or"freeze"the number of billboards in the unincorporated area of the County which are within 2000 feet of a school so that no additional billboards are located in the unincorporated area of Contra Costa County within 2000 feet of a public or private elementary or secondary school. ❑ Provide for the transfer of the ten identified billboards from their present locations to alternative locations in the unincorporated area of the County which are: d In an area no more likely than the present location to expose under- age individuals (under the age of 18 for tobacco products and 21 for alcohol products) to tobacco or alcohol products. Acceptable to the billboard owner. d In compliance with statutory requirements and County land use regulations. CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER. V�W-.•C. SIGNATURES MARK BeGAUI=NER 1#4 RQGr--R$-; ACTION OF BOARD Ola APPROVED AS RECOMMENDED OTHER JJ , 1995 VOTE OF SUPERVISORS 1 HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS(ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. CC: ATTESTED `� -5— POIL BA7 ELOR.CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR See Page 4 BY DEPUTY 10-5 ❑ Exempt from this "cap and relocate" proposal any billboard on which tobacco or alcohol advertising is currently prohibited because of the billboard companies' voluntary national policy of not advertising tobacco and alcohol products on billboards which are within 500 feet of a school. 2. DIRECT the Community Development Director to report to the Internal Operations Committee on the results of these negotiations on Monday, September 18, 1995 at 9:00 A.M. and to furnish a written report on this subject to the County Administrator's Office by Monday, September 11, 1995 so it can be distributed to interested individuals in preparation for the September 18, 1995 meeting. 3. AGREE that in the meantime it is not the Board's intent to take any substantive action in regard to an Ordinance which prohibits the advertising of alcohol or tobacco products on billboards located within 2000 feet of a school. 4. DIRECT the Health Services Director, in consultation with the County Counsel's Office, to complete the documentation of the findings contained in the proposed Ordinances, including summarizing those steps which the County and cities within the County have taken to prevent, reduce or eliminate the use of tobacco and alcohol products by young people who are prohibited by law from purchasing such products and present his report on this subject to the Internal Operations Committee on September 18, 1995 and to furnish a written report on this subject to the County Administrator's Office by Monday, September 11, 1995 so it can be distributed to interested individuals in preparation for the September 18, 1995 meeting. 5. DIRECT the County Counsel to review the draft Ordinance prohibiting the advertising of tobacco products on billboards in the unincorporated area of the County located within 2000 feet of elementary or secondary schools to insure that the Ordinance does not prohibit anti-smoking ads sponsored by the State Department of Health Services and financed pursuant to the provisions of Proposition 99 and return any revised draft to the Internal Operations Committee on September 18, 1995. BACKGROUND: On May 9, 1995, the Board of Supervisors approved a report from our Committee on this subject which directed the Health Services Director, County Counsel and Community Development Director to take certain actions and return their work product to our Committee. On July 17, 1995 our Committee met with about 40 individuals, including staff from the County Counsel's Office, the Health Services Department, the Community Development Department, Patrick Media Group, Gannett Outdoor Company, Anheuser-Busch, Markstein Beverage Company, the Tobacco Institute, the American Association of Advertising Agencies, Inc., the 1995-96 Grand Jury, the Countywide Youth Commission, and several interested citizens. Dennis Barry, Deputy Director of the Community Development Department summarized his written report, noting that he and the billboard companies had identified 27 billboards in the unincorporated area of the County, 10 of which are within 2000 feet of a public or private elementary or secondary school. [See Attachment# 1] Diana Silver and Vic Westman from the County Counsel's Office noted that they had split the previous Ordinance into two Ordinances, one for alcohol products and one for tobacco products, attempting not to make any substantive change in the previous draft Ordinance. [See Attachment# 2] Julie Freestone from the Health Services Department noted the introduction of 92 studies and articles into the record, defending the findings in the Ordinance. [See Attachment# 3. Copies of all 92 articles are available upon request but are not attached to this report, 2 10-5 although this attachment identifies each of the articles.] In addition, Ms. Freestone referenced the briefing packet which had been prepared by staff of the Health Services Department which is accepted as a part of the record. [See Attachment#4] P. Cameron DeVore, First Amendment attorney for Anheuser-Busch, introduced the individuals appearing on behalf of Anheuser-Busch and read a prepared statement. [See Attachment# 5] Deborah Ringold, Ph.D., Associate Professor of Marketing at the Atkinson Graduate School of Management at Willamette University, read from a prepared statement. [See Attachment # 6] David Remes, Counsel to the Tobacco Institute, read a prepared statement, introduced the following documents into the record and introduced Dr. Wolf: © "State and Local Tobacco Advertising Bans are Preempted by Federal Law and Violate the First and Fourteenth Amendments". ® Judgment on Decision by the Court in the case of Karen Sparks v. R.J. Reynolds Tobacco, Case # C94-783C, U.S. District Court, Western District of Washington, December 9, 1994. O "Cigarette Advertising Bans and Smoking: The Flawed Policy Connection", by Jean J. Boddewyn, International Journal of Advertising. 1994, 13, (4) pages 311-332. ® "The DiFranza/JAMA/Joe Camel Research: Let's Look at the DATA!", Joel S. Dubow, presented at the Marketing and Public Policy Conference, Atlanta, Georgia, May 19-21, 1995, from the Proceedings of the Conference. ® "The Effects of Tobacco Sales Promotion on Initiation of Smoking", a letter to the Editor, published in the Scandinavian Journal of Social Medicine, Volume 22, No.3 (1994). ® Advertising White Paper. [These documents are not attached but are available for review]. Michelle Wolf, Ph.D., Professor at San Francisco State University, read a prepared statement. [See Attachment# 7] Supervisor DeSaulnier asked about the possibility of having the billboard companies voluntarily move the ten billboards to alternative locations so that no billboards in the unincorporated area of the County were within 2000 feet of a public or private elementary or secondary school. Steve Shinn, representing Gannett Outdoor Company, introduced a letter from the Contra Costa Association for Retarded Citizens. [See Attachment#8] Mr. Shinn also indicated that he was willing to work with the County's Community Development Department to identify a mutually acceptable solution to the problem. A "cap and replace" program should not take more than 6 months to a year to fully implement. Supervisor DeSaulnier asked whether information was available regarding what percentage of the time over the past 2 or 3 years these 10 billboards had actually had alcohol or tobacco advertising on them. In response, one of the billboard company representatives indicated that they now have computerized records on what advertising has been on which billboards for the past two years and can provide that information. Supervisor Rogers indicated that he had some problems with the proposal to move the 10 billboards since relocating them would likely upset the residents of the neighborhood to which the billboards are relocated and suggested that he would prefer going ahead with the adoption of the Ordinance. 3 10-5 Supervisor DeSaulnier suggested that while there would be a problem moving a billboard within a densely populated city, the County has sufficient land in the unincorporated area of the County that it should be possible to find appropriate locations that do not upset nearby residents. He also suggested that the billboard companies should be given an opportunity to see whether they can reach agreement with the Community Development Department and then report back to the Committee. In the meantime, the record should be left open for the submission of additional testimony. Francine Katz questioned the wisdom of County staff in proposing the ordinance without knowing how many billboards were affected and whether any of the affected billboards ever actually carried alcohol or tobacco advertising. Arnie Freeman, Vice President, Western Region, American Association of Advertising Agencies read a prepared statement. [See Attachment # 9]. We should also note that a letter from the American Association of Advertising Agencies dated July 11, 1995 was received by Supervisor Bishop and forwarded to our Committee. [See Attachment# 10] Joel White, M.D. commented in support of the Ordinance. Tyrone Tone, a member of the Countywide Youth Commission, commented in support of the Ordinance. Regina Penna and her daughter, Marina, commented in support of the Ordinance. Ellen Joe, a member of the Countywide Youth Commission, testified in support of the Ordinance. Lisa Korpus testified in support of the Ordinance. Dr. Ringold called to the Committee's attention what she considered the most complete examination of the subject of the impact of advertising on alcohol consumption and loaned the Committee members her copy of the book, "Advertising, Alcohol Consumption, and Abuse" by Joseph C. Fisher, Greenwood Press, Westport, Conn. (1993). [This book is not attached to this report but was received in evidence and is a part of the record. It is available for review]. At the conclusion of all testimony, our Committee agreed to make the above recommendations to the Board of Supervisors. We plan to meet again with all parties on September 18, 1995 and will make a further report to the Board following that meeting. cc: County Administrator County Counsel Community Development Director Health Services Director Public Health Director 4 AITAGWENT #1 CONTRA COSTA COUNTY COMMUNITY DEVELOPMENT DEPARTMENT To: Internal Operations Committee Date: July 12, 1995 From: Dennis M. Barry, AIC Deputy Director Subject: Billboard Locations in Unincorporated Contra Costa County On May 9, 1995, the Board of Supervisors directed the Community Development Department to report to the Internal Operations Committee on the location of billboards in the unincorporated County, particularly identifying those within 2 , 000 feet of schools . The directive was inclusive with respect to the locations of the schools, be they within the geographic limits of the cities, or the unincorporated area. With the assistance of representatives of the Gannett and Patrick advertising companies, staff identified the locations of the billboards in the unincorporated area and field checked the locations on a 600 ft . to the inch-scale series of base maps . Public and private schools listed in the Thomas Brothers Maps were then plotted on those maps and the attached 4, 000 ft . to the inch-scale maps, along with the billboards . (See Figures 1-4) Finally, the billboards located within 2, 000 feet of a school were identified as "Affected Locations" on the County Billboard Location figures . This exercise resulted in the identification of 10 billboards out of a total of 27 located in the unicorporated area which would be affected by the proposed ordinance prohibiting alcohol and tobacco product advertising within 2, 000 feet of schools . cc: County Administrator County Counsel ZT 950007 i County Billboard Locations EI Sobrante / North Richmond Area Figure 1 '.�r4. �.:•r r..Q. x•k•> / -. Qt• }:+}rw'•='•'+�'•w`+�4'i .:•o$'+'.. North « x;>;.. xi!NiiSiS i♦k;.:::::.:...+!. 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(r� v✓v. j}i? +v:^:ta`:-???}$Y-£££':3}.i;£::':j::ktk}<:}ti}??£?: ':ice?:i:�y��?k:$:4?}}i$:4£'}r:${ r.R.f ^+/.A++!}.vl::v.:v.. :^?rrrw?•.v:?-'.v;..l. •:..:fi `•Yl.+f. ,. f..,....:6:`?+ .: ...... .... ... ....iw}:r•-,.:.r../l,..... .?:ay-:?^,{.r?.::vr.'rvy:::i•T}:ti::::::tv:::::::n:........:.:v.:::?:: w.v::.:1:::::::•<.:4 :i ? .wr.3:.�• :tt:t�'' {'.$$ F t'^ ":f}Y ,y £:• ':ji�; :}???iF•;':'+£`::??ii �•isi::•i£�:i�•$•: ri�;tiy�::��<::��+j'$�:'$:?{{jfii:F�f i. i $$:kv4•}?iii?}????:;•ii7 t•`: ::1 r cc ,ITRA CosTA RECEIVED COUNTY COUNSEL'S OFFICE CONTRA COSTA COUNTY MARTINEZ, CALIFORNIA ' Date: July 10, 1995 f F ; OFFICEOF I COUNTY ADUNISTRATOR To: Internal Operations Committee From: Victor J. Westman, County Counsel �tosel By: Diana J. Silver, Deputy County Re: Ordinances Prohibiting Billboard Advertising of Alcohol and Tobacco Products Pursuant to Board Order of May 9, 1995, this office has , prepared the attached two ordinances . The first ordinance prohibits advertising of tobacco products on billboards within 2, 000 feet of schools within the unincorporated area of the County. The second proposed ordinance prohibits advertising of alcoholic beverages on billboards within 2, 000 feet of schools within the unincorporated area of the County. It may be necessary to modify, amend, or delete some of the proposed findings in order to conform to documentation which may be submitted by the Health Services Department and testimony which may be presented at a subsequent Board of Supervisors' hearing on these proposed ordinances . To date, this office has not received any information from the Health Services Department concerning the identity or nature of the studies and documentation they propose to submit to the Internal Operations Committee in support of the findings proposed in the ordinances . DJS :bmw CC : Jim Rogers, Supervisor District 1 Mark DeSaulnier, Supervisor District 4 Dennis Barry Community Develonpment Department 'a` p Mark Fincuane, Director, Health Services Department Wendel Brunner, M.D. Director, Public Health Attn: Julie Freestone, Tobacco Control Project Chuck Deutschman, Substance Abuse Program Director Attn: Amalia del Valle, Substance Abuse Division Attachments djs-4\a:\tob-adv1.ord ( 1 ORDINANCE NO. 95- ORDINANCE PROHIBITING ADVERTISING OF TOBACCO PRODUCTS ON BILLBOARDS NEAR SCHOOLS The Contra Costa County Board of Supervisors ordains as follows (omitting the parenthetical footnotes from the official text of the enacted or amended provisions of the County Ordinance Code): _ SECTION I. SUMMARY. This ordinance adds Article 88-6.16 to the County Ordinance Code to prohibit outdoor advertising of tobacco products in the unincorporated area of the county on billboards near schools. SECTION II. Article 88-6.16 is added to the County Ordinance Code to read: Article 88-6.16 Billboards Advertising Tobacco Products 88-6.1602 Purpose and Findings. The board of supervisors finds the following: (1) California Penal Code section 308 makes it unlawful for any person to knowingly sell, give, or in any way furnish tobacco products to any individual under the age of 18 years. (2) More than three (3) million minors under the age of 18 consume more than 947 millions packages of cigarettes annually in the United States, yielding gross sales to the tobacco industry each year of approximately $1 billion. (3) Outdoor advertisements are a unique and distinguishable medium of advertising which subjects the-b pmral-public to involuntary and unavoidable forms of solicitation, - as the United States Supreme Court recognized in upholding Utah's ban on tobacco billboards in Packer Corporation v. Utah (1931) 285 U.S. 105. (4) A ban of cigarette billboards in residential neighborhoods has been upheld by a federal district court (Penn Advertising of Baltimore, Inc. v. City of Baltimore (U.S.D.C. Md. 1994) 862 F.Supp. 1402) against both First Amendment and federal preemption challenges. (5) As recognized by the courts, "if advertising increases consumption among the general population, it is also reasonable to accept the proposition that advertising increases consumption among youths. If anything, this statement may be more applicable to the youthful population than to the adult population due to the impressionable nature of youngsters." (Penn Advertising v. City of Baltimore et al. (U.S.D.C. Md. 1994) 862 F.Supp 1402). (6) The United States Supreme Court and other courts have recognized the positive relationship between advertising and consumption.' (7) In addition to judicial recognition of the general link between advertising and consumption, there is specific and convincing evidence that tobacco advertising plays a significant role in stimulating illegal consumption of tobacco products by minors, including: Davis R. "Current trends in cigarette advertising and marketing". New England Journal of Medicine. 1987; 316: 725-732. Chapman S., Fitzgerald B. "Brand-preference:-_ -xhrertising recall in adolescent smokers: some implications for health promotion". American Journal of Public Health. 1982; 72: 491-494 Klintzner M. Gruenewald PJ, Bamberger E. "Cigarette advertising and adolescent experimentation with smoking." British Journal of Addiction. 1991; 86: 287-298 Goldstein AO, Fischer PM, Richards JW, Cretin BA. "Relationship between high school student smoking and recognition of cigarette advertisements." Journal of Pediatrics. 1987; 110: 488-491 Hunter SM, Webber LS, Berenson GS. "Cigarette smoking and tobacco usage behavior in children and adolescents: Bogalusa Heart Study." Preventive Medicine. 1980; 9: 701-712 Hunter Sm, Croft JB, Burke GL, Parker FC, Webber LS, Berenson GS. "Longitudinal patterns of cigarette smoking and smokeless tobacco use in youth: the Bogalusa Heart Study." American Journal of Public Health. 1986; 76: 193-195 Aitken PP, Leathar DS, O'Hagan FJ, Squair SI. "Children's awareness of cigarette advertising and brand imagery." British Journal of Addiction. 1987: 82:615-622 Charlton A. "Children's advertisement awareness related-lo their views of smoking Health Education Journal. 1986; 45(2) 75-78 Aitken PP, Leathar DS, Squair SI. "Children's awareness of cigarette brand sponsorship of sports and games in the UK". Health Education Research. 1986; 1:203-211 1 See Central Hudson Gas and Elec. v. Pub. Serv. Comm'n (1980) 447 U.S. 557, 569; Posadas de Puerto Rico Assoc. v. Tourism Co. of Puerto Rico (1986) 478 U.S. 328, 341-342; Dunagin v. City of Oxford (1983) 718 F.2d 738, 747-751, cert. den. 104 S.Ct. 3533 (1984). ORDINANCE NO. 95- 2 Alexander HM, Calcott R. Dobson AJ, et al. "Cigarette smoking and drug use in school children, IV: factors associated with changes in smoking behavior". International Journal of Epidemiology. 1983; 12: 59-66. (8) Minors who spend their money to buy cigarettes and other tobacco products illegally will have less money to spend on legal and productive educational, recreational and social activities. (9) Cigarettes can cause fires, which are likely to happen where minors are illegally using tobacco products, a cause of property damage, death, injury and destruction of parklands. _ (10) The County Health Services Department has submitted materials regarding the illegal use of tobacco products by minors as follows: [County statistics from Health Services Dept. could be inserted here if they.are submitted] (11) An ordinance restricting the placement of advertisements for tobacco products on billboards is a reasonable and necessary measure for reducing illegal consumption of tobacco products by minors. (12) In order to protect legitimate business activities and to narrowly focus its effort on those advertisements which most directly affect minors who attend school, this ordinance has been narrowly tailored to protect students coming to or leaving school, or on lunch breaks or other breaks near schools. (13) Testimony and documents submitted to this Board indicate that tobacco product advertising affects minor's illegal use of tobacco, see e.g. study showing that Joe Camel cartoon character is better known to minors than the Mickey Mouse cartoon character. (14) Evidence mounts daily as to the connection between underage smoking and -- tobacco advertising, as in a study by the U.S. Department-of Health- and.Human Services, "Preventing Tobacco Use Among Young People: A Report of the Styrgeon General". Atlanta, Georgia: U.S. Department of Health and Human Services, Public Health Service, Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health, 1994. (15) The 1994 Surgeon General's Report contains alarming statistics and is replete with studies which establish a strong relationship between cigarette advertising images which promote the concepts of independence, healthfulness, adventure-seeking and youthful activities, themes correlated with psychosocial factors that appeal to young people, and the prevalence of initiation to smoking among the young in violation of state laws (Surgeon General's Report at p. 195). ORDINANCE NO. 95 3 (16) Articles appearing in medical journals and public health publications overwhelmingly support the theory that there is indeed a strong correlation between exposure to tobacco product advertising and smoking by youth who obtain cigarettes and other tobacco products in violation of state laws. (17) Cigarette manufacturers, such as Philip Morris, U.S.A., acknowledge through various promotional campaigns, such as its "its the Law" program that smoking is an "adult decision" and that it is contrary to their intent for children and teens to smoke and note that it is illegal to sell cigarettes and other tobacco products to minors. — =- ) Jpon consideration of the reports and studies cited and testimony and documents presented at Board hearings on this matter, the connection between advertising which subjects youth involuntarily and unavoidably to tobacco product advertising is so strong as to make such advertising a distinct and undeniable threat to the safety and welfare of the young as well as a strong inducement to violation of laws concerning the gift, sale or distribution of tobacco products to minors either by manufacturers, producers, distributors, wholesalers or retailers or their agents, employees or representatives, including the purchase of such products from vending machines. (19) Billboard advertising encourages the violation of state laws which prohibit the use or possession of tobacco products by underage persons, violations of which subject youth to enforcement procedures and disciplinary measures. (20) It is the intent of the Board in the enactment of this ordinance to prevent the violation and subversion of state laws enacted specifically for the protection of minors by the elimination of tobacco products billboards within 2000 feet of a school. (21) Billboard advertising displays promoting the consumption or use of tobacco products within 2000 feet of a school are inimical to the enforcement of laws relating to the use of tobacco products by minors. 88-6.1604 Definition. "Billboard" means any outdoor advertising sign (as defined in this code) which is at least forty square feet.in area. - 88-6.1606 Exemption. This article shall not apply to a billboard that is an accessory sign, as defined in this code. 88-6.1608 Prohibition of Advertising of Tobacco Products. No person, firm, corporation, partnership, or other organization shall permit any nonaccessory billboard advertising a tobacco product to be placed or located within the unincorporated area of the county, if the billboard is within 2,000 feet of any public or private elementary or secondary school. ORDINANCE NO. 95- 4 ...... ...... .. 88-6.1610 Removal of Existing Advertisements of Tobacco Products. Any advertisement on a billboard that advertises a tobacco product existing on the effective date of this article and that violates section 88-6.1608 shall be removed within 90 days after said effective date; provided that, any person, firm, corporation, partnership of other organization having a valid contract for the placement of such advertisement shall be permitted to retain such advertisement until the contract is terminated or expires, so long as said contract was entered into and in effect as of , and is not renewed or extended beyond its initial term. 88-6.1612 Abatement of Illegal Advertisements. Whenever the Community Development Director, or his or her designee, determines that a violation of section 88-6.1608 exists, the Director may- nixiat-_tt,e,_abatement procedures specified in the Uniform Public Nuisance Abatement Procedure (article 14-6.4 of this code), or otherwise specified in this code. SECTION III. EFFECTIVE DATE. This ordinance becomes effective 30 days after passage, and within 15 days of passage shall be published once with the names of the supervisors voting for and against it in the , a newspaper published in this County. PASSED ON by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: PHIL BATCHELOR, Clerk of the Board of Supervisors Board Chair and County Administrator By [SEAL] Deputy djs-4V&ob-bi11.ord ORDINANCE NO. 95- 5 �—- r ---------------------------- LA " AFT ORDINANCE NO. 95- ORDINANCE PROHIBITING ADVERTISING OF ALCOHOLIC BEVERAGES ON BILLBOARDS NEAR SCHOOLS The Contra Costa County Board of Supervisors ordains as follows (omitting the parenthetical footnotes from the official text of the enacted or amended provisions of the County Ordinance Code): SECTION I. SUMMARY. This ordinance adds Article 88-6.18 of the County Ordinance Code to prohibit outdoor advertising of alcoholic beverages in the unincorporated area of the county on billboards near schools. SECTION II. Article 88-6.18 is added to the County Ordinance Code to read: Article 88-6.18 Billboards Advertising Alcoholic Beverages 88-6.1802 Purpose and Findings. The board of supervisors finds the following: (1) California Business and Professions Code section 25658 makes it unlawful for any person to sell, furnish, or give any alcoholic beverages to any person under the age of 21 years. California Business and Professions Code section 25662 makes it unlawful for any person under the age of 21 years to have an alcoholic beverage in his or her possession in any public place. (2) Alcoholic beverages are the second most heavily advertised product in America (after cigarettes) and the alcoholic beverages industry spends more than $100 million annually for outdoor advertising of its products. (3) A ban on billboards advertising alcohol products.in all but certain designated business and industrial zones succeeded against a First Amendment challenge because the court found that the ordinance directly advanced a substantial governmental interest (preventing violation of state laws) and was not more extensive than necessary to serve that interest. (Anheuser-Busch, Inc. et al. v. City of Baltimore, et al. (U.S.D.C. Md. 1994) 855 F. Supp 811) (4) As recognized by the courts, "if advertising increases consumption among the general population, it is also reasonable to accept the proposition that advertising increases consumption among youths. If anything, this statement may be more applicable to the youthful population than to the adult population due to the impressionable nature of youngsters." (Penn Advertising v. City of Baltimore et al. (U.S.D.C. Md. 1994) 862 F.Supp 1402) (5) The United States Supreme Court and other courts have recognized the positive relationship between advertising and consumption. (6) In testimony before this Board, it was stated that a ban on billboards advertising alcoholic beverages would decrease sales of alcohol in Contra Costa County liquor stores, thus contradicting the official position of the alcohol industry that advertising only affects brand name choices not overall consumption. (7) The County Health Services Department has submitted materials regarding the illegal use of alcohol by minors as follows: [County statistics from Health Services Dept. could be inserted here if they are submitted] (8) According to 1992 reports by then U.S. Surgeon General, Dr. Antonia Novello ("Youth and Alcohol: Dangerous and Deadly Consequences") and then U.S. Inspector General, Richard Kusserow ("Youth and Alcohol: Drinking and Crime"): about one-third of all juvenile males arrested said they had used alcohol in the previous 72 hours. nearly 40% of youths in adult correctional facilities reported drinking before committing the crime. 18% of high school females and 39% of high school males say that "it's okay to force sex if the girl is drunk." a "striking association" exists between alcohol use and using firearms to commit suicide by 10-to 19-year olds. 40% to 50% of young males who drowned had consumed alcohol prior to drowning. 40% to 50% of youths injured driving had consumed alcohol prior to driving. Among high school seniors, twice as maoy frequent binge drinkers skipped school (55% versus 25%), and nearly five times as many seniors who binged frequently damaged school property (36% versus 8%). ` See Central Hudson Gas and Elec. v. Pub. Serv. Comm'n (1980) 447 U.S. 557, 569; Posadas de Puerto Rico Assoc. v. Tourism Co. of Puerto Rico (1986) 478 U.S. 328, 341-342; Dunagin v. City of Oxford (1983) 718 F.2d 738, 747-751, cert. den. 104 S.Ct. 3533 (1984). ORDINANCE NO. 95- 2 (9) An ordinance restricting the placement of advertisements for alcoholic beverage products on billboards is a reasonable and necessary measure for reducing illegal consumption of alcoholic beverages by minors. (10) In order to protect legitimate business activities and to narrowly focus its effort on those advertisements which most directly affect minors who attend school, this ordinance has been narrowly tailored to protect students coming to or leaving school, or on lunch breaks or other breaks near schools. (11) Testimony and documents submitted to this Board indicate that alcohol advertising affects minors' illegal use of alcohol. - -- (12) Upon consideration of the reports and studies cited and testimony and documents presented at Board hearings on this matter, the connection between advertising which subjects youth involuntarily and unavoidably to alcohol beverage products advertising is so strong as to make such advertising a distinct and undeniable threat to the safety and welfare of the young as well as a strong inducement to violation of laws concerning the gift, sale or distribution of alcoholic beverage products to minors either by manufacturers, producers, distributors, wholesalers or retailers or their agents, employees or representatives, including the purchase of such products from vending machines. (13) Billboard advertising encourages the violation of state laws which prohibit the use or possession of alcohol by underage persons, violations of which subject youth to enforcement procedures and disciplinary measures. (14) It is the intent of the Board in the enactment of this ordinance to prevent the violation and subversion of state laws enacted specifically for the protection of minors by the elimination of alcohol beverage billboards within 2000 feet of a school. (15) Advertising displays on billboards promoting the consumption or use of alcohol beverages within 2000 feet of a school are inimical to the enforcement of laws relating to the use of alcoholic beverages by minors. 88-64804 Definition. 'Billboard" means any outdoor advertising sign (as defined'in this code) which is at least forty square feet in area. 88-6.1806 Exemption. This article shall not apply to a billboard that is an accessory sign, as defined in this code. 88-6.1808 Prohibition of Advertising of Alcoholic ]Beverges. No person, firm, corporation, partnership, or other organization shall permit any nonaccessory billboard advertising an alcoholic beverage to be placed or located within the unincorporated area of the county, if the billboard is within 2,000 feet of any public or private elementary or secondary school. ORDINANCE NO. 95- 3 88-6.1810 Removal of Existing Advertisements of Alcoholic Beverages. Any advertisement on a billboard that advertises an alcoholic beverage existing on the effective date of this article and that violates section 88-6.1808 shall be removed within 90 days after said effective date; provided that, any person, firm, corporation, partnership of other organization having a valid contract for the placement of such advertisement shall be permitted to retain such advertisement until the contract is terminated or expires, so long as said contract was entered into and in effect as of , 1995, and is not renewed or extended beyond its initial term. 88-6.1812 Abatement of Illegal Advertisements. Whenever the Community Development Director, or his or her designee, determines that a violation of section 88-6.1808 exists, the Director may—initiate the abatement procedures specified in the Uniform Public Nuisance Abatement Procedure (article 14-6.4 of this code), or otherwise specified in this code. SECTION III. EFFECTIVE DATE. This ordinance becomes effective 30 days after passage, and within 15 days of passage shall be published once with the names of the supervisors voting for and against it in the , a newspaper published in this County. PASSED ON by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: PHIL BATCHELOR, Clerk of the Board of Supervisors Board Chair and County Administrator By [SEAL] Deputy djs4\a Aato-bill.ord ORDINANCE NO. 95- 4 Contra Costa County ATTACI"m #3 The Board of Supervisors HEALTH SERVICES DEPARTMENT OFFICE OF THE DIRECTOR Jim Rogers, 1st District Jeff Smith,2nd District sE Mark Finucane, Director Gayle Bishop,3rd District 20 Allen Street Mark DeSauinier,4th District f Martinez,California 94553-3191 Tom Torlakson,5th District a s (510)370-5003 County Administrator �•••�_ - •� FAX(510)370-5098 Phil Batchelor °sr--count; County Administrator To: Internal'Operations Coy*nrand (Supervi%`�K-- Supervisor Jim Rogers) From: Mark Finucane, Hth Services Dimtor Subject: Background Materials Regarding Billboard Advertising of Alcohol and Tobacco Products Date: July 12, 1995 As you requested at your May 1 meeting, we are providing you with a voluminous amount of research material related to the impact of tobacco and alcohol advertising on the behavior and attitudes of young people. To make it easier for you to access the information, we have complied lists of both the tobacco and alcohol materials. The research confirms what we have already heard at public hearings: tobacco and alcohol advertising have a clear impact on the use patterns of young people. A very recent study on tobacco use in California, conducted by the University of California, San Diego, is illustrative of much of the research to date: "An increasing body of evidence points to the seminal role that tobacco advertising plays in the initiation of smoking." Dozens and dozens of organizations across the country and here in this county have recommended partial or complete bans on advertising both alcohol and tobacco. We will be available at the July 17th meeting to answer questions and provide additional information as necessary. Merrithew Memorial Hospital&Clinics Public Health - Mental Health • Substance Abuse Environmental Health Contra Costa Health Plan Emergency Medical Services • Home Health Agency Geriatrics A-345 (12/94) Alcohol Research Material Related to the Proposed Contra Costa County Billboard Ordinance Atkin, Charles K. EFFECTS OF TELEVISED ALCOHOL MESSAGES ON TEENAGE DRINKING PATTERNS-Journal of Adolescent Health Care Vol. 10, No.6,November 1989(1-15) Buchanan,David R. BEER AND FAST CARS; HOW BREWERS TARGET BLUE- and Lev,Jane COLLAR YOUTH THROUGH MOTOR SPORT SPONSORSHIPS AAA Foundation for Traffic Safety-Washington,D. C.: 1988(1-92) — Drexler, Madeline HERE'S LOOKING AT YOU,- KIDS:--HOV`7HE LIQUOR INDUSTRY WOOS YOUNG DRINKERS The Boston Globe azi a October 23, 1994 Erlich,Paul Book Review Journal of Psychoactive Drugs-Vol.23,Jul-Sep 1991 (295-297) Resnick,Handk;Gardners,Stephen E.;Lorian,Raymond P. and Marcus, Carol E. (Eds.) YOUTH AND DRUGS: SOCIETY'S MIXED MESSAGES - Office for Substance Abuse Prevention Monograph-6. Rockville, Maryland: Office for Substance abuse Prevention,Division of Communication Programs, 1990).174+viii pp. Goldberg,Marin E.; PRODUCT INNOVATION AND TEENAGE ALCOHOL Gorn, Gerald J.; CONSUMPTION: THE CASE OF WINE COOLERS Journal Lavack,Anne M. Public Policy and Mukg1ing,.Vol. 13,No.2,Fall 1994 (218-227) Grube,Joel W. and TELEVISION BEER ADVERTISING AND DRINKING Wallack, Lawrence KNOWLEDGE, BELIEFS, AND INT'ENTIONS AMONG SCHOOLCHILDREN American Journal of Public Health -Vol. 84, No. 2,February.1994 (254-259) Hacker, George A. TESTIMONY BEFORE THE PUBLIC WORKS COMMITTEE OF THE CITY COUNCIL OF THE DISTRICT OF COLUMBIA Center for Science in the Public Interest: June 30, 1994(1-6) = Kusserow, Richard P. YOUTH AND ALCOHOL: - CONTROLLING=-ALCOH-OL ADVERTISING THAT APPEALS TO YOUTH Department of Health and Human Services Office of Inspector General Document No. OEI-09-91-00654 (1-22) Maxwell,Bruce and MARKETING DISEASE TO HISPANICS: THE SELLING OF Jacobson, Michael ALCOHOL,TOBACCO,AND JUNK FOODS Center for Science in the Public Interest-Washington,D. C.:1989 (1-97) McMahon,Edward T. CITIZENS ACTION HANDBOOK ON ALCOHOL AND TOBACCO and Taylor,Patricia A. BILLBOARD ADVERTISING Center for Science in the Public Interest Scenic America, Washington D. C.: 1990 (1-38) AGV:AATENTLATEVBILLBOA.BIBJuIy 12, 1995 1 Novello, Antonia C. YOUTH AND ALCOHOL: ADVERTISING THAT APPEALS TO YOUTH Release of the Inspector General's Report Press Conference Statement,November 4, 1991 (1-9) Orlandi, Mario A.; THE EFFECTS OF ALCOHOL AND TOBACCO ADVERTISING ON Lieberman, Lisa R.; ADOLESCENTS Perspectives on Adolescent Drug Use - The and Schinke, Steven P. Haworth Press, Inc: 1988 (77-97) Postman,Neil; MYTHS, MEN, AND BEER: AN ANALYSIS OF BEER Nystrom, Christine; COMMERCIALS ON BROADCAST TELEVISION, 1987 AAA Strate, Lance; and Foundation for Traffic Safety-Washington,D. C.: 1987 (1-51) Weingartner,.Charles - Resnick, Handk; YOUTH AND DRUGS:SOCIETY'S MIXED MESSAGES-Office for Gardners, Stephen E.; Substance Abuse Prevention Monograph-6.Rockville,Maryland:Office Lorian, Raymond P. for Substance abuse Prevention,Division of Communication Programs, and Marcus, Carol E. 1990).174+viii pp. (Eds.) Robinson, Robert G. ENVIRONMENTAL POLICIES:NATIONAL AND COMMUNITY- BASED STRATEGIES AND APPLICATIONS TARGETING MIXED MESSAGES -Prepared for the 1991 OSAP Summer Issues Forum: A Resp[onse to Society's Mixed Messages October 1991 (1-31) Scenic America ALCOHOL AND TOBACCO BILLBOARD CONTROL:A REVIEW OF THE ISSUES AND OPPORTUNITIES Scenic America Washington D. C.: June 28, 1993 Shiffrin, Steven H. ALCOHOL AND CIGARETTE ADVERTISING:A LEGAL PRIMER Adolescent Medicine: State of the Art Reviews-Vol.4,No.3,October 1993,Philadelphia: Hanley&Belfus(623-634) Strasburger, Victor C. ADOLESCENTS,DRUGS,AND THE MEDIA Adolescent Medicine: State of the Art Reviews - 1993,Philadelphia: Hanley&Belfus (391- 415) Sutton, Charyn D. TARGETING OF SPECIAL POPULATIONS Prepared for the 1991 OSAP Summer Issues Forum:A Response to Soci&s Mixed Messages October 1991(1-15) The Marin Institute PEDDLING BEER ON CAMPUS The Marin Institute for the Prevention of Alcohol and Other Drug Problems Spring 1990 Thorson, Esther ALCOHOL ADVERTISING AND ALCOHOL CONSUMPTION BY YOUTH AND ADULTS: WHY IT'S HARD TO BELIEVE THERE'S NO RELATIONSHIP Missouri School of Journalism Marin Institute Ref 1165 (1-9) AGV:AATEMPLATEVBILLBOA.BIBJuIy 12, 1995 2 Tobacco Research Material Related to the Proposed Contra Costa County Billboard Ordinance Alexander, H.M. , Callcott, R. , Dobson, A.J. , Hardes, G.R. , Lloyd, D.M. , O'Connell, D.L. , Leeder, S.R. - "Cigarette Smoking and Drug Use in Schoolchildren: IV-Factors Associated with Changes in Smoking Behaviour". International Journal of Epidemiology. Vol. 12 No.l 1983 Altman, David G. , Foster, Valodi, Rasenick-Douss, Lolly, Tye, Joe B. "Reducing the Illegal Sale of Cigarettes to Minors". JAMA. 1/6/89 Vol.261 Yo,1;$0-83 Bartecchi, Carl E. , MacKenzie, Thomas D. , Schrier, Robert W. "The Global Tobacco Epidemic", Scientific American. May 1995 Blum, Alan and Myers, - Matt. Tobacco Marketing and Promotion. Tobacco Use: An American Crisis Final Report of the Conference. 1993;63 Botvin, Gilbert J. , Catherine J.,, Botvin, Elizabeth M. , Dusenbury, Linda. "Smoking Behavior of Adolescents Exposed to Cigarette Advertising". Public Health Reports. March-April 1993 Vo1.108 No.2;217 Burns, D. and Pierce, J.P. Tobacco Use In California 1990-1991. Sacramento: California Department of Health Services. 1992;107,113A Butler, Judy. How to Counteract the Tobacco Industry's Advertising and Promotion. Stanford Health Promotion Resource Center. Carol, Julia. "Cigarette Ads and Youth". Tye, Joe B. "Lusting After Children: the Tobacco Industry's Investment in a Profitable Future" . Social Science Record. Vol.25 No.2 1988 Carroll, Vincent. "Is the Weekly Reader Pushing Cigarettes on Kids?" Priorities. Vol.6 No.4 1994;13-14 Cohen, Susan. "Joe Camel Wants You". Tobacco Teens and Advertisinq. 2/20/94;8-13 Colford, Steven W. and Teinowitz, Ira. "Teen Smoking and Ads Linked; All Tobacco Advertising Could Be At Risk" and "Joe Camel is No Tony Tiger to Kids". Advertising Acte, Vol.65, No.8, 2/21/94;1,36 Conrad, Mark A. "Board of Trustees of the State University of NY vs. Fox. " Cardozo Arts and Entertainment Law Journal. Vol.9 No. 1 1990 Davis, Ronald M. "Current Trends in Cigarette Advertising and Marketing". The New England Journal of Medicine. 3/19/87 Vol. 316 No. 12 r Davis, Ronald M. and Kendrick, Juliette S. "The Surgeon General's Warnings in Outdoor Cigarette Advertising; Are they Readable?" JAMA. 1/6/89 Vol. 261 No.1;90-94 DiFranza, Joseph R. and Mc Afee, Tim. "The .Tobacco Institute: Helping Youth Say `Yes' to Tobacco". The Journal of Familv Practice. Vol.34 No.6 1992 DiFranza, Joseph R. , Norwood, Billy D. , Garner, Donald W. , Tye, Joe B. "Legislative Efforts to Protect Children from Tobacco". JAMA. 6/26/87 Vol.257 No.24 DiFianza, Joseph R. , Richards-,-�J.ohn W.-, Paulman, Paul M. , Wokf- Gillespie, Nancy, Fletcher, Christopher, Jaffe, Robert D. , Murray, David. "RJR Nabisco's Cartoon Camel Promotes Camel Cigarettes to Children". JAMA 12/11/91 Vol.266 No.22;3149-3153 Feighery, Ellen, Altman, David G. , Shaffer, Gregory. "The Effects of Combining Education and Enforcement to Reduce Tobacco Sales to Minors". JAMA. 12/11/91 Vol.266 No.22;3168-3171 Fiore, Michael C. , Novotny, Thomas E. , Pierce, John P. , Hatziandreu, Evridiki J. , Patel, Kantilal M. , Davis, Ronald M. "Trends in Cigarette Smoking in the United States; the Changing Influence of Gender and Race". JAMA .1/6/89 Vol.261 No.1;49-55 Fischer, Paul M. , Richards Jr. , John W. , Berman, Earl J. , Krugman, Dean M. "Recall and Eye Tracking Study of Adolescents Viewing Tobacco Advertisements". JAMA. 1/6/89 Vol.61 No.1;84-89 Fischer, Paul M. , Schwartz, Meyer P. , Richards Jr. , John W. , Goldstein, Adam O. , Rojas, Tina H. "Brand Logo Recognition by Children Aged 3 to 6 Years; Mickey Mouse and Old Joe the Camel". JAMA. 12/11/91 Vol.266 No.22;3145-3148 Fisher, Deborah A. and Magnus, Paul. "Out of the Mouths of Babes. . . " The opinions of 10 and 11 year old children regarding the advertising of cigarettes. Community Health Studies. Vol.5 No.1 1981;22-26 Galbally, Rhonda. Tobacco Advertising Banned. Vic Health Foundation;88-91 Goodman, Ellen. A Vote for Banning Tobacco Ads. Gostin, Larry O. and Barndt, Allan M. "Criteria for Evaluating a Ban on the Advertisement of Cigarettes; Balancing Public Health Benefits with Constitutional Burdens". JAMA. 2/17/93 Vol.269 No.7;904-909 Gostin, Larry O. , Brandt, Allan M. , Cleary, Paul D. "Tobacco Liability and Public Health Policy". JAMA. 12/19/91 Vol.266 No. 22 Hastings, G.B. , Aitken, P.P. , MacKintosh, A.M. From the Billboard to the Playground. Advertising Research Unit, Department of Marketing, University of Stathclyde, Glasgow. Aug. 1991. Hearn, Wayne. "Unhealthy Education". American Medical News. January 24/31, 1994 Jaffe, Robert D. "Fighting the Number-One Killer Drug". Adolescence. July 1993;21-23 Johnson, C. Anderson, Cruz, Tess Boley, Stoddard, Jacqueline, Gunning, Gaylene, Hennesy, Michael. Evaluation of the Tobacco Industry's Response to the California� bao_ co Education Program. December 19.94 Johnson and Sanford, Ch.7 independent Evaluation of Efforts to Prevent and Control Tobacco Use in California. SDSU 1992. La Greca, Annette M. and Fischer, Edwin B. adolescent Smoking. April 1992;241 Lane, Stuart M. "Special Report". American Council on Science and Health. 1993 Lynch, Barbara S. and Bonnie, Richard J. Growing Up Tobacco Free. Institute of Medicine. 1994;105-139. Martin, Michael. "Milwaukee Coalition Against Drug and Alcohol Abuse; Removing Alcohol and Tobacco Billboards in Our Community: Erase and Replace". Milwaukee Coalition Against Drug and Alcohol Abuse. 1991 McKenna, Jeffrey W. and Williams, Kymber N. "Crafting Tobacco Counter Advertisements". Vol.108 Supp. 1, 1993;85-86 Mintz, Morton. "Marketing Tobacco to Children". The Nation. 5/6/91 Nelson, David E. "Trends in Cigarette Smoking Among U.S. Adolescents, 1974-1991." American Journal. of_Public Health;34. Pierce, John. "Joe Camel Linked to Increased Youth Smoking" . Daily News Summary. Pierce, John P. , Fiore, Michael C. , Novotny, Thomas E. , Hatziandreu, Evridiki J. , Davis, Ronald M. "Trends in Cigarette Smoking in the United States; Educational Differences are Increasing". JAMA 1/6/89 Vol.261 No.1 Pierce, John P. , Gilpin, Elizabeth, Burns, David, Whalen, Elizabeth, Rosbrook, Bradley, Shopland, Donald, Johnson, Michael. "Does Tobacco Advertising Target Young People to Start Smoking?" JAMA 12/11/91 Vol.266 No.22 Pierce, John P. , Lee, Lora, Gilpin, Elizabeth A. Smoking r' initiation by adolescent girls 1944-1988: and Association with Targeted Advertising. 1994 Seevak, Alison. "Tapping the Hearts and Thinking of Everyday People; the Citywide Liquior Coalition's Fight .to Ban Tobacco and Alcohol Billboards in Baltimore". . Marin Institute for the Prevention of Alcohol and Other Drug Problems. Shiffrin, Steven H. "Alcohol and Cigarette Advertising A Legal Primer". Adolescent Medicine: State of the Art Reviews. Vol.4 No.3 October 1993 — _ Totten, Samuel. "Smoking as a Public Policy Issue and an. Economics. Dilemma". Social Science Record. Vol.25 No.2. Tuckson, Reed V. Race, sex, Economics and Tobacco Advertising. Weigum, Jeanne. Tobacco Advertising. Association for Nonsmokers- Minnesota. Sept. 1993 Weir, Janie. "Tobacco Advertising: the New Zealand Experience". Tobacco Control. 1995;90-91 "Advertising Bans Proven to Reduce Tobacco Consumption". The Insider's Newsletter on Smoking Cessation. May 1990 "Alcohol and Tobacco Billboard Control". Scenic America. June 1993 "Changes in the Cigarette Brand Preferences of Adolescent Smokers - United States, 1989-1993"4 MMWR 8/19/94 Vol.43 No.32;577-581 "Cigarette Advertising - United States, 1988". MMWR. Vol.39 No.16 4/27/90 "Cigarette Manufacturers & Their Right to Advertise" Issues in Tobacco. ;16-25 "Comparison of the Cigarette Brand Preferences of Adult and - -T Teenaged Smokers - United States, 1989, and 10 US Communities, 19$8 .. and 1990". JAMA. 4/8/92 Vol.267 No.14;1893-1896 -- - "Dear Abby" Tobacco Ads Target Young Smokers. SF Chronical 4/2/92 "Does Tobacco Advertising Target Young People to Start Smoking?" Tobacco Use in California: A Focus on Preventing Uptake in Adolescents. 1992 Chapter 10;109-120. "Draft Advertising and Billboard Bans". Citizen's Action Handbook on Alcohol and Tobacco. August 1993 . "Fact Sheet: Advertising". American Association for World Health. "I 'd Toddle a Mile for a Camel" . Business Week. December 1991 "Hooked on Tobacco: the Teen Epidemic" . Consumer Reports. R0143 March 1995 "Madvertising" Beating the Tobacco Industry at its Own Game. Ventura County Tobacco Education and Prevention Coalition. ;12- 14,17-20 "Minors' Access to Tobacco-Missouri, 1992, and Texas, 1993. MMWR. Vol.42 No.7 2/26/93;125-128 "Should Cigarette Advertising Be Completely Banned?" AdWeek. 5/2/94;17 "The Smooth Character. . .Just Who is He Selling to?" California Public Health Association-North. 1992. "Tobacco Advertising and Promotional Activities". Preventing Tobacco Use Among Young People: A Report of the Surgeon General. CDC Chapter 5. "Tobacco Industry Continues to Target Youth and \Young Women". Media Update. April 1994 "Tobacco Marketing: Profiteering from Children". JAMA. Vol.26 No.22 12/11/91 Vol.266,22 "Why the Baltimore City Council Should Enact Bill No. 293 Prohibiting Billboard Advertising of Alcohol and Tobacco Products". Citizen's Planning and Housing Association. 3/8/93 Access to Youth Legislation in PA: Reducing Youth Access to Tobacco. Bill introduced by Senators Stewart Greenleaf and Allyson Schwartz Advertising Restrictions. Americans for Nonsmoker's Rights. 1992 Anheuser-Busch Inc. and Penn Advertising Inc. of Baltimore vs. the Mayor and City Council of the City of Baltimore. Briefing. Report: Youth and Tobacco Advertising. CCCTPP CCC Billboard Ordinance. Memo for Paul Abamonte. Cigarette Billboard History. ASH. 1989 Cincinnati Ordinance No. 193. City of Baltimore Council Bill No. 627 - First Reader Mangini, Janet C. vs. RJ Reynolds. Ct. App. Dist. l, Div. 5 No.A059253 . In the Supreme Court of the State of California. Medical Result and Abstract. 7/6/92;2,5 No Sale: Youth, Tobacco and Responsible Retailing. December 1994;6-8 Robert Wood Johnson Foundation Youth Access Survey. Mathematica Policy Research. 1994;5,24-25 Staff Report on the Cigarette Advertising Investigation. May 1981 Tobacco Advertising and Promotion, a Guide to Developing Policy. Nov. 1994;122-18,20,28,App.B 228 City of Cincinnati, King County, Preston UCSD Study Supports Anti-Smoking-Ad Stratecty. 2/4/93 United States ET AL. vs. Edge Broadcasting Co. , T/A Power 94 "Batteries Not Included: Cigarettes are". Tobacco and Youth Reporter. Vol.2 No.2 1988;6 "Setting. the Stage for Addiction", "Recent Papers Document Advertising-Smoking Link", "Fortune Says Reynolds Targets Kids". Tobacco and Youth Reporter. Vol.3 No.l 1988;4-5 McMahon, Ed. "Outdoor Ads: Teaching Kids to Smoke" and "How to Counter Arguments Made In Defense of Cigarette Advertising" . Tobacco and Youth Reporter. Vol.4 No.1 1989;3,15 "Marlboro Races for Children", "Ad Ban Bill Gains Ally", "Reynolds Targets Teens with Rock Music Association", "Where the Ads are", "Public Support Grows for Ban on Cigarette Ads". Tobacco Free Youth Reporter. Vol.4 No.2 1989;8,9,12,16 "Camel Joe Campaign Has Increased Teen Smoking Rates", "Cigarette Advertising Increases Smoking", "RJR Nabisco: Targeting Teens for Addiction", "Key Findings of JAMA `Record' Articles Concerning Camel Joe Campaign", "RJR's Canadian Market Studies Reveal Goals: Attract Children and Convince Quitters to Resume", "NYC Passes Tough Law on Tobacco Billboards", "Phoenix Suns Ban Tobacco Advertising in Arena", "New York City Transit Authority Bans Tobacco Advertising". Tobacco. Free Youth Reporter. Vol.4 No.4 1992 ;1-2,4-6,20-21 "Tobacco Ad Ban and Higher Prices in France" . Tobacco Free Youth Reporter. Vol.5 No. l 1993;14 "British Research Proves Effectiveness of Ad Ban. " Tobacco Free Youth Reporter. 1993;15 "NY Times/CBS News Poll: Cigs Are Addictive, Teens Are Encouraged to Smoke", "Marlboro Heats Up for Summer", "The Nice Camel is Our Friend", "Targeted Tobacco Ads Flourish in South Africa; Researchers Recommend Total Ad Ban". Tobacco Free Youth Reporter. Vol. 6 No.2 1994;1, 11, 13 "Cigarette Advertisements Encourages Youth Addiction", "Texaco Boots Cancer Joe", "CDC Findings: Tobacco Addictive, Advertising Influences Young People". Tobacco Free Youth Reporter. Spring 1995;11-12 "Advertising Linked to Increased Youth Smoking". Tobacco Free Youth Reporter. ;14 ATTACHMENT #4 BRIEFING PACKET: TOBACCO AND ALCOHOL BILLBOARD ORDINANCE Contents Include: ♦ Additional Key FIndings - Tobacco Alcohol ♦ Background Information: Legal Issues Regarding Billboards ♦ Who Recommends Advertising Restrictions ♦ Sources to Contact Prepared April 7, 1995 by the Contra Costa County Tobacco Prevention Project & The Contra Costa County Community Substance Abuse Prevention Division 1 BILLBOARD ORDINANCE: ADDITIONAL FINDINGS - TOBACCO There have been dozens-perhaps hundreds- of studies analyzing the impact of advertising on youth. Highlights are described below. In addition, we know that even though the purchase of tobacco is illegal under state Penal Code 308, youth are buying tobacco. A. Illegal Sales of Tobacco ♦ It is illegal under California Penal Code 308 to tell tobacco to youth under 18 or for youth to purchase tobacco. ♦ The California STAKE Act (Stop Tobacco Access to Kids), implementing the Federal Synar Amendment, is effective July 1, 1995. It is aimed at reducing the level of youth access to tobacco in order to avoid drastic reductions in federal funding for alcohol and drug programs. ♦ A 1994 article in the American Journal of Public Health says teenagers spent $962 million on 516 million packs of cigarettes in 1991. More than 255 million of those packs were sold illegally to minors, netting the tobacco industry $95 million in profit. A 1990 article in the Journal of the American Medical Association estimated that 3 million young people consumed more than 947 million packs of cigarettes and 26 million containers of smokeless tobacco yearly. That represented $1.26 billion annually in'illegal sales of tobacco products to minors. ♦ According to new data from the University of California, San Diego, 8.7% of youth in Contra Costa County smoked in the month prior to when the survey was conducted. But the study shows that nearly 40% are susceptible to smoking; (have not made a conscious decision not to smoke) ♦ Research shows the tobacco industry's "It's the Law," campaign does not work. Many merchants do not participate and the majority of those who do are selling to minors. (American Journal of Public Health, September 1992) ♦ Buying surveys conducted in Contra Costa County over the past several years show youth are successful 70% of the time they try to buy tobacco in stores. B. The Role of Advertising in Teen Use of Tobacco "An increasing body of evidence points to the seminal role that tobacco advertising plays in the initiation of smoking...Tobacco advertising plays a major role in encouraging teens to start smoking" - UC San Diego Study, March 1994 (More) 2 ♦ The UC San Diego Study (March 1994) reports that tobacco advertising has reached "almost saturation levels" in its penetration of the adolescent market in California. It also reports that there is no significant difference in the level of exposure to tobacco advertising in Contra Costa, compared to the rest of the state, indicating the county has reached the same saturation level. Four out of.five teen agers in the Contra Costa County region report recent exposure to cigarette advertising. ♦ The Journal of the American Medical Association (February 23, 1994) ties sharp increases in smoking by teenage girls in the late 1960s and early 1970s to soaring sales of widely advertised cigarettes for women and concludes that tobacco advertising campaigns do have an effect on youth smoking rates. Between 1967 and 1973, there was an increase of 110% - 35% in the smoking initiation rate among girls from 12-17 years old. During that same period, the rate for young males did not increase. ♦ A Gallup poll reported in Advertising Age(February 21, 1994) shows 68% of Americans believe cigarette ads influence children and teens to smoke. ♦ "It is now beyond doubt that—children are very familiar with cigarette advertisements and that they take positive messages about smoking from them. ..Underage smokers are paying more attention to cigarette advertising...cigarette advertising is encouraging children who smoke to continue the habit." University of Strathclyce, Glasgow(Hastings, Aitken, MacKintosh August 1991) ♦ Of the thousands of people who start smoking daily, 90% are under age 21; Sixty percent are not even 16. "...Teen agers buy the most heavily promoted cigarettes and 80% of all children consider advertising influential in encouraging them to begin smoking." - (Cigarette Ads and Youth, Julie Carol, Social Science Record, Fall 1988) ♦ Since RJ Reynolds began the Joe Camel campaign, Camel's share of the illegal children's market increased from .5% to 32.8%, representing $476 million in illegal sales annually. (JAMA 199 1) ♦ The US Surgeon General reported that cigarette advertising appears to increase young people's risk of smoking by conveying that smoking has social benefits and that it is far more common than it really is. (March 1994) ♦ A study (Laugesen) of advertising bans in 22 countries over 26 years shows that the more tobacco is banned, the more consumption falls. The study shows that in countries which banned all media advertising, faster falls in the percentage of.young smokers than countries with fewer restrictions. 3 ------------ ADDITIONAL FINDINGS - ALCOHOL Numerous studies have been conducted analyzing the impact of alcohol on youth and their motivation for purchasing alcohol, despite the laws in place,to protect them. Here are some of those findings: Youth, Alcohol and the Law ♦ Possession or furnishing alcohol to minors under 21 is a violation of the California Business and Professional Code (Section 25662). The sale of alcohol to a minor or consumption of alcohol by a minor is a violation of Section 25658 of the code. Attempt by a minor to purchase alcohol is a violation of Section 25658.5. ♦ According to Inspector General of the United States,junior high and high school students consume 1.1 billion cans of beer a year, which translates into more than $200 million in revenues for the beer industry alone. 35% of wine coolers are consumed by underage drinkers. Half a million junior and senior high school students drink heavily, consuming five or more drinks on one occasion once a week. (US Department of Health and Human Services 1991) ♦ Sales to minors of alcohol beverages constitutes 609c. of California ABC Code enforcement activity (Beverage Bulletin 1983) ♦ Approximately thirty five percent of high school students in a middle-class California community report routinely purchasing alcoholic beverages at retail outlets (Wittman, Shane and Grube, 1987) ♦ 65% of US high school students begin drinking when they, are in ninth grade or earlier (NIDA 1991) ♦ Nearly 1600 juveniles were arrested in Contra Costa:County on alcohol charges during 1989-1993. From 1990-92, the County's juvenile arrest rate remained slightly higher than the state rate. (1994 Substance Abuse Indicator Data - Contra Costa County Health Services Department) ♦ One third of all juvenile males arrested in the county said they had used alcohol in the previous 72 hours (U.S. Surgeon General's Report, 1992) ♦ Between 1989 and 1993, the County experienced a much more significant increase in teen homicide arrests than the rest of the state, increasing from 6 to 34. (1994 Substance Abuse Indicator Data) (More) 4 ♦ Nearly 40% of youths in adult correctional facilities reported drinking before committing crime (U.S. Surgeon General's Report, 1992) The Role of Advertising "Alcohol advertising has a powerful impact on our society and particularly on our children," - James Mosher, 1994, Executive Director, Marin Institute for the Prevention of Alcohol and other Drug Problems. ♦ Research shows that awareness of alcohol advertising influences children's drinking beliefs, knowledge and intentions. Those most familiar with advertisements are more likely to express an intention to drink. (American Journal of Public Health, February 1994) ♦ The U.S. Surgeon General (119 1) concluded that the voluntary advertising codes of the alcohol industry are vague, too narrow and unenforceable. Alcohol advertising, "misleads, misinforms and unabashedly targets American youth," (Antonia Novello, November 4, 1991) ♦ The Supreme Court(Packer v. Utah 1932)concluded that young people have the message of the billboard thrust upon them, unlike other forms of advertising, placing billboard advertising in a position to be classified so that regulations may be imposed upon them. ♦ According to a recent alcohol industry-sponsored poll, 73% of respondents believe that alcohol advertising is a major contributor to underage drinking. (Wall Street Journal 8/91) ♦ Beer advertisements appeal to younger teenagers. Youth aged 10 to 16 view beer commercials as promoting masculinity, sociability and working class values. (Aiken, Leathar, Scott) Other Issues ♦ According to the Surgeon General (1992), a striking association exists between alcohol use and using firearms to commit suicide by 10-19 year olds. ♦ Studies across the United States show that there are more alcohol and tobacco billboard advertisements per capita in communities of color than in white neighborhoods. In Baltimore, 76% of the billboards in African American communities advertised alcohol and tobacco compared to only 20% in white neighborhoods. In St. Louis, 62% of the billboards in African American communities advertised alcohol and tobacco compared with 36% in white neighborhoods. In San Francisco, there was more beer advertising in African American and Latino neighborhoods than in white and Asian Pacific districts (California Rural Legal Assistance, 1992) 5 BACKGROUND INFORMATION: LEGAL ISSUES REGARDING BILLBOARDS The two major issues related to banning billboard advertising for alcohol and tobacco is whether the First Amendment to the U.S. Constitution limits the authority of the Government to ban or limit advertising. The second, related only to tobacco, is whether the Federal Cigarette Labeling and Advertising Act limits the authority of state and local governments to regulate tobacco advertising. A. Does the First Amendment apply to tobacco and alcohol advertising and promotion? When evaluating whether tobacco advertising is protected under the First Amendment, the doctrine of commercial speech applies. Advertising has enjoyed limited protection under the commercial speech doctrine since 1975, depending on the informational content of such speech. In 1980 (Central Hudson Gas and Electric Corp v Public Service Commission of New York Central Hudson), the court established a four-part test for assessing the validity of commercial speech restrictions: (Other court cases: US vs Edge Broadcasting Co (1993); Edenfield vs Fane (1993); City of Cincinnati vs Discovery Network (1993)) 1. To be protected at all, the advertising must concern a legal activity and not be fraudulent or deceptive. (relevant court cases: Ibanez vs Florida Department of Business & Professional Regulation (1994); FTC vs Brown and Williamson Tobacco (1985)). Therefore, tobacco advertisements that include false statements or promote illegal activity such as smoking by minors, may be freely regulated without constitutional problems (Bystom vs Fridley High School 1987) 2. The Government interest in regulating or banning the advertising must be substantial. (Ibanez; Central Hudson; Edenfield). Since state and cities are preempted by the federal Cigarette Labelling Act from legislating to protect health, they must identify a different interest, such as enforcing laws that prohibit the sale of tobacco to minors. 3. The regulation must advance the government's interest. According to an American Medical Association-sponsored analysis conducted by the law firm of Sidley and Austin in Chicago, ("Legal analysis of approaches to state and local regulation of tobacco advertising and sales in the US" (Tobacco Control 1994 3: 257-262 Bierig, Weber and Scarborough), the tobacco industry would be "hard pressed to challenge a ban on placement near schools of billboards for products that may riot legally be sold to minors. The government has a substantial interest in enforcing laws that prohibit drinking and smoking by minors. Restricting billboard advertising near schools, where large number of students are likely to see them several times a day directly advances the government's interest and is related to the government's objective of deterring minors from drinking and smoking. To date, the courts have not been asked to decide whether a ban on tobacco billboard advertising is proportionate to the government's interest in stopping the illegal sale of tobacco products to minors. (More) 6 4. The regulation must not be more restrictive than necessary to accomplish its goal. In clarifying this four-part test, the Court in 1986 (Posadas de Puerto Rico v. Tourism Company of Puerto Rico) upheld a prohibition on advertising for Puerto Rico's legal gambling casinos, saying that while Puerto Rico could ban gambling, it.could also take a lesser step of banning its advertising. In the Posadas decision, the Court made it clear (according to a report prepared by Americans for NonSmokers Rights under contract with the US Department of Health and Human Services) that a tobacco advertising ban would be upheld. In another case (Board of Trustees of the State University of New York v Fox, 1989), the Supreme Court upheld a state university's right to restrict commercial activity on campus, specifically Tupperware parties, clarifying the fourth criteria related to the regulation not being any more restrictive than necessary to accomplish its goals. In that case, the court established a standard, declaring that there must be a "reasonable fit," between the ends and the means. B. Can State and Local Governments Ban Advertising? The power to regulate advertising in magazines and other publications affected by interstate commerce is vested with Congress only. In addition, the Federal Cigarette Labeling and Advertising Act (1965) contains a preemption clause that reads: "No requirement or prohibition based on smoking and health shall be imposed.under State law with respect to advertising or promotion of any cigarettes the packages of which are labelled in conformity with the provisions of this chapter." The AMA analysis concludes that "state and local governments have great latitude to restrict the sale of tobacco products. State and local governments also have significant authority to regulate the advertising and promotion of cigars and looses tobacco. These governments may also regulate the advertising and promotion of cigarettes in certain ways - although any regulation must be carefully crafted to avoid conflict with federal law. (Emphasis added) The analysis says this about regulating tobacco advertising: Any discussion of state or local regulation of cigarette advertising must begin with the (Federal) Cigarette Act, which established a comprehensive Federal program to deal with cigarette labeling and advertising with respect to any relationship between smoking and health (15 USC section 1331). It bars state and local governments from establishing their own standards based on smoking and health for the advertising and promotion of cigarettes. Thus, federal law "prohibits states or their subdivisions from regulating cigarette advertising and promotion `based on smoking and health." But the analysis goes on to say that the preemption provision is not "all encompassing." "It does not reach state and local laws that regulate cigarette advertising or promotion on a basis other than the relationship between smoking and health. (Cipollone vs Liggette Group, Inc. 1992). The Metrodome in Minnepolis banned billboards in order to protect its young fans. That ban has (More) 7 J not been challenged. But in Vango Media Inc vs City of New York: (1993, appeal pending), New York City adopted a local law governing the placement of ads in taxicabs. The law required the display of a minimum of one public health message pertaining to the health dangers of smoking for every four tobacco advertisements. The federal court relied on the federal preemption to strike down the ordinance. In their ruling, the District court rejected an argument that the lawmakers were concerned with the economic consequences of smoking (rather than the health issues) The AMA analysis sites a California Supreme Court decision (WL 314406) upholding the Court of Appeals in Magini vs RJ Reynolds Tobacco Company: "As early as 1891, the legislature cared deeply enough about smoking and minors that it prohibited the sale of cigarettes to them...For over a century, with a watchful eye, in its role as parent patriae, it has maintained a paternalistic vigilance over this vulnerable segment of our society. It is now asserted that the plaintiffs effort to tread upon Tobacco Road is blocked by the nicotine wall of congressional preemption. The federal statute does not support such a view. Congress left the states free to exercise their police power to protect minors from advertising that encourages them to violate the law. Plaintiff may process under that aegis." Americans for NonSmokers' Rights, in a paper prepared for the US Department of Health and Human Services says: 1. Under their traditional "police powers," states, cities and counties have the authority to protect the safety and well-being of children. According to ANR, "It is also illegal to sell, and by extension to promote tobacco products to children. It has been suggested that tobacco advertisements could be banned within a set distance of schools, community centers, churches and other facilities that cater to children...In the case of such law, it would be difficult for the tobacco industry to argue that Congress intended to limit State and local power over tobacco advertising and promotion to children. 2. In drafting legislation, the findings and purpose sections should focus on protecting children from illegal sales and avoid general discussions of advertising and health risks, an area preempted by Federal law. STRATEGIES FOR RESTRICTING TOBACCO ADVERTISING 1. According to the article (cited above) prepared for the American Medical Association: ♦ "A state or local law that restricts cigarette advertising is most likely to survive a preemption challenge if the restriction is part of a general exercise of the police power and is not limited to tobacco products (a law prohibiting billboards near schools or other ares frequented by youth should ban all products that may not be legally sold to children). ♦ A law that applies to all products that may not be sold to minors - and does not even mention cigarettes - strengthens the argument that the law is not based on smoking and health, but rather on the "state's" interest in enforcing laws that ban underage drinking and smoking. (More) 8 The article also proposes another strategy is to encourage state attorneys general to sue cigarette companies under existing statutory and common law prohibiting deceptive business practices and avoid litigation related to a local billboard ordinance. SITUATIONS WHERE BANS HAVE BEEN SUCCESSFUL Non Billboard Bans 1. Numerous bans on advertising on public transit systems, including one approved in Contra Costa several years ago. (also Alameda county, BART, Santa Clara County and others in different states) 2. City and county bans on free cigarette samples. (Dozens including Contra Costa County and Alameda County) 3. A ban on tobacco billboards in sports facilities. (Baltimore, Boston, Houston, Los Angeles, Oakland, Seattle and others) Billboard Bans: 1. Utah banned tobacco billboards in 1929, along with public transportation displays, point- of-purchase advertising and merchandise racks. A 1932 US Supreme Court case (Packer Corp v Utah) researched by the Senate Counsel in Minnesota (November 1988) said a state prohibition on the public display of tobacco advertisements other than in newspapers and magazines was a valid exercise of the state power and did not violate the US Constitution. In that Minnesota report, Senate Counsel Michael Scandrett said a billboard ban, which was even narrower than Utah's restrictions, would be constitutional under the Packer ruling. 2. In February 1994, the City of Baltimore, in two separate ordinances, adopted a ban on tobacco and alcohol billboards. That ban is being challenged, but has been upheld at two levels. 3. In June, 1994, Cincinnati, Ohio banned all tobacco billboards effective in June 1996. Signs within 500 feet of schools or other facilities frequented by children were banned when the ordinance passed. The law also extends to advertising on public transportation. 4. Preston, Minnesota has an ordinance which is being challenged. A WORD ABOUT BALTIMORE The ordinance banning billboards advertising alcohol and tobacco is actually two separate zoning ordinances, making it possible to describe in different ways what the purpose of the restrictions is. In the ordinance addressing tobacco: (More) 9 ♦ The findings describe illegal sales and the link between advertising and consumption, listing in the findings a whole page of studies, with nearly another page about Maryland's teen consumption. ♦ Baltimore's city attorney handled their case, keeping the costs down. Another way they contained their costs was by filing a motion for a summary judgement immediately and winning, thus avoiding litigation. An outside attorney(Julie Squire) who filed an amicus brief said she thinks the key to keeping costs down is to use county counsel and to obtain the briefs filed by other jurisdictions (she'll be happy to give them to us). ♦ Kevin Jordan, of Citizens Planning and Housing Association, says the judge put more emphasis on whether the city had used a credible process to determine the need for the ordinance than on which study had the most credibility. ♦ Comments made by the mayor, as well as testimony provided during the ordinance passage, were used by the tobacco industry to prove the city was actually using health as a motivation for the ordinance passage (the mayor made a statement about protecting the health of young people the day he signed the ordinance) ♦ Jordan said the judge seemed to like references to Governor's commission and Surgeon General recommendations about advertising restrictions. 10 WHO RECOMMENDS TOBACCO AND ALCOHOL ADVERTISING RESTRICTIONS (partial list) ♦ The American Public Health Association calls for legislation to restrict alcohol and tobacco advertising that targets young people. (Policy Paper #9213 (PP)) ♦ A February 1994 Gallup poll, conducted with Advertising Age, shows half of the smokers polled believe the US government should restrict cigarette advertising. ♦ UC San Diego researchers John Pierce, author of widely respected studies of tobacco use in California, says, "...it is time to extend the cigarette advertising ban to all media...Tobacco advertising plays an important role in encouraging young people to begin this lifelong addiction..." ♦ Republican Congressman Michael DeWine, member of the National Commission on Drug Free schools, reporting on the group's analysis of tobacco and advertising said of his group, "Some members wanted to go all the way and say that advertising ought to be banned." ♦ "A ban will significantly reduce the pressure on children to smoke...it is clear that without cigarette advertising fewer children would become and remain smokers..." University of Strathclyce, Glasgow (Hastings, Aitken, MacKintosh August 1991) ♦ The United States Public Health Service, in its national health objectives calls for the elimination or severe restriction of tobacco product advertising and promotion to which youths are likely to be exposed. ♦ Most of the American public strongly favor policies that might prevent tobacco use among young people. These policies include...restrictions on tobacco advertising," (US Surgeon General's report, 1994) ♦ The American Academy of Pediatricians (in an as-yet unpublished report) recommends a total ban on alcohol advertising. ♦ Three consecutive U.S. Surgeons Generals (Novello, Kopp and Elders) supported restrictions on alcohol and tobacco advertising. ♦ The Beer and Wine industry both have codes that say they won't target youth - including by designing and placing ads appealing to children. ♦ The National Commission on Drug-Free Schools recommended a ban on advertising and promotions of alcohol and tobacco if, by 1992 ads and promotions don't cease to target underage youth and glamorize alcohol and tobacco use. (More) 11 Other organizations which are supporting restrictions on tobacco and/or alcohol advertising to youth include: ♦ Advocacy Institute ♦ American Academy of Family Physicians ♦ American College of Preventive Medicine ♦ American Council on Alcohol Problems ♦ American Medical Student Association ♦ American Nurses Association ♦ Center for Science in the Public Interest ♦ Consumer Federation of America ♦ Docs Ought to Care ♦ General Board of Church and Society United Methodist Church ♦ Marin Institute for the Prevention of Alcohol and Other Drug Programs ♦ March of Dimes ♦ Mothers Against Drunk Driving ♦ National Association of African Americans for Positive Imagery ♦ National Congress of American Indians ♦ National Council on Alcoholism and Drug Dependence ♦ National Federation of Parents for Drug-Free Youth : ♦ National PTA Prepared April 1995 by the Contra Costa County Health Services Department with the Center on Alcohol Advertising, Trauma Foundation. 12 SOURCES TO CONTACT ABOUT ADVERTISING RESTRICTIONS: (Partial list) Kevin Jordan - Community Organizer, Citizens Planning and Housing Association Baltimore - 410-539-1369 Julie Squire - Baltimore's attorney - 410-727-7702 Susan Weber - Chicago Attorney, author of legal analysis - 312-853-7820 Jeanne Weigen - Minnesota initiative - 612-646-3005 Robin Hobart - Americans for Nonsmokers Rights - 841-3032 Makani Themba or Jim Mosher - Marin Institute- 415-456-5692 Laurie Leiber - Center for Alcohol Advertising - 649-8942 Coalition Against Billboard Advertising of Alcohol and Tobacco - 313-965-8852 Scenic America - 202-546-1100 George Hacker or Laurie Stewart - Center for Science and the Public Interest - 202-332-9110 13 A3 ATTACHMENT #5 TESTIMONY ON BEHALF OF ANHEUSER-BUSCH IN OPPOSITION TO PROPOSED CONTRA COSTA ORDINANCE PROHIBITING ADVERTISING OF ALCOHOL BEVERAGES ON BILLBOARDS INTERNAL OPERATIONS COMMITTEE CONTRA COSTA COUNTY BOARD OF SUPERVISORS July 17, 1995 P. Cameron DeVore Davis Wright Tremaine Seattle, Washington Good morning. I am Cameron DeVore, First Amendment counsel to Anheuser-Busch, and we are pleased to continue our testimony to the Internal Operations Committee about the proposed ordinance to ban alcohol beverage advertising on billboards within 2,000 feet of certain schools in the county. This supplements the testimony we gave at your hearing on May 1, and to the Board of Supervisors on March 28. I would first like to re-introduce Francine Katz, Anheuser- Busch' s Vice President/Department of Consumer Awareness and Education, who will also. give additional testimony. And also, I would like to introduce Dr. Debra Ringold, Associate Professor of Marketing at the Atkinson Graduate School of Management of Willamette University, who will summarize the considerable body of peer-reviewed scientific literature which concludes that there is no reason to believe that such a prohibition on advertising would have any impact on aggregate consumption of alcohol beverages, nor on any illegal underage consumption or abuse of alcohol beverages. Dr. Ringold will also be filing her full written report on this science with the Committee for the record. I will also file a copy of my remarks for the record. As we have previously discussed, the Committee is on the right legal track. You recognize that your task is to develop a comprehensive factual record to enable you to determine whether you can prove the two things that the First Amendment requires before government is permitted to attempt to achieve legislative goals through a ban on speech, namely: FIRST, you must determine that there is, in fact, real evidence that the proposed ban on alcohol beverage advertising on billboards would directly and materially advance your goal of reducing illegal underage consumption and abuse of alcohol. beverages. Again, the Supreme Court has told us repeatedly, and reiterated with great clarity this year on April 19 in Rubin v. DEVOP\09647.TST/7.15.95 Seattle Coors Brewing Co. , 155 S. Ct. 1505, that this evidence must be real, it must not be surmise or conjecture, and clearly must not be just what someone wants to believe. There is, as Dr. Ringold will reiterate, real science out there for you to study, and you must weigh it and clearly find direct and material advancement in order to support such an ordinance. A pile of: twenty -- or fifty -- different assertions or surmises that advertising causes or may cause abuse simply will not do the job for you, particularly in the face of scientific evidence to the contrary. SECOND, the First Amendment requires that: your ordinance not be more extensive than necessary, particularly given the other available alternatives that do .not impact speech. In Rubin, the Supreme Court held that the existence of such other alternatives virtually automatically disqualified the federal ban on putting the alcohol content of beer on beer labels. I:t is your factual burden to prove that such other obvious alternatives of law enforcement and enhanced education are not just as effective as a speech ban. On May 1, you specifically and properly directed the .Health Services Department to review and evaluate these less intrusive alternatives. There is absolutely no evidence in the record that they have done so. That alone would disqualify the ordinance. We appreciate it that Mr. Van Marter forwarded to us for receipt three days ago copies of the proposed new ordin&nce, and of the materials which the Health Services Department collected and on which you would have to rely to support such an ordinance. This documentation reached us too late to give fair notice of its contents or the arguments it allegedly supports, and to permit an adequate response. However, two obvious things can be said about that material from the legal perspective: 1. To the extent there are purported legal arguments in these documents -- and some are entirely legal arguments -- those arguments are all outdated and simply wrong in light of what the Supreme Court specifically and unanimously reiterated in Rubin v. Coors Brewing Co. this year, which was essentially the same as its conclusions last year in Ibanez, and the year before in Edenfield and Discovery Network. In short, these are interesting historical documents, but provide you with no legal support for the ordinance. They are based essentially on the court's 1986 decision in Posadas that was specifically dropped to the cutting room floor by Rubin. 2. Second, the most interesting thing about a quick review of these documents is that at least two of the studies, by Orlandi and Thorsen, specifically concede that there is no science demonstrating any causal connection between advertising and underage alcohol beverage consumption, and certainly none demonstrating a casual connection with underage abuse. The DEVOP\09647.TST/7.15.95 Seattle 2 Thorsen article is most telling because it obviously expresses the frustration of the author at the lack of such scientific evidence, and her determination to find some way, by hook or by crook, to support what she wishes the conclusion to be. In short, from a legal perspective these documents do not come remotely close to meeting your constitutional burden under the First. Amendment. Remember, as. we have discussed before, your burden is not met by stacking up a number of so-called studies. The legal syllogism that you must comply with here requires more than a file of almost entirely anecdotal and political documents, whose authors are upset about illegal underage alcohol beverage abuse, and are obviously willing to propose almost any measure to attack it -- regardless of the First Amendment. Let me turn specifically to the draft alcohol beverage ordinance that Vic Westman and Diane Silver have prepared for you. From the constitutional perspective, they have provided absolutely nothing in the findings that references the large body of peer-reviewed science on these precise issues, and thus nothing other than anecdotal and conclusory assertions. They specifically referenced only one study, a 1992 Novello report which apparently does not discuss advertising at all. For case support, proposed Findings 3 and 4 once again cite the two Baltimore billboard cases from the Federal District Court in Maryland, Anheuser-Busch, Inc. v. City of Baltimore and Penn Advertising v. City of Baltimore. As I have previously advised your lawyers and this Committee, neither of those decisions, which were reached prior to the Supreme Courts comprehensive restatement of the Commercial Speech doctrine in Rubin, is. valid today. For example, in the Anheuser-Busch case, the Central Hudson requirement to prove direct and material advancement of reducing illegal underage consumption through a speech ban, was not complied with, and the trial court permitted "substantial deference to legislative judgments. ,, That simply won't work in light of Rubin. The Baltimore court based its conclusion entirely on presumptions and surmise, repeatedly cited Posadas, and also squarely rejected the point mandated by Rubin that obvious less burdensome alternatives must come first. The Penn Advertising decision has the same infirmities, and directly holds that proof of decreased illegal consumption by minors is not required. Rubin holds that is a wrong interpretation of what the First Amendment requires. As we discussed in May, the appeal in both of these cases was argued in March before the Fourth Circuit in Richmond, . Virginia. Both Rubin and the new Florida Bar decision of June 21 have since been filed as supplemental authorities with that court. Pending the reaction of the Fourth Circuit, it is DEVOP\09647.TST/7.15.95 Seattle 3 absolutely incorrect to cite either of those eases as a respectable or viable First Amendment authority in light of Rubin and Florida Bar. The Baltimore cases are the only authorities contained in the draft ordinance, except for the ritual citation of Central Hudson, Posadas, and the lower court decision in Dunigan for the irrelevant concept that the courts have recognized a positive relationship between advertising and consumption. That, too, is a bit of arcane legal history, in light of the holding in Rubin that government must step up and meet its burden of proving the causal linkage between advertising, consumption, and particularly in this case, advertising and illegal underage consumption and abuse. I should also note that Finding (6) repeats a wrong inter- pretation of a remark made at the March 28 Supervisors hearing, characterized in the draft ordinance as testimony that a ban on such billboards in Contra Costa County would reduce sales in stores here, thus allegedly (and I quote) ^contradicting the official position of the alcohol industry that advertising only affects brand name choices not overall consumption. " Please remember that Francine Katz's testimony at the May 1, Internal Operations Committing hearing, on p. 43 of the Zandonella transcript, corrected this misinterpretation, pointing out that advertising affects not only the brand choice, but the decision of where the beverages are purchased. In no way was there an concession at any time that reduced advertising would reduce overall alcohol beverage consumption. To the contrary. Thus, asserted Finding (6) is just flat wrong, and thus provides no support for the ordinance. Let me say a word about Florida Bar v. Went For It, Inc. , 1995 W.L. 365648, the 5 to 4 decision of the Supreme Court on June 21, 1995. The majority upheld a Florida :ban on plaintiff lawyer solicitation of accident or disaster victims within 30 days of the event. The decision is explicitly limited to lawyer advertising, and is one of the few results that both Jim Rogers and I would agree is wrong-headed. However, as I said in my .letter of July 6 to Vic and Diana, with copies to the Supervisors, Florida Bar changes nothing in Rubin v. Coors Brewing Co. , and in fact strongly reiterates the requirement of a thorough and searching application of the Central Hudson burden of proof. In the case, Justice O'Connor, writing for the majority, said it was dispositive that the lawyers attacking the rule had not put in any rebuttal evidence to the survey study done by the Florida Bar, on which the rule was based. That is surely a conclusion that could never be drawn about the opponents of your proposed ordinances here. We brought you in March and May, and bring today more, real substantial, peer-reviewed scientific evidence that the causation you absolutely must find factually to support this ordinance constitutionally simply does not exist. DEVOP\09647.TSTJ7.15.95 Seattle 4 I would be glad to respond to any questions you may have, and would be pleased to continue a legal dialogue with you or any members of the Board of Supervisors, or your legal counsel. Your constitutional hurdle as to this ordinance is insurmountable. Although we have been given an opportunity for only a cursory look at the so-called evidence placed in the record to support your ordinance, I conclude that no court could properly find that it does so. I also conclude that any court would find the ordinance impermissible under the First Amendment. Thank you. DEVOP\09647.TST/7.15.95 Seattle 5 .�,..- .S',:+,,•ti -a.��.=-..User.�<:...:,�-:.:��^•_..:Sv:_KSii�t,;.figiss:s�::a:.u:x:,:s.a:;:st,:>.::.a.xa:bis:}....x.._...�.r...:....-.c-<r.__... __..............,.._.....,..,..x.__......c,wx.,.,z:ciz,. ......v,�,r ...,.,._..,.,. -...,.,............... r ATTACHMENT #6 Statement by Debra J. Ringold, Ph.D. Associate Professor of Marketing The Atkinson Graduate School of Management Willamette University on the proposal to prohibit advertising of alcohol beverages on billboards within 2,000 feet of schools in the unincorporated area of Contra Costa County Prepared for submission to the Contra Costa County Board of Supervisors July 17, 1995 Dr. Ringold has taught marketing communications, marketing management, marketing research, and marketing and public policy at Willamette University, the University of Maryland, the American University, and the University of Baltimore. She was a principal investigator in a Federal Trade Commission study of advertising and its regulation. Her research on advertising regulation has appeared in a number of academic journals including the Journal of Marketing and the Journal of Public Policy and Marketing. She is president- elect of the Marketing and Society division of the American Marketing Association, serves on the editorial board of the Journal of Public Policy and Marketing, and chaired the 1994 Marketing and Public Policy Conference. Dr. Ringold received her Ph.D. in marketing from the University of Maryland, College Park. s• Introduction I have been asked to comment on a proposal before the Contra Costa County Board of Supervisors to ban alcohol beverage advertising on billboards within 2,000 feet of any public or private elementary or secondary school in the unincorporated area of Contra Costa County. Section 88-6.1102 of the proposed ordinance notes that restricting billboard advertising will "protect children" from alcohol beverage advertising. It further states that minors "are impressionable and often incapable of making informed decisions" and that "advertising of...alcohol affects minors' use of...alcohol" beverages. Thus, the proposed ordinance presents the view that: (1) minors are particularly naive: with respect to the nature of alcohol and the purpose of its advertising; (2) advertising is a cause of illegal alcohol beverage consumption by persons under age 21 and alcohol abuse; and (3) a ban on alcohol ads on billboards within 2,000 feet of schools will reduce illegal drinking by persons under age 21 and the abuse of alcohol. The scientific literature strongly suggests that children and :adolescents are not the often portrayed "hapless victims" of advertising. On the contrary, young people understand the incentives of advertisers and appreciate the various roles played by advertising. Moreover, in terms of expenditures, billboards rank last among the major advertising media. and are so little employed for children's products, that billboard expenditures do not even make McNeal's list of advertising investments made for children's products. Young people know that underage drinking is illegal, understand that alcohol abuse may cause health problems, and are drinking and abusing alcohol less. National surveys have consistently found that young people (even more than adults) are aware of the dangers of excessive drinking and recognize that these dangers apply with greatest force to themselves. National public opinion polls find that young people .are fully aware of the legal 2 _•u:Yrcra"�1d1Lct ' "'iii:cirisoit:.r;.:ytf��wutsh`'u•'tsL}, ?v;.3.•., .s.:zi ;_ ;,_.ec�.:rti:. C -Lcsu�' it:5+.sis'.• -r-:s.:.z:.;s.r.Y:-..::t'e'+�'.afr.�•6/' - - .r_.x.,..ics.c.c,..�..._... age to purchase alcohol. Surveys by the federal government and others reveal a sharp decline in youth drinking and abuse during the past decade or more. Thus, during a period characterized by substantial increases in beer advertising, young people have increasingly come to understand the health consequences of alcohol abuse, know the legal drinking age, and consume less alcohol beverages. A comprehensive review of decades of scientific research on advertising and sales reveals no material connection between alcohol advertising and aggregate consumption of alcohol. In fact, this research strongly suggests that no such connection exists. Rather, advertising in the alcohol beverage market focuses on differentiating one brand from another; that is, advertisers direct their resources to winning or defending a desired market share. There is even less reason to think that advertising is a cause of alcohol abuse or underage drinking. Rather, what counts in the decision to consume alcohol beverages, and shapes subsequent drinking behavior, are the attitudes and behaviors of parents and peers. These conclusions have been reached in numerous reviews of the academic literature, including authoritative reviews by the staffs of the Federal Trade Commission (FTC) and Addiction Research Foundation in Canada. The fact that advertising does not affect aggregate.consumption of alcohol makes it extremely unlikely that a ban on advertising will reduce alcohol consumption, drinking by persons under age 21, or alcohol abuse. Here too the scientific literature is clear: advertising bans do not affect overall sales of alcohol beverages. When imposed, bans on alcohol advertising result in no measurable reduction in total alcohol sales. Conversely, when advertising restrictions are lifted, there is no empirical evidence to suggest that consumption increases. 3 . ;-.yy'n:.fnrtiiMS]Sixa2a.Vv_.?.�.i. t.`•••.•.'•w.:i.•w.i.:i6ctiL'.4::5•sYs1M3..s.cwci4Gi::5u.-.G.utuaiv:�[x)c.uvvWi..iUvalti.::.wt._:..=_._•_1..^.r.:_::............:.. _____........_....... There is, therefore, no reason to believe that the proposal to prohibit advertising of alcohol beverages on billboards within 2,000 feet of schools will "protect minors." Young people are appropriately skeptical about advertising and quite knowledgeable about the health consequences of alcohol abuse. Young people are aware that drinking under the age of 21 is illegal. Advertising effects in the alcohol beverage market, and other mature markets for that matter, are immaterial at best. Advertising bans do not work. To impose such a ban in spite of these findings would be counter-productive; such measures divert energy and attention from truly promising solutions to the problems of alcohol abuse such as community- and school-based education programs and enhanced law enforcement efforts. As parents, educators, and policy makers we should be teaching our children to navigate the marketplace of ideas, not attempting to constrain it. The remainder of this statement documents each of these points. Consumers: Not "Hapless Victims" Many critics of advertising subscribe to what has been called the "vulnerable" or "dumb" consumer model. (For detailed analyses of such views see Bauer 1964, Calfee and Ringold 1992, Ringold 1995). Consumers are often cast as easily bamboozled by advertising flim- flam. They are viewed as being limited in their ability to take account of information relevant to their own welfare; people unable to exercise their free will in the presence of advertising. So common is this view of consumers that as Leventhal (1964) observed: it is only a mild exaggeration to say that most people view mass-media audiences, excepting perhaps.themselves, as a large group of relatively helpless, isolated individuals, each urged by the hypnotic force of his TV sett, radio, or magazine into a course of action which he would otherwise never undertake. Much as Pavlov's dogs salivated at the ringing of a bell, the listener obeys the demands of mass communication (p. 270-271). 4 Not surprising, much of the criticism of alcohol advertising is predicated on the belief that consumers are powerfully influenced by advertising and ignorant of the health effects of alcohol abuse. A review of the literature and relevant poll data suggests, however, that consumers are neither naive with respect to advertising nor ignorant with regard to the potential health effects of alcohol. A large share of consumer information is distributed by sellers in the form of advertising. Some have said that it is "information needed to make a free choice" (Central Hudson 1980, p. 568). While advertising does reduce buyers' search costs, it obviously casts the product in the best possible light because the seller is using the message both to provide information and to persuade. For this reason, those who study the economics of information have long held that consumers are skeptical of advertising (Akerlof 1970, Darby and Karni 1973, Nelson 1970, 1974, 1978, for an extensive review see Calfee and Ford 1988). In fact, these researchers assert that consumers do more than simply distrust advertisers. Consumers speculate as to the motives and practices of advertisers; consumers appreciate when advertisers have the incentive to speak truthfully because the market will inflict penalties on untruthful behavior; and consumers believe that sellers take consumer perceptions of advertising behavior into account (Wright 1986). Given this skepticism, at its most potent, advertising teases our appetites "but it doesn't change basic tastes, values, or preferences" (Etzioni 1972, p. 45). That adult consumers are, in reality, sophisticated with respect to advertising can be demonstrated through the examination of public opinion on advertising (Calfee and Ringold 1994). This research suggests that the majority of consumers view advertising as an essential source of useful product information and simultaneously appreciate advertising's role as persuader. National opinion polls demonstrate that a relatively small minority of consumers 5 believe that advertising is completely truthful. This is not to say that consumers find little merit in advertising overall. In fact, the majority of consumers seem to feel that the benefits of advertising outweigh the costs. What the poll data,does show, however, is a baseline skepticism against which individual sellers must contend in seeking; to inform and persuade. In a paper presented at the Special Conference on the Effects of Mass Media on the Use and Abuse of Alcohol sponsored by the National Institute on Alcohol Abuse and Alcoholism (AIIAAA), Stewart and Rice (1994, p. 29) conclude that "there is no evidence to suggest that...vulnerability [to marketing communications] is associated with race, ethnicity, or gender." Thus, those who suggest that government should restrict the speech heard by certain segments of its citizens, decline to consider the marketplace sophistication of the American public and engage in what Benjamin L. Hooks has called "an insidious form of paternalism" (Rothenberg 1990, p. 17). The literature also strongly suggests that children and adolescents are not in reality the often portrayed "hapless victims" of advertising (Ward 1971, p. 464). Ward (1972) found that while kindergartners show no understanding of the purpose of advertising, second graders understand that the purpose is to sell goods, and fourth and sixth graders comment on the techniques employed to this end. Further, Ward concludedthat there is a general distrust of advertising in children and that this distrust of advertising increases with age. The perceptions of advertising by first, third, and fifth graders were examined by Robertson and Rossiter (1974). Their results show clear developmental trends toward increasingly sophisticated cognitions about, and less positive attitudes toward, advertising. For example, while just over 50 percent of first graders recognized the persuasive intent of advertising, 99 percent of all fifth graders did so. Sixty-five percent of all first graders indicated that they trust all commercials, while less than eight percent of fifth graders 6 .":+ttiSbtlLti'JiJ0�3:it1[S,.)8 •d'vaa`Ja:.'.vr.i::<riecrvicrrvvvs...v.....w......-..e.«.,..r....,.<...G✓vv:..w...w:.v[+Gh.L:G[+tYLltstsG+tsi.v+-.w.x.vwue. --.tint.e..rir..L.rb..w.wrvvvW,.•............,... ...... . provide this response. Overall, Robertson and Rossiter's (1974) results suggest that as children age they increasingly attribute persuasive intent to commercials, believe commercials less, like commercials less, and are less likely to want the products advertised. Not surprising, these findings are quite consistent with the developmental sequence of children's understanding of economic concepts found by Berti and Bombi (1988). Linn, de Benedictis, and Delucchi (1982) addressed some of these issues with a somewhat older cohort of children. Their results indicate that seventh and eighth graders display substantial skepticism of advertisers and of product tests conducted by advertisers. They concluded that more than 95 percent of adolescents are skeptical of advertisers and can name potentially misleading aspects of product tests. The majority appear not to accept the veracity of flawed product test advertisements. Consistent with these findings, Moore and Moschis (1978) concluded that adolescents have generally negative attitudes toward advertising. In particular, Moore and Moschis found advertising to have low credibility with adolescents. Similarly, in the NTAAA conference paper cited earlier, Stewart and Rice (1994) concluded that [This] general dislike and skepticism for advertising may result in adolescents tuning out most advertising they are exposed to, and may result in increased vigilance of advertising claims. This could result in adolescents being less "influenced" by advertising than adults (p. 33). Wallack, Cassady, and Grube (1990), in a study funded by the AAA Foundation for Traffic Safety, found that children are skeptical of beer advertising as well. Eight groups of fifth and sixth graders participated in numerous focus group discussions designed to better understand how children interpret beer commercials. Their focus group findings are noteworthy. 7 _....u_.:...•.r.._:.rw..c.....................e.,.....x..,......>....................:....:.:... ..: .._ _.kcwc,... cicxsc:u..ss.es..,,w .,.........,....:_..,...'--.. ._`''... I All children were aware that the intent of each commercial was to sell beer...There was considerable skepticism about the promises that beer commercials make about the popularity, fun and good times to be had if you buy their brand of beer...In addition, children are aware of the health consequences of drinking and driving and other high risk activities...Most children felt that drinking was morally wrong (A3, p. 6, 3). Knowledge of the health consequences of alcohol abuse is high for junior and senior high school students (U.S. Department of Health and Human Services 1991); high for college students (Kalsher, Clarke, and Wogalter 1993); and high for adults (Kaskutas and Greenfield 1992). In fact, young people's awareness of the potential dangers of alcohol consumption (especially when driving or when pregnant) has reached levels very close to 100 percent (HHS 1991, MacKinnon, Pentz, and Stacy 1993). Recent research has also shown that the widespread belief that young persons see themselves as "invulnerable" to life's dangers-- especially the dangers of alcohol abuse--is simply not true. Teenagers see themselves as being at gLeater risk than their parents (Fischhoff and Quadrel 1991, Quadrel, Fischhoff, and Davis 1993). "Indeed, the parents were viewed as less vulnerable than their teenage children by both the adults and those teens" (Quadrel, Fischhoff, and Davis 1993, p. 102). In a 1991 nationally representative poll of people aged 14 and older, 99 percent reported knowing that "[i]t is against the law to purchase alcohol for persons under 21" (Roper 1991). Based on a different assessment methodology, the: U.S. Department of Health and Human Services (1991) reported that better than 70 percent of a student cohort including respondents as young as age 12 are aware of the legal age to purchase alcohol. Thus, consumers of all ages are neither naive with respect to advertising nor ignorant with regard to the legal drinking age or the potential health consequences of alcohol abuse. Young people, whether in junior high, high school, or college, understand the purpose of 8 beer advertising, know the legal drinking age, and appreciate the potential health consequences of drinking alcohol beverages. The Myth of Advertising's Power , While advertising was once thought to be a potent force in shaping the decisions of consumers, this view has been abandoned by most marketing academics. In the past few decades, these scholars have developed a much more limited view of advertising's persuasive effects (see Stewart and Rice 1994 for more detail), but have come to recognize advertising as an essential information component of the larger competitive process. Advertising benefits consumers! In its authoritative 1985 evaluation of the scientific literature on alcohol advertising, the Federal Trade Commission concluded that "there are convincing reasons to believe that advertising of alcoholic beverages serves socially useful purposes, and that advertising restrictions would have significant costs" (AA p. 3). In the FTC's (1985) words: [A]dvertising provides information about product characteristics that enables consumers...to choose the particular products or brands that best satisfy their preferences. Thus, advertising may lead to expansion of the market shares of superior brands or brands that cater to particular tastes...[A]dvertising increases new entry and price competition and hence reduces market power and prices...(AA, p. 3). In mature markets, such as the alcohol beverage market, this kind of brand competition tends to yield roughly off-setting shifts in market shares among winners and losers. For frequently purchased and frequently used products, experience is the major source of information and hence the effect of advertising on aggregate industry sales is not material. Thus, advertising in mature markets focuses on differentiating one brand from another. An impressive number of investigations, which consider a variety of mature products, demonstrate that this type of brand advertising plays an extremely weak role in 9 expanding industry demand. Aaker and Carman (1982), Assmus, Farley, and Lehmann (1984), and Andrews and Franke (1991) evaluated the findings of well over fifty studies of advertising effects on industry sales in mature markets. They conclude that advertising efforts--by individual brands or the combined investments of all brands in a market--appear to do almost nothing to stimulate total market expansion. In light of this, Aaker and Carman (1982), Jones (1989), and others in the advertising community have suggested that while advertising has some likelihood of affecting brand shares, a substantial amount of advertising executed for established, frequently purchased consumer brands represents unprofitable overadvertising. Nonetheless, firms continue to (over)advertise in the belief (almost certainly true) that to stop advertising is to concede the market to the competition. It is also worth noting that while nontrivial investments are made in outdoor media, it ranks far below newspapers, television, direct mail, radio, and magazines in terms of advertising expenditures (Kotler 1994, p. 641). Moreover, outdoor advertising is so little employed for children's products, that billboard expenditures do not even make McNeal's list of advertising investments made for children's products (1992, p. 134-135). Table 1 illustrates this point. In summary then, there is no reason to expect that alcohol advertising will increase total sales of alcohol beverages. At best, advertisers will achieve some brand share improvement if consumers respond to product attributes or improvements communicated by advertising. The large scientific literature on the effects of alcohol advertising is consistent with these expectations. The next sections review the evidence on the effects of advertising on alcohol consumption and alcohol abuse. Attention will be drawn to earlier evaluations of this literature by the U.S. government and others. All of these evaluations, like the one 10 presented here, conclude that advertising has no demonstrable effect on alcohol consumption or abuse. Alcohol Advertising and Alcohol Consumption In 1985, the FTC staff conducted a thorough review of the literature on alcohol advertising, and concluded that "the bulk of existing studies of alcohol and other advertising have found little or no effect of variations of advertising on total-industry consumption" (1985, AA p. 13). A prominent scholar at the Addiction Research Foundation in Canada reviewed the same body of work in 1988 and reached essentially the same conclusion: "total advertising expenditures have no reliable correlation with sales of alcohol beverages," and "[i]n general, the evidence indicates little impact of alcohol advertising on alcohol sales or drinking" (Smart 1988, p. 314). This section summarizes this literature, plus what has appeared since. As you will see, there is no reason to alter the assessments reached earlier by the FTC staff and the Addiction Research Foundation. A good start is with the recent data on U.S. beer advertising and sales. It is important that beer advertising be placed in the context of the total commercial information environment. Figure 1 shows that in 1994, beer advertising made up only 1.4 percent of all national advertising available to U.S. consumers. Figure 2 presents U.S. beer advertising and per capita sales' during the past twenty- five years. It shows that (in real dollars) advertising has apparently had no effect on total beer sales. In fact, Figure 2 illustrates that advertising follows, rather than leads, industry 'Per capita consumption trends in California have been much the same. In 1983, per capita consumption of malt beverages was 24.7 gallons, it was 24.1 gallons in 1988, and had declined to 20.8 gallons in 1993 (Beer Institute 1995). 11 .......: .fa-.._.:..}Lrs:4JDil:.v..,:1.v.�..:a:a>v�.viii.OII.:i:1{i1J.Q•;J.._..�.^'.y`i.^LOL'••.r..-.<y+,c..__....'.-{,8:5}itO.Si{:Sa.4i5i+:z::i.:tis.`Scv.S2iais.ulaL. —_ _ __ _ _ :L>LH via4.a,.t_C... ........,...,......... r sales. Note also, that large increases in advertising expenditures during the 1980s had little obvious impact on declining beer sales. While the data in Figure 2 strongly suggest that advertising has no influence on sales, it is possible that other factors might obscure the effects of advertising. This line of thinking has led to a substantial volume of research, by researchers from a variety of disciplines, using a variety of methods, to investigate the alcohol beverage markets of half a dozen or more countries. This research on alcohol advertising has taken three basic approaches. The first examines actual market data, focusing on changes in advertising and sales through time, while taking into account other variables such as price and income. A second approach uses consumer surveys in an attempt to assess how exposure to advertising relates to self-reported consumption of alcohol beverages. A third approach uses experimental methods wherein researchers attempt to provide alcohol advertising in a controlled environment so as to study its effects in isolation. It is noteworthy, that regardless of the methods used, the results are essentially the same: alcohol advertising does not affect consumption. Econometric research: This type of research combines actual market data on advertising with data on sales, prices, income, and other variables in order to isolate the effect, if any, of advertising on total alcohol consumption. Franke and Wilcox (1987, p. 28) examined the U.S. market and concluded that advertising does not "substantially affect" total alcohol consumption, noting that such a conclusion was consistent with previous research on other nations. They also note that it is often the case that rather than advertising causing consumption, consumption causes advertising, in that many leading consumer advertisers use a percentage of past sales or anticipated sales in setting advertising budgets. In an investigation of the effects of 12 Si6G3s.G.C.L!.;A`n1-iSC.::G.✓.[S..n's......J . alcohol advertising expenditures in Canada, Bourgeois and Barnes (1979) found no effect from advertising on total per capita alcohol consumption. The authors concluded, "this study produced little evidence to support the claim that the level of per-capita consumption of alcohol beverages in Canada is influenced by the volume of advertising for these products." The U.K. market has been the subject of a number of studies. The pioneer effort by McGuinness (1980) was extended by Walsh (1982), by McGuinness himself (1983), and by Godfrey (1988, 1989). Walsh and McGuinness both concluded that their results (in the words of McGuinness 1983, p. 241), "do not suggest that small changes in the levels of real advertising of alcohol will have much of an effect on consumption levels." Godfrey's work, which also addressed Duffy's research, is discussed below. Hagan and Waterson (1983) examined the years 1961-1980 and found no short- or long-term effect from advertising on total alcohol sales. Duffy (1981, 1982, 1987, 1989, 1990, and 1991) has produced a series of studies of the U.K. alcohol market. Using a variety of data bases and statistical methods, he concluded that alcohol advertising has little or no effect on sales. Johnson (1985) and Selvanathan (1989) used methods similar to Duffy's and produced similar results. Finally, Godfrey (1988, 1989) re-analyzed the data used in Duffy (1983) and McGuinness (1983). The estimated effects of advertising on alcohol consumption were extremely small and generally statistically insignificant. These analyses provided no support for the view that total market advertising increases total alcohol consumption. Until recently, econometric research on alcohol advertising had been devoted almost entirely to the U.S., Canada, and the U.K. To correct this limitation, Calfee and Scheraga (1994) recently completed a statistical analysis of alcohol advertising and sales in four European nations (one of which was the U.K.). In none of these nations was advertising 13 found to have a detectable effect on total alcohol consumption--even though the volume of advertising in some countries doubled or even tripled in less than two decades, thus giving ample opportunity for advertising to reveal its effect on sales, if any. such effects existed. Indeed, the patterns of alcohol demand in these countries closely paralleled those in Sweden, where alcohol advertising has been banned since 1975. Thus, the econometric evidence on advertising and alcohol consumption strongly indicates that advertising has no effect on total consumption. Earlier authoritative reviews by government organizations, including the FTC staff and Addiction Research Foundation staff quoted above, reached this same conclusion. Research using surveys: In recent years, analysts of alcohol advertising have often turned to consumer surveys to assess the effects of advertising. It should be pointed out that surveys reveal association or correlation, but cannot reveal causal relationships. For example:, a survey may reveal that beer drinkers pay more attention than nondrinkers to beer ads. But the survey cannot determine why this occurs. It cannot tell us whether the ads caused viewers to drink beer, or whether people who drink beer are more inclined to pay attention to ads for their brand or competing brands of beer, or whether some third factor (such as familial influence) led to both beer drinking and to a tendency to enjoy beer ads. This fundamental limitation on the value of survey evidence has been pointed out in several critiques of this kind of advertising research (the latest being Wilde 1993). Indeed, most of the researchers conducting these surveys have themselves recognized that, in the words of one widely cited researcher, "the possibility that drinkers may pay more attention to messages about alcohol beverages than nondrinkers confounds any relationship that such surveys might find between [advertising] exposure and [drinking] behavior" (Lieberman and Orlandi 1987, p. 31). 14 The largest single body of survey data comes from a federally funded project carried out by Atkin and Block (1981), the results of which were published by Atkin and various co- authors over a period of several years (see for example, Atkin, Neuendorf, and McDermott 1983, Atkin, Hocking, and Block 1984). In their original publication, the authors were careful to point out that their study found no more than a correlation between advertising and actual behavior. Nonetheless, later publications based on these same data claimed a stronger link between advertising and behavior. This gave rise to strong criticism, the most notable example being the critique by Strickland (1984). Eventually, Martin Block himself felt compelled to explain why these stronger claims for his research with Atkin were not valid. In his 1992 remarks in U.S. Senate hearings, Block strenuously objected to the characterization of his study with Atkin as support for the proposition that a "significant relationship" exists between exposure of youth to alcohol advertising and drinking behavior and attitudes that can lead to certain forms of problem drinking. This reference distorts the substance of our report and ignores the caveats we put into the report concerning interpretation of the data...[W]ith respect to the issue of advertising effects the study actually provides no justification for restrictions on or curtailment of alcohol advertisements (p. 2). Similar survey research has come from the U.S. and the U.K.' Most often, no correlation at all is found between advertising and either behavior or attitudes regarding alcohol. Much of this survey research has focused on young people. Some studies find that students who drink or plan to drink see more alcohol advertising or have more positive reactions to the advertising, compared to students who do not or plan not to drink. Such data provide no reason to think that these attitudes are caused by advertising. Rather, the association revealed in these data is consistent with the well known tendency for consumers 'See Strickland (1982, 1983), Lieberman and Orlandi (1987), Aitken, Eadie, Leather, McNeill, and Scott (1988), Adlaf and Kohn (1989), Aitken (1989), Wallack, Cassady, and Grube (1990), and Hastings, Mackintosh, and Aitken (1992). 15 u2.OGiivGGx" `:^t'Y2j:121:]11:1i.)JJJiSUJvavliY(3tSLS"1-�4�'."��� `-- ~t•s..tiG.s.:,:.dC..tti:' "+tSLC_::LL1..4{S.KYS:.ti:tifiGSALiIs:iL1L:t.s.h...d.s.se..3..tal..aua...�..s....�..: or would-be consumers of any product to pay more attention to advertising for products they use or plan to use. This fact has been explicitly recognized by most alcohol researchers themselves (see especially the critiques by Strickland 1984 and Wilde 1993). Experimental research: Some experiments have attempted to assess the impact of commercials on attitudes and behavioral intentions, the theoretical precursors of behavior. The usual approach is to randomly assign people to several different groups, each of which is shown no or different sets of ads. For example, the team of Atkin and Block (1981) conducted two experiments of this sort. They found little to suggest that advertising affected the intent to purchase or consume excessive amounts of alcohol beverages. Similarly, groups of 5th and 8th graders who watched either beer commercials, soft-drink commercials, or beer commercials plus anti-drinking messages exhibited no differences in drinking expectancies (Lipsitz, Brake, Vincent, and Winters 1993). Most experimental research on alcohol advertising has come from the Addiction Research Foundation, a Canadian government agency in Toronto., The goal of these studies was to see whether groups exposed to alcohol advertisements actually purchase or drink more alcohol. For example, the initial effort by McCarty and Ewing (1983) compared groups who saw ads for alcohol beverages or ads for non-alcohol products. The investigators could find no effect for advertising on the amount of drinks poured, the drinking rate, or the level of intoxication as measured by a breathalyzer. Later work involved college students who saw either no alcohol beverage ads or several (Kohn and Smart 1984, Sobell, et al. 1986, Kohn and Smart 1987) or patrons at a shopping mall who saw either no ads or some ads and then had their purchases monitored (Kohn, Smart, and Ogborne 1984). 16 _:r"-�tw�'t'd =.i7a+iii1:.'v:.:.iyia`n;aaditt `." .` .._.. _ _ vi,n..tuiDYw.YrMs,'s.::+Jams.t.i�i�L9.+:1:a.rin.sn....:......a..rduv.•....,..+,.s.....-n..v,._.......__. i Whether focused on behavioral intentions or actual behavior, the consistent finding in all these efforts is a lack of effects from advertising. The authors of the most recent experimental study (Lipsitz et al. 1993, p. 439) concluded "the failure of beer commercials to create positive alcohol expectancies is consistent with limited and null findings of previous investigations." Summary: What the literature says on advertising and consumption In 1985, the staff of the Federal Trade Commission reviewed the research on alcohol advertising and consumption, and found no reliable basis to conclude that alcohol advertising significantly affects consumption (1985). A prominent scholar at Canada's Addiction Research Foundation (funded by the Ontario government) reviewed the literature in 1988 and reached similar conclusions: "total advertising expenditures have no reliable correlation with sales of alcohol beverages," and "in general, the evidence indicates little impact of alcohol advertising on alcohol sales or drinking" (Smart 1988, p. 314). And in a recent, most comprehensive review, Fisher (1993, p. 150) again examined the extant econometric, survey, and experimental research and concluded that "[a]dvertising appears to have a very weak positive influence on consumption and no impact on experimentation with alcohol or abuse of it." In conclusion, research on the effects of alcohol advertising has employed a variety of techniques and has analyzed markets in half a dozen or more nations. In some of these countries alcohol advertising has greatly increased or decreased. Yet research has failed to detect a material influence from advertising on total consumption. Alcohol advertising probably affects market shares, but it does not materially affect total sales or consumption. 17 ...,..t. ...,._,,.�„.,,,.,.,.•.., .c-.,,..... .c,.•...•..•.r_...,,._.,.,t,.:,u��t,,:.......n,r...W..,.,..,...,,,,t.,.:u.:,ww.......t+c;::�r,^.wc,;.;c.;+c. .•..,..:.... ... .._.0......... ...... t Alcohol Advertising and Alcohol Abuse The fact that advertising does not increase alcohol consumption makes it extremely unlikely that advertising causes either alcohol abuse or underage drinking. Utilizing a survey methodology, Strickland (1983) analyzed the effects of televised beverage alcohol advertising on teenagers. In general, these were shown to have "meager effects on the level of consumption, and these effects rarely translated into effects on alcohol problems. In contrast to the advertising effects, a set of interpersonal influences, especially differential peer association, was shown to have significant impact on both consumption levels and alcohol abuse behavior" (p. 221). On the other hand, some surveys have found that heavy drinkers and underage drinkers pay more attention to alcohol ads than do other consumers (see for example, Atkin, Neuendorf, and McDermott 1983). But again, there is no reason to think the abuse or underage drinking was caused by the ads. Rather, these survey results reflect the widely recognized fact that heavy users of any product are unusually attentive to ads for that product (for a review see Stewart, Tellis, and Sanft 1990). Atkin and Block's (1981) controlled experiments found little to suggest that advertising affected the intent to purchase or consume excessive amounts of alcohol beverages. Similarly, controlled experiments in which subjects observe alcohol ads with opportunities to drink typically find little to no effect from ads on amount consumed.' There have also been attempts to use statistical methods to find an association between alcohol advertising and abuse. Schweitzer, Intriligator, and Salehi (1983) investigated the patterns of drinking and alcoholism in states with various marketing restrictions. They found 'See McCarthy and Ewing (1983), Kohn and Smart (1984, 1987), Kohn, Smart, and Ogborne (1984) discussed earlier. Smart (1988, p. 314) concluded that, "experimental studies typically show no effect of advertising on actual consumption." 18 sr::.rwirtsw...�.r.,tititi<i..,..;...: •:.,,.;n:,:.C,.ctro:..:....:..,:.s:x.nswxs:sts2;ti"..::,?.,.,..c? :.s•....r::::�.x.......,.,...., ..,_._..:e.. ..__._-_.�:........ .ce.c.c.._.....:.u.:.c.r...:.:..u:....>...<«...-.,.,................u.,.,,..,,........., ... that after taking into account other variables, advertising bans were associated with a shift in consumption from beer to spirits, with lower levels of alcoholism, and with slightly higher rates of alcohol-related mortality. This study, however, could not address the direction of causality, that is, the question of whether an independent factor such as social attitudes toward drinking may induce both less alcoholism and bans on advertising. Finally, in a statistical analysis of European nations, Saffer (1991) found that rates of liver cirrhosis were unrelated to the presence of partial bans on alcohol advertising. Given that advertising does not increase alcohol consumption, it is hard to argue that advertising could have any impact on alcohol abuse. Thus, neither common sense nor empirical evidence suggests that alcohol advertising plays a role in decisions associated with illegal drinking, overconsumption, or driving while under the influence of alcohol. Recent Trends in Alcohol Abuse Data from the National Highway Traffic and Safety Administration (1994a) reveal substantial improvements in teenage drunk driving in recent years. "From 1983 to 1993, intoxication rates decreased for drivers of all age groups involved in fatal crashes, with the youngest and oldest experiencing the largest decreases...For drivers 16 to 20 years of age, intoxication rates dropped by 47 percent, from 30.3 percent in 1983 to 16.2 percent in 1993" (NHTSA 1994a, p. 2). During 1983-1993, alcohol involvement for drivers aged 16-20 in fatal crashes declined some 22 percent, dropping from 9,334 to 7,245 (NHTSA 1994a, p. 5). This is an extraordinary record of improvement in so short a time. It is also important to note that these substantial improvements have come during an era of great increases in beer advertising. (See Figure 2.) 19 J NHTSA and California Highway Patrol data for the State of California and Contra Costa County (CCC) show similar improvements in alcohol abuse in recent years. From 1982 to 1993, traffic fatalities involving alcohol in California dropped from 2,721 to 1,760, a 35 percent decline (NHTSA 1994b, p. 3-4). "From 1989 through 1993, the number of people killed and injured in alcohol related traffic crashes has been going down. Deaths dropped by 37% in California and 60% in Contra Costa County, and injuries were decreased by one-third in the state and 39% in the County" (CCC Health Services Department 1994, p. 36). In the five years from 1989 through 1993, adult alcohol arrests dropped by 41 percent in Contra Costa County and 31 percent statewide (CCC Health Services Department 1994). Following the statewide trend, juvenile alcohol arrests in Contra Costa County have also steadily declined during 1989-1993. In 1990, the Contra Costa County juvenile alcohol arrest rate was 48.4 percent and by 1993 was down to 23.7 percent, a decline of over 50 percent! (CCC Health Services Department 1994). Driving while under the influence of alcohol (DUI) declined for juveniles as well during this period. In 1989, there were 63 juvenile DUI arrests made in Contra Costa County; in 1993, there were 25. Thus, between 1989 and 1993, DUI juvenile arrests in Contra Costa County fell by over 60 percent (CCC Health Services Department 1994). Teenage drinking has followed a similar pattern. The U.S. Department of Health and Human Services (1994) reports that since 1980, the monthly prevalence of alcohol use among seniors in high school has declined, from 72 percent in 1980 to 51 percent in 1993. Daily use declined from a peak of 6.9 percent in 1979 to 2.5 percent in 1993; and the prevalence of drinking five or more drinks in a row (i.e., binge drinking) during the prior two-week 20 interval fell from 41 percent in 1983 to 28 percent in 1993--nearly a one-third decline (HHS 1994, p. 18). Thus, while frequent and disturbing news stories on death or,injury from alcohol abuse give the impression that these problems are getting worse, the best available government data makes clear that this is not true! Do Ad Bans Work? A number of statistical studies of alcohol advertising focus on the effects of partial or complete bans on advertising. Much of this research has analyzed the U.S. or Canadian markets. Smart and Cutler (1976) used consumption data from two Canadian provinces to analyze the effects of a 14-month ban on alcohol advertising in British Columbia. They found no changes in consumption associated with imposition or removal of the ban, and concluded that "[t]he data presented lent little support for the view that the B.C. advertising ban reduced alcohol consumption" (p. 20). Makowsky and Whitehead (1991), under the auspices of the Health Services and Promotion Branch, Health and Welfare Canada, examined the effects of lifting, in 1983, a 58-year old Saskatchewan alcohol advertising ban. While no increase in the overall level of sales occurred after the ban was lifted, a shift from distilled spirits to beer was noted. In their words (p. 555), "[t]his evaluation suggests that alcohol advertising is not a contributory force that influences the.overall level of alcohol consumption." Ogborne and Smart (1980) examined both Canadian and U.S. data. The Canadian data compared alcohol consumption through time in two provinces, one of which imposed an ad ban midway through the time period. No apparent effect from the ban was found. The U.S. data involved per capita consumption and alcoholism in each U.S. state. Using 21 • ...._....w.�..,...,,.,,_:�t3'..+�;:.,can.:rrir_:,..,.,..,..,::,:...,.;..._........=.>.:wa.a...k,......:..:,cxv.:+uau,.,...r_,::;u...::. ..._.,__::.,,,......�,._.. r regression techniques with urbanization, income, alcohol availability, and degree of advertising restrictions as explanatory variables, no effect on alcoholism or alcohol consumption was found from the restrictions on advertising. Schweitzer, Intriligator, and Salehi (1983) also looked at alcohol consumption and alcoholism in U.S. states, only some of which had bans on advertising. They concluded that prohibiting alcohol advertising did not reduce consumption but tended to shift consumption from beer to spirits. One study (Saffer 1991) found that alcohol consumption was less in European nations that had restricted alcohol advertising. This study did not attempt,, however, to assess whether lower consumption was caused by the ad restrictions. A recent critique by Young (1993) pointed out that Saffer's data strongly indicate that lower drinking rates were probably the cause of the ad bans (rather than the other way around). Young also found that partial ad bans are associated with increases rather than decreases in alcohol consumption. In summary, the research on the effects of ad bans has found that alcohol advertising bans do not reduce consumption. Again, previous authoritative evaluations of the literature reached essentially the same conclusion. The FTC (1985) and Toronto's Addiction Research Foundation (Smart 1988) concluded that careful comparisons of market sales and other factors before and after imposition of advertising bans provide little or no reason to think that bans have or will reduce the consumption of alcohol. "The evidence indicates that advertising bans do not reduce alcohol sales" (Smart 1980, p. 314). Rather than proceed with an ordinance that cannot achieve its stated purpose, I encourage the Board to look more objectively at how advertising actually works and pursue more effective alternatives. 22 •c•:.',:•:a.cratl.,,.asiteesw3ii,ii,rxsc>c>aac..:o....................,_.__ - ,:y.s.,e,.-,:i,.,:s;:..sa,xa.=.;..:.;...s:s:>s:......,s..a ..s........�..,..........._..__....,_....,.....,.,.,_,. ,.,.,....,.,_..».,. Conclusion The proposed ordinance presents the view that: (1) minors are particularly naive with respect to the nature of alcohol and the purpose of its advertising; (2) advertising is a cause of illegal alcohol beverage consumption by persons under age 21 and alcohol abuse; and (3) a ban on alcohol ads on billboards within 2,000 feet of schools will reduce illegal drinking by persons under age 21 and the abuse of alcohol. The scientific literature strongly suggests that children and adolescents are not the often portrayed "hapless victims" of advertising. On the contrary, young people appreciate the incentives of advertisers and the various roles played by advertising. Moreover, in terms of expenditures, outdoor advertising ranks last among the major advertising media and is so little employed for children's products that billboard expenditures do not even make McNeal's list of advertising investments made for children's products. Young people know that underage drinking is illegal, understand that alcohol abuse may cause health problems, and are drinking and abusing alcohol less. National surveys have consistently found that young people (even more than adults) are aware of the dangers of excessive drinking and recognize that these dangers apply with greatest force to themselves. National public opinion polls find that young people are fully aware of the legal .age to purchase alcohol. Surveys by the federal government and others reveal a sharp decline in youth drinking and abuse during the past decade or more. Thus, during a period characterized by substantial increases in beer advertising, young people have increasingly come to understand the health consequences of alcohol abuse, know the legal drinking age, and consume less alcohol beverages. 23 A comprehensive review of decades of scientific research on advertising and sales reveals no material connection between alcohol advertising and aggregate consumption of alcohol. In fact, this research strongly suggests that no such connection exists. Rather, advertising in the alcohol beverage market focuses on differentiating one brand from another; that is, advertisers direct their resources to winning or defending a desired market share. There is even less reason to think that advertising is a cause of alcohol abuse or underage drinking. Rather, what counts in the decision to consume alcohol beverages, and shapes subsequent drinking behavior, are the attitudes and behaviors of parents and peers. These conclusions have been reached in numerous reviews of the academic literature, including authoritative reviews by the staffs of the Federal Trade Commission (FTC) and Addiction Research Foundation in Canada. The fact that advertising does not affect aggregate consumption of alcohol makes it extremely unlikely that a ban on advertising will reduce alcohol consumption, drinking by persons under age 21, or alcohol abuse. Here too the scientific literature is clear: advertising bans do not affect overall sales of alcohol beverages. When imposed, bans on alcohol advertising result in no measurable reduction in total alcohol sales. Conversely, when advertising restrictions are lifted, there is no empirical evidence to suggest that consumption increases. Thus, there is no reason to believe that the proposal to prohibit advertising of alcohol beverages on billboards within 2,000 feet of schools will "protect minors." Young people are appropriately skeptical about advertising and quite knowledgeable about the health consequences of alcohol abuse. Young people are aware that drinking under the age of 21 is illegal. Advertising effects in the alcohol beverage market, and other mature markets for that matter, are immaterial at best. Advertising bans do not wort:. 24 a:s+.�:•in}i.+:tc+fs�:.u+s..ws..a..- _ ._.a:'�,;,,�,,;.,y/-:.:fUtv4JC•.L•.tiuc v..'.vsrsrvtev.sc vv.vai•,r..J::.a.1.sw......,.. 1 Enforcement of minimum drinking age laws tends to be lax in most states (O'Malley and Wagenaar 1991). The United States Department of Health and Human Services (1991) has concluded that public indifference to alcohol beverage consumption by minors contributes significantly to this lack of enforcement. Parents, educators, and policy makers must, with firm resolve, effectively act to reduce underage drinking and alcohol abuse. Parents, if they choose to drink, must drink responsibly. Familial example is the single most important factor in children's decisions about alcohol. Community and school based education programs must motivate and reinforce the idea that adults who choose to drink have an obligation to themselves, to their families, and to their community to drink responsibly. Public officials must support these education efforts and avoid sending mixed signals through lax enforcement of existing laws. Last, policy makers and community activists cannot let themselves be side-tracked by sometimes popular, but always ineffective, bans on advertising. Drinking by young people represents a major American paradox, fluctuating as it does between social tolerance and legal condemnation. Resolution of this paradox would likely reduce underage drinking still further; advertising bans will not. 25 ■� O c O q6ck 449. 6ck 49. 6 ci ■cu Q O W O t6 UJ O � U N > Q. r w C O O O C W d' M O ® O O 07 (n O d = tiO r N ,Aw O w N w w I <cl ^ L6 !u _ O M Oo 0o M Q L cc d w N N N w W LO maq V W) M H W J N V ch Lm O L Q N .15 a. _ 3 � Q = i E O m + a. Q V O C L fq Q O O O v -C E d _ O 6-0 O G1 L C .J p p. p ,N L �M (j � aj ~ CL U ,c Q L as L .� O LL ) o a u) 2! .. ..vs.�.n.n.�,.._.....s...>....�.. �x._a.�.....�.�,.�....,...T......,o.:.u.:..:a- w. -�=�iSdiv:.�r:�✓_..,:�u:».......,,..rsJs;c.t,;.,uoc.._..�.....,�..;:vouts:a.,,.,�....,.....,.,�a.._._s...ac....tv.o.i�.,...c.�.n.�..:,...c...r,.r.r.....v,.�_...,....,......_._,_,. t a` N / N mCD Q L Cl) a� ...... ......... cu L a� U \ i C m Cc r� N U ^, N W L L ♦^ W v, N .� n W L ........... 4-a O L U 3 cu ................. . ................. QL ... ... ... ........ a) ......:....... W Q L Z Q Aw (� `Cr — cn r Beer Sales (gals/capita 21 and over) L v , a CD m 0O t`- CD LO 'qr Co N r-- CD 06 b- M Co Co Co Co Co M M m m `t t- CDCn N 17 C� Cu Q) C� Co n Cu CDCu CoCu 00 CZ> 00 �- �`.., 00 Co 0 cc o C= E d :- p c� �Cn c C) O C) O Ca Ca O Ca L C) C ) o a o C) o a C) C) Co t~- CD Ln CIO Qm ' U L ($ L961 10 suoil<<w) fiuisi:PanpV References Aaker, David A. and James M. Carman (1982), "Are You Overadvertising," Journal of Advertising Research, 22 (4), 57-70. Adlaf, E.M. and P.M. Kohn (1989), "Alcohol Advertising, Consumption and Abuse: A Covariance-Structural Modelling Look at Strickland's Data," British Journal of Addiction, 84, 749-757. Aitken, P.P. (1989), "Television Alcohol Commercials and Under-Age Drinking," International Journal of Advertising, 8, 133-150. Aitken, P.P., D.R. Eadie, D.S. Leather, R.E.J. McNeill, and A.C. Scott (1988), "Television Advertisements for Alcohol Drinks Do Reinforce Under-Age Drinking," British Journal of Addiction, 83, 1399-1419. 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Saffer, Henry (1991), "Alcohol Advertising Bans and Alcohol Abuse: An International Perspective," Journal of Health Economics, 10, 65-79. Schweitzer, Stuart O., Michael D. Intriligator, and Hossein Salehi (1983), "Alcoholism: An Econometric Model of Its Causes, It Effects and Its Control," in Economics and Alcohol: Consumption and Controls, Marcus Grant, Martin Plant, and Alan Williams, eds., London & Canberra: Croom Helm, 107-127. Selvanathan, E. A. (1989), "Advertising and Alcohol Demand in the UK: Further Results," International Journal of Advertising, 8, 181-188. Smart, Reginald G. (1988), "Does Alcohol Advertising Affect Overall Consumption? A Review of Empirical Studies," Journal of Studies on Alcohol, 49 (4)9 314-323. Smart, Reginald G. and Ronald E. Cutler (1976), "The Alcohol Advertising Ban in British Columbia: Problems and Effects on Beverage Consumption," British Journal of Addiction, 71, 13-21. Sobell, Linda C., Mark B. Sobell, Diane M. Riley, Felix Klajner, Gloria I. Leo, Daniel Pavan, and Anthony Cancilla (1986), "Effect of Television Programming and Advertising on Alcohol Consumption in Normal Drinkers," Journal of Studies on Alcohol, 47 (4), 333-340. Stewart, David W. and Ronald Rice (1994), "Non-traditional Advertising and Promotions in the Marketing of Alcoholic Beverages," Special Conference on the: Effects of Mass Media on the Use and Abuse of Alcohol, National Institute on Alcohol Abuse and Alcoholism. Stewart, David W., Gerard Tellis, and Henrianne Sanft (1990), "Advertising Effects in the Market Place: What We Know About How Advertising Does (Anal Does Not) Work," working paper, Department of Marketing, University of Southern California. Strickland, Donald E. (1983), "Advertising Exposure, Alcohol Consumption and Misuse of Alcohol," in Economics and Alcohol: Consumption and Controls, A. Williams, M. Plant, and M. Grant (eds.), London: Croom Helm, 201-222. Strickland, Donald E. (1984), "Content and Effects of Alcohol Advertising: Comment on NTIS Pub. No. PB82-123142," Journal of Studies on Alcohol, 45 (1), 87-93. U.S. Department of Health and Human Services (1991), "Youth and Alcohol: A National Survey, Drinking Habits, Access, Attitudes, and Knowledge," Office of the Inspector General, OEI-09-91-00652, June, 1-15, with appendices. U.S. Department of Health and Human Services (1994), "National Survey Results on Drug Use from The Monitoring the Future Study, 1975-1993: Volume 1, Secondary School Students," NIH-94-3809, 1-281. Wallack, Lawrence, Diana Cassady, and Joel Grube (1990), TV Beer Commercials and Children: Exposure, Attention. Beliefs. and Expectations About Drinking as an Adult, AAA Foundation for Traffic Safety, Washington, D.C., Fall. Walsh, Brendan M. (1982), "The Demand for Alcohol in the UK: A Comment," Journal of Industrial Economics, 30 (4), 439-446. Ward, Scott (1972), "Children's Reactions to Commercials," Journal of Advertising Research, 12 (2), 37-45. Ward, Scott (1971), "Television Advertising and the Adolescent," Clinical Pediatrics, 10 (8), 462-464. Wilde, Gerald J.S. (1993), "Effects of Mass Media Communications on Health and Safety Habits: An Overview of Issues and Evidence," Addiction, 88, 983-996. i Wright, Peter (1986), "Schemer Schema: Consumers' Intuitive Theories About Marketers' Influence Tactics," Advances in Consumer Research, 13, 1-3. Young, Douglas J. (1993), "Alcohol Advertising Bans and Alcohol Abuse: Comment," Journal of Health Economics, 12, 213-228. ATTACHMENT #7' - 1 - STATEMENT OF MICHELLE A. WOLF, Ph.D San Francisco State University Members of the Subcommittee: My name is Michelle Wolf. I am a professor at San Francisco State University. I received my doctorate in Communication Theory from The University of Texas at Austin in 1984. Before joining the faculty at San Francisco State University in 1983, I taught at the University of Texas, and before that at the University of Massachusetts. For the past 18 years, I have been teaching and doing research on the impact of the media on their audiences. I currently teach a large lecture course called "Social Aspects of the Media." One of my areas of specialty has been on the effects of media programming and advertising on children and adolescents. Among other projects, I conducted a ten-month, 20-hour-a-week study of more than 100 children aged 3-12 to look at how they use media for play and other purposes. I have been asked by the Tobacco Institute to talk today about the communications theory premise of the tobacco ordinance your are considering. I'm here to tell you that this ordinance will not help you to achieve your objective of reducing underage smoking. Advertising does not influence children to begin smoking. More than 50 years of research in marketing, consumer behavior, and advertising demonstrates the same conclusion over and over: FRIENDS, PARENTS, & OLDER SIBLINGS are the overwhelming influences on the decision to start smoking and to continue smoking. Cigarette companies advertise for the same reasons that makers of other products advertise -- to gain and hold market share. Cigarette companies advertise to keep their adult customers loyal to their brands, and to get adults who smoke brands made by other companies to smoke their brands instead. Other countries have learned from experience that banning cigarette advertising does not reduce smoking. In many countries that have banned tobacco advertising, smoking rates are higher than they are here, In several countries that have banned tobacco advertising, smoking among young people has actually increased since advertising was banned, while in countries that allow cigarette advertising, underage smoking has gone down, not up. The proposed ordinance cites articles on the "Joe Camel" advertising campaign published by Dr. DiFranza and colleagues in the Dec. 11, 1991 Journal of the American Medical Association. The Federal Trade Commission spent about 3 years looking into the "Joe Camel" advertising and concluded that while many young people recognized Joe Camel as a cartoon character, the evidence was not there to support the conclusion that the advertising caused young children to begin smoking. - 2- Wolf Statement, page 2 of 2 I would call your attention to research published just two months ago by Dr. Joel DUBOW, who examined DiFranza's actual data from the JAMA study. After reviewing Dr. DiFranza's data and methods, Dr. Dubow -- who has received no funding from the tobacco industry -- found "that none of DiFranza's conclusions about the nature of the Joe Camel campaign or its effects on minors can be accepted as valid." The other research cited in the draft -- all of which I have reviewed -- is also flawed and should not be relied upon. I would respectfully call your attention to the many articles and other materials that we are submitting today, which show that the premise underlying the proposed ordinance is not well-founded. Thank you. Respectfully submitted, Michelle A. Wolf O C*-- N E o p o = i 'a N E N L = ED N m AD cu ,w c O O �r•- •LM� 'C Oco E O O SENIOR O o = � �= a Z c ( d � 0) 0 _ .�-+ 0 U) C%. 4) U) U) cos W .E- �, � v, tn oa . : ::: ::: CL c � 0 { : CU �- - y L } 0 0 O ._ d H U CL a) a) Eft o� s 3 a ^' cuL W - N V _ C J O d' L Q. _ N U O C V ® LME m1•J n- a) CD .� N C N .e C N .- (n r Q �+ O }, Z ■ . . C: .. _ 0o CJ LM� o c C� m m 0 -p cr Cn C' CQ' �, -4 :3 �` � 0 - 0 �D 0 N rn m 0 — o " v (� � �. (D ca (D Z v � _. C- Q (D -0 rmlk cD w � � CD y U W . CD 000 G1 o 0 M C: CD c 3 =r0 cD CD x co n N Irt ma V '^ tib'}v A O n' v, OI N �• Op V W Q. Q. �G N n' �D O O v { O (D 0 � y O �D O to O v (C) A N I O T _■ V CL N G7 N CD N V) O fv -a0 �� � a o � �� n C� — a. CD (D n `� O (D (D 0 CD CD v -� _. • � �D ., � �. � —• to =3 C) n cc' �+ D (D �. _ (D = n M C O O. (D O O � 0 CURRICULUM VITAE MICHELLE A. WOLF Professor, Department of Broadcast and Electronic Communication Arts San Francisco State University 1600 Holloway Avenue San Francisco, California 94132 415/338-1344 (office) 826-5373 (home) EDUCATION PhD in Communication/Mass Communication Theory, The University of Texas at Austin, 1984. Dissertation title: How children process the production and narrative conventions of television. MA in Mass Communication Studies, University of Massachusetts at Amherst, 1979. BA in Speech Communication, University of Massachusetts at Amherst, 1974. TEACHING EXPERIENCE Broadcast and Electronic Communication Arts Department, San Francisco State University Undergraduate Courses Taught (1983 to present) Broadcast and Electronic Communication Arts Research Children and Television Senior Seminar in Mass Communication Theory and Research Senior Seminar in Popular Music Subcultures Social Aspects of the Public Media Special Study Supervised Experience in Broadcast and Electronic Communication Arts The Electronic Culture Graduate Courses Taught (1983 to present) Broadcast and Electronic Communication Arts Pedagogy Individual Projects Introduction to Graduate Studies Readings in BCA Seminar in Media and Society Special Study Department of Radio-Television-Film. The University of Texas at Austin Undergraduate Courses Taught (1979-1982) History and Development of Broadcasting Television Criticism The Electronic Culture Continuing Education, University of Massachusetts-Amherst Undergraduate Courses Taught (1974; 1976-1978) Elements of Public Speaking Integrated Communication Skills I Integrated Communication Skills 11 WOLF, page 2 Amherst Regional High School Grades 9-12 Courses Taught (1973-1974) Advanced Public Speaking Argumentation and Debate English Composition Introductory Public Speaking Oral Interpretation PROFESSIONAL ACHIEVEMENT AND GROWTH Publications Henke, L., Wolf., M. A., & Meyer, T. P. (research in progress). Use of advertising logos for socialization. Wolf, M. A. (1996). Media probes (textbook in progress). Newbury Park, CA: Sage. Chadwick, P., & Wolf, M. A. (1994, in press). The mediated sexuality of people with physical disabilities. Anthology on reproductive and sexual rights and disability. Los Angeles, CA:All the People. Kielwasser, A. P., & Wolf, M. A. (1994). Silence, difference, and annihilation: Understanding the impact of mediated heterosexism on high school students. The High School Journal,77 (1 & 2), 59-79. Wolf, M. A., & Kielwasser, A. P. (1993, August). Evaluating the Mi:>sion High School Academic Fellowship Program: A qualitative survey of student particilants. New Ways to Work: San Francisco, CA. Kielwasser, A. P., & Wolf, M. A. (1992). Mainstream television, adolescent homosexuality and significant silence. Critical Studies in Mass Communication, 90) , 350-373. Kielwasser, A. P., & Wolf, M. A. (1992). Straight talk: Heterosexisrn in broadcast education and research. Feedback: Journal of the Broadcast Education Association, 33(1), 6-10. Wolf, M. A., & Kielwasser, A. P. (1991). The body electric: Mass communication and human sexuality. Journal of Homosexuality. 21(1 & 2), 7-18. Wolf, M. A., & Kielwasser, A. P. (Eds.). (1991). Gay people, sex, and the media Binghamton, NY: Haworth/Harrington Park. Kielwasser, A. P., & Wolf, M. A. (1990, October/November). TV guidance: Using program guides to help kids use TV. The Bernal Journal, p. 12. Wolf, M. A. (1990). Journal of Communication. Review of Levy, M. (1990). The VCR age: Home video and mass communication. Newbury Park, CA: Sage. Wolf, M. A., Morris, D., & Kielwasser, A. P. (1989). Factfile #19: 'Resources on children and television. Los Angeles, CA: The American Film Institute. Kielwasser, A. P., & Wolf, M. A. (1989). The appeal of soap opera: An analysis of process and quality in dramatic serial gratifications. Journal of Popular Culture, 23(2), 111-124. Trippe, S., & Wolf, M. A. (1989). Developing community compacts: Roles for private industry councils. Pleasanton, CA: The Industry Education Council of California. Wolf, M. A., & Kielwasser, A. P. (1987, Summer). Our televisions, ourselves. The Children's News, p. 21. WOLF, page 3 Wolf, M. A., & Kielwasser, A. P. (1987, February). Our televisions. ourselves: Some thoughts on children and televised violence. Annual School-Age Child Care and Recreation Conference, Hayward,CA. (ERIC Document Reproduction Service No. ED 281 616) Trippe, S., Moorman, B., & Wolf, M. A. (1986). Opening doors: Part-time employment strategies for youth A practical how-to guide for schools and youth organizations. San Francisco, CA: New Ways to Work. Trippe, S., & Wolf, M. A. (1986). Opening doors: Job-sharing workbook. San Francisco, CA: New Ways to Work. Wolf, M. A. (1986). How children negotiate television. In T. R. Lindlof (Ed.), Natural audiences: Qualitative research of media uses and effects (pp. 58-97). Norwood, NJ: Ablex. Wolf, M. A. (1986). Using non-traditional methods to assess children's understanding of television. In S. Thomas (Ed.), Culture and communication: Methodology. behavior, artifacts, and institutions (pp. 65-79). Norwood, NJ: Ablex. Wolf, M. A., Meyer, T. P., & White, C. (1982). A rules-based study of television's role in the construction of social reality. Journal of Broadcasting, Z6(4), 813-829. Wolf, M. A., Abelman, R., & Hexamer, A. (1981). Children's understanding of television: Some methodological considerations and a question-asking model for receivership skills. In M. Burgoon (Ed.), Communication yearbook 5 (pp. 405- 431). New Brunswick, NJ: Transaction. Wolf, M. A., Hexamer, A., & Meyer, T. P. (1981). Research on children and television: A review of 1980. In M. Burgoon (Ed.), Communication yearbook 5 (pp. 353-368). New Brunswick, NJ: Transaction. Schement, J. R., Meyer, T. P., Wolf, M. A., & Hexamer, A. (1981). The Mexican- American population in San Antonio: Demographic, media, and consumer characteristics. Los Angeles, CA: Grove. Zillmann, D., Williams, B. R., Bryant, J., Boynton, K. R., & Wolf, M. A. (1980). Acquisition of information from educational television programs as a function of differently paced humorous inserts. Journal of Educational Psychology, 72, 170- 180. Conference Papers Wolf, M. A., Houlberg, R., & DeBoer, M. S. (1995, February). The cultivation of female sex roles in network television advertisements. Competitively-selected paper to be presented at the Annual Meeting of the Western States Communication Association, Portland, OR. Kielwasser, A. P., & Wolf, M. A. (1993, April). Heterosexism, homotextualities. and the canonical classroom. Invited paper presented at the Annual Meeting of the Broadcast Education Association, Las Vegas, NV. Chadwick, P., & Wolf, M. A. (1991, June). Love, romance, sex and mediated images of people with physical disabilities. Competitively-selected paper presented at the 4th Annual Meeting of the Society for Disability Studies, Oakland, CA. Kielwasser, A. P., & Wolf, M. A. (1991, February). The sound (and sight) of silence: Notes on television and the communication ecology of adolescent homosexuality. Competitively-selected paper presented at the Annual Meeting of the Western States Communication Association, Phoenix, AZ. (ERIC Document Reproduction Service No. ED 332 242) WOLF, page 4 Kielwasser, A. P., & Wolf, M. A. (1989, May). The limitations of imagining: Social cognition and the effects of mass communication. Competitively-selected paper presented to the Mass Communication Division at the 39th Annual Meeting of the International Communication Association, New Orleans, LA. Kielwasser, A. P., & Wolf, M. A. (1989, February). TV guidance: Using program guides to help kids use TV. Annual School-Age Child Care and Recreation Conference, Hayward, CA. Wolf, M. A., & Kielwasser, A. P. (1989, October). Television fantasy and reality from a child's frame of reference. Competitively-selected paper presented at the 7th International Conference on Culture and Communication, Temple University, Philadelphia, PA. Wolf, M. A., Hecht, J., & Kielwasser, A. P. (1989, October). The intrapersonal uses of music. Competitively-selected paper presented at the 7th International Conference on Culture and Communication, Temple University, Philadelphia, PA. Kielwasser, A. P., Wolf, M. A., & Meyer, T. P. (1989, October). Toward a phenomenological-longitudinal model of media gratification processes. Competitively- selected paper presented at the 7th International Conference on Culture and Communication, Temple University, Philadelphia, PA. (ERIC Document Reproduction Service No. ED 312 720) Kielwasser, A. P., & Wolf, M. A. (1988,May). Thinking about television: Toward a social cognition theory of mass communication. Competitively-selected paper presented to the Mass Communication Division at the 38th Annual Meeting of the International Communication Association, New Orleans, LA. (ERIC, Document Reproduction Service No. ED 312 719) Kielwasser, A. P., & Wolf, M. A. (1988, February). The appeal of soap opera. Competitively-selected paper presented to the Mass Communication Interest Group at the Annual Meeting of the Western Speech Communication Association, San Diego, CA. (ERIC Document Reproduction Service No. ED 312 718) Kielwasser, A. P., & Wolf, M. A. (1987, February). Our televisions. ourselves: Some thoughts on children and televised violence. Annual School-Age Child Care and Recreation Conference, Hayward, CA. (ERIC Document Reproduction Service No. ED 281 616) Wolf, M. A., & Smith, J. (1984, February). An observational analysis of viewer's news perceptions. Competitively-selected paper/panel proposal presented to the Mass Communication Interest Group at the Annual Meeting of the Western Speech Communication Association, Seattle, WA. Wolf, M. A. (1984, June). Writing a qualitative doctoral dissertation. Competitively- selected paper presented to the Mass Communication Division at the 34th Annual Meeting of the International Communication Association, San Francisco, CA. Wolf, M. A. (1984). A qualitative study of how children process thE;production and narrative conventions of television. Unpublished doctoral dissertation, College of Communication, The University of Texas at Austin, Austin, TX. Wolf, M. A. (1983, October). Using non-traditional methods to assess children's understanding of television. Competitively-selected paper presented at the 3rd International Conference on Culture and Communication, Temple University, Philadelphia, PA. Wolf, M. A., & Schement, J. R. (1982, June). Individual versus institutional research: An overview of basic assumptions and appropriate methodologies. Competitively- selected paper presented to the Mass Communication Division at the 32nd Annual Meeting of the International Communication Association, Boston, MA. WOLF, page 5 Wolf, M. A., & Meyer, T, P., & White, C. (1982, June). An ethnomethodological study of television's role in the construction of social reality. Competitively-selected paper presented to the Mass Communication Division at the 32nd Annual Meeting of the International Communication Association, Boston, MA. Wolf, M. A. (1982, June). The role of mental imagery in the child's processing of mediated content. Competitively-selected paper presented to the Mass Communication Division at the 32nd Annual Meeting of the International Communication Association, Boston, MA. Wolf, M. A., & Meyer, T. P. (1981, June). New developments in selective perception and media impact research: A case stuff of M*A*S*H and its audience. Competitively-selected paper presented to the Mass Communication Division at the Annual Meeting of the Speech Communication Association, Minneapolis, MN. Wolf, M. A. (1981, June). Television and mental imagery: Some directions for future research. Competitively-selected paper presented to the Mass Communication Division at the 31st Annual Meeting of the International Communication Association, Minneapolis, MN. Cascallar, E., Weinstein, C. E., & Wolf, M. A. (1981). Effects of imaginal encoding on a paired associate learning task: Variables influencing recall. Competitively-selected paper presented at the Annual Meeting of the Southwest Educational Research Association, Dallas, TX. Wolf, M. A. (1981). Children and television: Some directions for future research. Competitively-selected paper presented to the Mass Communication Division at the Annual Meeting of the Southern States Speech Communication Association, Austin, TX. Wolf, M. A., & Hexamer, A. (1980, June). Children and television commercials: A look at the child's frame of reference. "Top Three" paper presented to the Mass Communication Division at the 30th Annual Meeting of the International Communication Association, Acapulco, Mexico. Hexamer, A., & Wolf, M. A. (1979). Getting students to think about television: Question-asking as a teaching model. Paper presented at a meeting of the National Council of Teachers of English, San Francisco, CA. Workshops, Panels, Symposia Director and Participant. (1994, February). "Pedagogy, Practice and Media Activism," Presented at the Annual Meeting of the Western States Communication Association, San Jose, CA. Participant. (1992, June). "Disenfranchised Subcultures and Mass Communication," Annual Meeting of the American Library Association. Critic. (1989, November). Critique. Presented at the 39th Annual Meeting of the Speech Communication Association, San Francisco, CA. [Panel theme: Mediated Sexual Realities: Sexual Identity and Mass Communication] Moderator. (1989, May). "Television Across National Boundaries: Old Myths and New Approaches," Annual Meeting of the International Communication Association, San Francisco, CA. Director. (1988, June). "Children and Television," The American Film Institute, Los Angeles, CA. Moderator/Participant. (1987, June). "Children and Television Animation," The Art of the Animated Image: The Walter Lantz Conference on Animation, The American Film Institute, Los Angeles, CA. WOLF, page 6 Sponsor. (1979, November). "Cognitive Development in Communication Research: New Approaches," Dimension Series presented at the Annual Meeting of the Speech Communication Association, San Antonio, TX. Participation on Editorial Board and as a Referee/Reviewer Editorial Board Member, Journal of Broadcasting & Electronic Medici, 1991 to present. Manuscript Reviewer, Journal of Broadcasting & Electronic Media, 1989 to present. Manuscript Reviewer, Critical Studies in Mass Communication, 1989 to present. Judge, competitive paper submissions, Mass Communication Interest Group, Western Speech Communication Association, 1989. Textbook Reviewer, A first look at communication theory, McGraw-Mill Book Company, 1988. Editorial Board Member, International and intercultural communication annual. Communicating for peace: Diplomacy and negotiation across cultures, 1989. Judge, competitive theme panels, Mass Communication interest Group, Western Speech Communication Association, 1987. Judge, competitive paper submissions, Mass Communication Division, International Communication Association, 1986. Judge, competitive paper submissions, Mass Communication Division, International Communication Association, 1985. Curricular Innovations BCA 600: Senior Seminar in Mass Communication Theory and Research, Broadcast and Electronic Communication Arts Department (Fall 1993). Media Probes, BCA 422 (Spring 1991). Introduction to Communication Theory, graduate-level New Course Proposal (Fall 1990/Fall 1991). General Education CSED Cluster, University course requirement proposal (Spring 1990). BCA 600: Senior Seminar in Popular Music Subcultures, Broadcast ,and Electronic Communication Arts Department (Spring 1990). BCA 877: Seminar in Broadcast and Electronic Communication Arts Pedagogy, Broadcast and Electronic Communication Arts Department (Spring 1987). BCA 495: Children and Television, Broadcast and Electronic Communication Arts Department (Fall 1986). BCA 221: The Electronic Culture, Broadcast and Electronic Communication Arts Department (Spring 1986). Curricular Enrichment BCA 600-Senior Seminar in Mass Communication Theory and Research„ San Francisco State University, Fall 1993. Lottery Fund Grant for Distinguished Visiting Professor Lecture Series, San Francisco State University, Spring 1990. BCA 600-Social Aspects of Popular Music Subcultures, San Francisco State University, Spring 1990. WOLF, page 7 Technical Operations Supervisor for Cable-TV 35, San Francisco State University, Fall 1985 to Spring 1989. BCA 877/752-Seminar in Broadcast and Electronic Communication Arts Pedagogy, San Francisco State University, Spring 1988. Graduate Student/Faculty Colloquia, San Francisco State University, 1987 to present. Lottery Fund Grant for Distinguished Visiting Professor Lecture Series, San Francisco State University, Spring 1987. BCA 221-The Electronic Culture, San Francisco State University, Spring 1986. BCA 495-Children and Television, San Francisco State University, Fall 1984. Professional Consulting Consultant, Tobacco Institute (July 1995). Consultant, assessment of the Mission High School Academic Fellowship Program (Summer 1993). Consultant, 10-week KPFA-FM radio series, The Communications Revolution (Summer 1990). Consultant, development of training manual for programs established to develop private industry employment opportunities for disadvantaged high school youth who must work (Fall 1989). Editor, development of a series of training manuals and workbooks designed to enhance community/work services for youth (Fall 1986). Professional Affiliations Centre for the Study of Communication and Culture, 1984 to present. NEQTAR, 1984 to present. Union for Democratic Communications, 1983 to present. Western Speech Communication Association, 1980 to present. International Communication Association, 1977 to present. Speech Communication Association, 1977 to present. CONTRIBUTIONS TO CAMPUS AND COMMUNITY COMMUNITY SERVICE Advisory Board Memberships Advisory Board, National Radio Project, Making Contact (national radio program carried on 60+ public radio stations in the United States and Canada), Oakland, CA, 1995 to present. Advisory Council, Children's Media Lab, Oakland Unified Public School District, Oakland, CA, 1989 to present. K-12 Educational Advisory Committee (affiliated with AFI National Education Program Division), The American Film Institute, Los Angeles, CA, 1988 to present. Panels, Workshops and Interviews Lecture/Workshop, "How and What Children Learn About Values and Stereotypes From Television," Gender Equity Council-Marin County Day School, Russ Building, San Francisco, CA, May 1995. WOLF, page 8 Interview, "Children and Values," Forum, KQED-FM, San Francisco, CA, March 1995. Interview, "Children and New Communication Technologies," Forum, KQED-FM, San Francisco, CA, February 1995. Interview, "Children and Censorship of Popular Music," Forum, KQED-FM, San Francisco, CA, June 1994. Interview, "A. Maupin's Tales of the Citv," Forum, KQED-FM, San Francisco, CA, May 1994. Co-Host of Radio Series, Radio Watches Television, KPFA-FM, Berkeley, CA, Fridays from 12:00-1:00 PM, October-December, 1993. Interview, "Television and Family Values," Radio Watches Television, KPFA-FM, Berkeley, CA, January 1993. Interview, "Sex and the Media," Forum, KQED-FM, San Francisco, CA, December 1992. Interview, "Sexuality and the Media," KGO-FM, San Francisco, CA, December 1991. Interview, "Television and Sexual Identity," Radio Watches Television, KPFA-FM, Berkeley, CA, December 1991. Participant, "Turn That Thing Down! How to Turn Popular Entertainment to Your Child's Advantage," Children's Hospital of San Francisco, San Francisco, CA, June 1991. Director, "Taking Control of Television," Bay Area/California School-Age Child Care and Recreation Winter Warm-Up Training Conference, California School-Age Consortium, Diablo Valley College, Pleasant Hill, CA, October 1990. Guest, "Children and TV," Family Talk Radio, KQED-FM, San Francisco, CA, December 1989. Participant, "Images of Nurses on the Television Series Nightingales. "Good Morning Bay Area. KGO-TV, San Francisco, CA, May 1989. Interview, "Innovative Research Methods in Mass Communication, "Radio Watches Television, KPFA-FM, Berkeley, CA, March 1989. Director, "Teaching Children How to Become Critical Television Viewers," 6th Annual School-Age Child Care and Recreation Conference, California School-Age Consortium, Chabot College, Hayward, CA, February 1988. Guest, "Sex on Television, "Radio Watches Television, KPFA-FM, Berkeley, CA, March 1987. Director, "Teaching Critical Television Viewing Skills to Children," 5th Annual School- Age Child Care and Recreation Conference, California School-Age Consortium, Chabot College, Hayward, CA, February 1988. Participant, "Teens, Sexuality and the Mass Media," Planned Parenthood and KGO-TV, San Francisco, CA, February 1987. Director, "How Children Make Sense of Television," 4th Annual School-Age Child Care and Recreation Conference, California School-Age Consortium, Berkeley High School Campus, Berkeley, CA, February 1986. Participant, "Teaching Television in the Broadcast and Electronic Communication Arts Curriculum," ASPACHE Conference, San Francisco State University, San Francisco, CA, August 1983. UNIVERSITY NON-TEACHING ACTIVITIES Committees Minority Student Scholarship Committee, Fall 1992 to present. WOLF, page 9 University Library Committee, School of Creative Arts, Fall 1988 to present. University Leave With Pay Committee, School of Creative Arts, Fall 1989 to Fall 1992; Chair, Spring 1991. Graduate Teaching Assistant Committee, Broadcast and Electronic Communication Arts, Fall 1988 to present. Hiring, Retention and Tenure Committee, Broadcast and Electronic Communication Arts, Fall 1987 to present; Chair, 1989/1990. Graduate Council, Broadcast and Electronic Communication Arts, Spring 1983 to present. Graduate and Undergraduate Academic Advisor, Broadcast and Electronic Communication Arts, Spring 1983 to present. Benjamen K. Draper Award Committee, Broadcast and Electronic Communication Arts, Spring 1984 to present, Chair 1984 to 1992. Department Library Committee, Broadcast and Electronic Communication Arts, Fall 1985 to present. Travel Committee, School of Creative Arts, 1986/1987, 1988/1989. Development Committee, Broadcast and Electronic Communication Arts; Chair, 1988/1989. Curriculum Committee, Broadcast and Electronic Communication Arts, Spring 1983 to Fall 1988; Chair,. Spring 1985 to Spring 1988. Broadcast Industry Conference Steering Committee, Fall 1986 to Fall 1988. Admissions Committee, Broadcast and Electronic Communication Arts, Fall 1984 to Spring 1988; Chair, Fall 1986 to Spring 1988. Graduate Coordinator, Broadcast and Electronic Communication Arts, Spring 1986. Guest Lectures "Social Aspects of the Public Media," BCA 200-Introduction to Broadcast and Electronic Communication Arts, Broadcast and Electronic Communication Arts Department, San Francisco State University, May 1995. "Mass Communication Theory and the New Information Technologies," BECA 390-The Age of Information, Broadcast and Electronic Communication Arts Department, San Francisco State University, February 1995. "Mass Communication Theory and Research," BCA 200-Introduction to Broadcast and Electronic Communication Arts, Broadcast and Electronic Communication Arts Department, San Francisco State University, May 1994. "Maximizing the Learning Outcomes of Public Service Health Announcements," HED 430 Philosophy and Foundations of Community Health Education, School of Health, Education, Recreation, and Leisure Studies, San Francisco State University, Fall and Spring, 1984 to present. "Developing Instructional Goals and Preparing Learning Objectives," BCA 877-Seminar in Pedagogy, Broadcast and Electronic Communication Arts Department, San Francisco State University, March 1989. "Piagetian Theory and Children's Understanding of Television," BCA 425/725-Television Program Planning and Production, Broadcast and Electronic Communication Arts Department, San Francisco State University, February 1989. "How Children Make Sense of the Narrative and Production Conventions of Television," MM 131-History of Mass Media, Mass Media Studies Program, University of San Francisco, Spring 1988. WOLF, page 10 "Positive Uses of Television as a Learning Medium," SE 651-Seminar in Secondary Education, Education Department, San Francisco State University, November 1986. "Integrating Critical TV Viewing Into High School Curricula," SE 651-Seminar in Secondary Education, Education Department, San Francisco State University, November 1986. "How Children Make Sense of Television," BCA 201-Life on Television, Broadcast and Electronic Communication Arts Department, San Francisco State University, November 1986. Sponsorship of Student Organizations Faculty Advisor, Alpha Phi Sorority, Fall 1989 to present. Faculty Advisor, College Students In Broadcasting, Fall 1984 to Spring 1990. Participation on Panels and Workshops Moderator, "Racial Images and the Mass Media," National Asian American Telecommunications Association/Annual Broadcast Industry Conference, San Francisco State University, May 1990. Moderator, "A Nightmare on Elm Street: Teens and Terror Programming," Annual Broadcast Industry Conference, San Francisco State University, April 1989. Moderator, "Alternatives to Commercial Broadcasting: Life Outside the Mainstream," Sponsored by American Women in Radio and Television, Annual Broadcast Industry Conference, San Francisco State University, April 1989. Moderator, "Broadcasting Internships," Sponsored by the Career Center, San Francisco State University, April 1988. Director, "Developing Resumes for Employment Positions in the Electronic Communication Industry," College Students in Broadcasting, San Francisco State University, December 1987 and Spring 1988. Sponsor/Moderator, "Children and TV Ads," Annual Broadcast Industry Conference, San Francisco State University, April 1988. Moderator, "Bi-Racial Families and the Media," Annual Broadcast Industry Conference, San Francisco State University, April 1988. Participant, "Outrageous: Meanings in Commercials," Annual Broadcast Industry Conference, San Francisco State University, May 1987. Sponsor/Moderator, "The Status and Role of Minorities in Media," Annual Broadcast Industry Conference, San Francisco State University, May 1987. Moderator, "Women on Television," Annual Broadcast Industry Conference-, San Francisco State University, May 1986. Participant, "Ideas Forum," School of Creative Arts, San Francisco State University, April 1986. Participant, "Teaching Television in the Broadcast and Electronic Communication Arts Curriculum," ASPACHE Conference, San Francisco State University, August 1983. Moderator, "Alternative Images of Women on Television: The Case of Cagney and Lacey." Annual Broadcast Industry Conference, San Francisco State University, April 1983. HONORS and AWARDS 1994 Sabbatical Leave With Pay, San Francisco State University. 1993 Outstanding Published Article, Organization and Society for Communication, Language and Gender. WOLF, page 1 1 1993 California State Faculty Development Grant, San Francisco State University. 1990 Meritorious Professional Performance and Promise Award, San Francisco State University. 1989 California State Lottery grant for Distinguished Visiting Scholar Series, San Francisco State University. 1988 Meritorious Professional Performance and Promise Award, San Francisco State University. 1987 Meritorious Professional Performance and Promise Award, San Francisco State University. 1986 Meritorious Professional Performance and Promise Award, San Francisco State University. 1986 California State Lottery grant for Distinguished Visiting Scholar Series, San Francisco State University. 1986 California State Faculty Development Grant, San Francisco State University. 1984 Affirmative Action Development Grant, San Francisco State University. 1982 Graduate Student Scholarship, The University of Texas at Austin. 1981+ Phi Kappa Phi Honorary Society. 1981 Graduate Student Professional Development Award, The University of Texas at Austin. 1981 University Fellowship, The University of Texas at Austin. 1981 Top Student Conference Paper, International Communication Association, Minneapolis, Minnesota. 1980 Graduate Student Professional Development Award, The University of Texas at Austin. 1980 Graduate Student Research Grant, The University of Texas at Austin. 1980 Top Student Conference Paper, International Communication Association, Acapulco, Mexico. 1979 Austin Parks and Recreation Department Grant, Critical Television Viewing Skills Program, Austin, Texas. 1979 , Professional Development Travel Grant, The University of Texas at Austin. 1970-1974 Academic Excellence Award, National Council of Jewish Women, Springfield, Massachusetts. 1970-1974 William C. Hill Academic Excellence Award, Springfield, Massachusetts. CSS CONCORD ID :510-825-0942 JUL 14 ' 95 12 :0-0 No . 002 P .02 COMMERCIAL SUPPORT SERVICES Concord l acilily 1115 Mitsuo Circlr%Suite E Concord,CA 94520 • (51(11825-5665 July 14 , 1995 ATTACHMENT #8 Board of Supervisors, Contra Costa County: Contra Costa ARC has been cleaning and maintaining County Connection bus shelters for Gannett Outdoor since ,7anuary 1995. Contra Costa ARC .is the largest employer of adults with developmental disabili- ties in Contra Costa County. Gannett Otitdoor wished to offer this project to .a human services agency and so provided us with the op-- portunity. Currently, four of our program participants are employed cleaning and maintaining approximately eighty shelters from Martinez to San Ramon. This project has added a valuable source of pride and accomplishment, as well as income, to the lives of the four individuals employed. It is one of our most successful work programs. We are hopeful that, as Gannett is allowed to fulfill the potential of the contract with CCCTA, it will result in our ability to employ more of our participants in this very community-integrated and productive work. Sincerely, David Duart Program Director Contra Costa Association for Retarded Citizens (ARC) Commercial.Support Services is an operation of the Contra Costa Association (or Retarded Citizens MAA Goes ATTACK'= #9 American Association of Advertising Agencies, Inc.,130 Battery Street,Suite 330, San Francisco, California 1 • (415)291-4999 Western Region Re: Prohibition of billboard advertising near schools Contra Costa County Board of Supervisors, Martinez, California Testimony given by Arnie Freeman, American Association of Advertising Agencies July 17, 1995 Good morning. I'm Arnie Freeman, Vice President of the Western Region of the American Association of Advertising Agencies. The American Association of Advertising Agencies is the national trade association for advertising agencies, representing over 600 agencies who place about seventy-five percent of all national advertising being placed through advertising agencies. Our Western headquarters are located in San Francisco, representing more than one hundred-fifty advertising agencies in California. Over thirty thousand Californians are employed directly by advertising agencies. And over one hundred thousand are employed in allied industries -- such as printers, typesetters, artists, photographers, musicians, editors, camera operators, and so forth. I am here today, on behalf of the advertising agency industry, to express opposition to the proposed ordinance that would further restrict billboard advertising. I am not here today to argue the merits of tobacco or of alcoholic beverages. I'd like to begin by pointing out what this proposed ordinance is not: It does not further prohibit the manufacture, sale and use of tobacco or alcohol. This proposal is not directed at therop ducts. Rather, it is a prohibition against the act of advertising. It is a prohibition against advertising legal products. This proposed ordinance does further prohibit the act of communicating. It is an infringement on the freedom of commercial speech. Let us clearly separate the two issues that have mistakenly been interwoven as one. Cigarettes, cigars, wine and beer are tangible products. Advertising is a form of communication. I urge you and your colleagues to study this problem thoroughly before attempting to ban or restrict the advertising of legal products. Our industry does not take sides in the debate over the legality of a product. This is strictly a public policy matter. We believe that as long as a product can be legally consumed in this country, advertisers have a legitimate option to create and produce advertising on its behalf. The U.S. Constitution and the Supreme Court have re-affirmed time and time again the First Amendment protection of commercial free speech. Such speech is protected whether it occurs in print, broadcast form or on billboards. Attempts to prohibit or limit advertising of legal products risk serious and costly legal consequences. I emphasize again. Tobacco and alcohol are legal products. And commercial speech about such products is protected by the First Amendment. Please do not support this prohibition against the act of communicating. Thank you for this opportunity to present our view of the proposed ordinance, and thank you for your attention. Headquarters:666 Third Avenue, New York, N.Y. 10017 •(212)682-2500 TEL No; Jul 23,95 9:20 No -002 P .01 ATTACHMENT #10 American Association of Advertising Agerdes,Inc..130$angry Street,Suite 334,Sari Francisco,CalifofNa 94 111 •(415)291-4999 July 11, 1995 Western Reglon Supervisor Gayle Bishop,District 3 18 Crow Canyon Court, Suite 120 `�' San Ramon, CA 94583 JUL ;3,5 Dear Supervisor Bishop, I am writing on behalf of the members of the American Association of Advertising Agencies who live and work in the San Francisco area We Have mious coned s about the public meeting scheduled on July 17, and about the proposed ordinances that restrict the outdoor advertising of alcohol and tobacco products. Please include this letter as part of the meeting record_ Advertising is a highly visible part of today's society and as such is susceptible to attacks. However, I urge you and your colleagues to study this problem thoroughly before attempting to ban or restrict the advertising of legal products. Our industry did not invent tobacco or alcohol,nor does it take side in the debate over the legality of either product- This is strictly a public policy matter. We believe that as long as a product can be legally consumed in this country,advertisers have a legitimate option to create and produce truthful advertising on its behalf. The U.S. Constitution and the Supreme Court have ro-affirmed time and time again the protection of commercial free speech. Such speech is protected whether it occurs in print,broadcast,or billboard form. Moreover, attempts to prohibit or limit advertising,of legal products risk serious legal consequences. Two cash are now pending in the City of Baltimore which could have far reaching implications for all local government attempting to restrict outdoor advertising. The Baltimore City Council has already spent many thousands of dollars to defend the ordinances and more litigation can be expected should the court refer the case back for further court action,as many court observers Predict. I emphasize again. Tobacco and a rte ire 9cga1`products. And truthful commercial speech about such a product is protected by the First Amendment. As long as these two assumptions pertain, such advertising cannot be legally banned. Sincerely, Post4V brand tax transmittal memo 7671 ar page a► 7b FPOIN Co. Co. Jer L. bons ' `hone 0 FSK FSK Headquarters,666 Third Avenue,New York,N.Y. 10017•(212)682-25M