johnnymk
07-25-2003, 06:08 AM
By Jeff McKay
CNSNews.com Correspondent
July 25, 2003
New York City (CNSNews.com) - Smokers are fighting back against New York's stringent, new smoking ban, which takes effect Thursday, by launching two lawsuits in an attempt to reduce to ashes the ban critics call unconstitutional and discriminatory against smokers.
In March, Republican Gov. George Pataki signed into law a smoking ban that mirrored New York City's prohibition on smoking in public places, including restaurants and bars. The new law would place New York alongside California and Delaware as states with the nation's toughest anti-smoking laws.
Pataki signed the bill into law after the measure was approved by the GOP-led Senate 57-4 and the Democrat-dominated Assembly 96-44.
Now, the Empire State Restaurant and Tavern Association, which claims that 85 percent of its restaurant and bar patrons smoke, has filed suit seeking a temporary injunction against a law.
Among their arguments is the claim that the Occupational Safety and Health Act currently regulates a worker's exposure to components in secondhand smoke, meaning the New York law would supersede federal law.
The New York City Citizens Lobbying Against Smoker Harassment (NYC CLASH) has also filed suit, claiming the law is discriminatory in nature.
"This law obviously discriminates against smokers," said Audrey Silk, founder of NYC CLASH. "The people who smoke seem to have been forgotten, and this lawsuit is a chance for the people to be heard."
Under the new statewide law, smoking is prohibited in all places of employment and commerce, including restaurants, bars, public transportation centers, taxis, state-owned vehicles, schools and school grounds, indoor arenas and bingo facilities other than those located on Indian reservations.
Employers would also not be allowed to provide workers smoking break rooms since that would violate the indoor ban.
Penalties for violations by bar and restaurant owners along with commerce establishments would begin at $1,000 per violation, per day.
Smoking will continue to be allowed in privately owned cars, private homes, outdoor stadiums in designated areas only and designated hotel and motel rooms.
Outdoor areas of restaurants where there is no roof can set aside 25 percent of their outdoor space for smokers, and cigar bars established before Jan. 1 where tobacco products account for at least 10 percent of sales may have a smoking area.
Proponents of the ban believe it will protect patrons and employees of establishments from secondhand smoke.
Since Pataki first signed the bill, business owners have shown displeasure with a law they claim with drive customers from their establishments. Recently, storeowners who have lottery machines turned their machines off in a coordinated show of unity against the smoking ban.
Lottery officials report that the "Quick Draw" protests, named after the lottery game, cost the state over $1 million in lottery ticket sales.
In upstate New York, where bingo is popular, critics expect bingo halls will lose 20 to 30 percent of their business when the ban goes into effect.
Anti-smoking activists dismissed the arguments of smokers and their lawsuit. "Their (Empire State Restaurant and Tavern Association) suit is groundless. The law will stand. If anything, this is simply a public relations exercise," said Russell Sciandra of the Center for a Tobacco Free New York.
Manhattan Assemblyman Alexander Grannis, who sponsored the law, was unavailable for comment.
In Manhattan, where the ban is already in place, reaction is mixed to a statewide ban.
"It really doesn't bother me. I have no problem with smoking outside here or anywhere else," said Christine Lassiter of Manhattan. "I can understand that nonsmokers don't like the smoke. I smoke because I like to."
"I don't go out as much as I used to. If I can't smoke where I spend my money, then why should I go there," asked Alex Maldonado. "I think the ban is wrong. Telling us where we can and cannot smoke is wrong. This is not what our country's about. What's next...no smoking in your own bedroom?"
CNSNews.com Correspondent
July 25, 2003
New York City (CNSNews.com) - Smokers are fighting back against New York's stringent, new smoking ban, which takes effect Thursday, by launching two lawsuits in an attempt to reduce to ashes the ban critics call unconstitutional and discriminatory against smokers.
In March, Republican Gov. George Pataki signed into law a smoking ban that mirrored New York City's prohibition on smoking in public places, including restaurants and bars. The new law would place New York alongside California and Delaware as states with the nation's toughest anti-smoking laws.
Pataki signed the bill into law after the measure was approved by the GOP-led Senate 57-4 and the Democrat-dominated Assembly 96-44.
Now, the Empire State Restaurant and Tavern Association, which claims that 85 percent of its restaurant and bar patrons smoke, has filed suit seeking a temporary injunction against a law.
Among their arguments is the claim that the Occupational Safety and Health Act currently regulates a worker's exposure to components in secondhand smoke, meaning the New York law would supersede federal law.
The New York City Citizens Lobbying Against Smoker Harassment (NYC CLASH) has also filed suit, claiming the law is discriminatory in nature.
"This law obviously discriminates against smokers," said Audrey Silk, founder of NYC CLASH. "The people who smoke seem to have been forgotten, and this lawsuit is a chance for the people to be heard."
Under the new statewide law, smoking is prohibited in all places of employment and commerce, including restaurants, bars, public transportation centers, taxis, state-owned vehicles, schools and school grounds, indoor arenas and bingo facilities other than those located on Indian reservations.
Employers would also not be allowed to provide workers smoking break rooms since that would violate the indoor ban.
Penalties for violations by bar and restaurant owners along with commerce establishments would begin at $1,000 per violation, per day.
Smoking will continue to be allowed in privately owned cars, private homes, outdoor stadiums in designated areas only and designated hotel and motel rooms.
Outdoor areas of restaurants where there is no roof can set aside 25 percent of their outdoor space for smokers, and cigar bars established before Jan. 1 where tobacco products account for at least 10 percent of sales may have a smoking area.
Proponents of the ban believe it will protect patrons and employees of establishments from secondhand smoke.
Since Pataki first signed the bill, business owners have shown displeasure with a law they claim with drive customers from their establishments. Recently, storeowners who have lottery machines turned their machines off in a coordinated show of unity against the smoking ban.
Lottery officials report that the "Quick Draw" protests, named after the lottery game, cost the state over $1 million in lottery ticket sales.
In upstate New York, where bingo is popular, critics expect bingo halls will lose 20 to 30 percent of their business when the ban goes into effect.
Anti-smoking activists dismissed the arguments of smokers and their lawsuit. "Their (Empire State Restaurant and Tavern Association) suit is groundless. The law will stand. If anything, this is simply a public relations exercise," said Russell Sciandra of the Center for a Tobacco Free New York.
Manhattan Assemblyman Alexander Grannis, who sponsored the law, was unavailable for comment.
In Manhattan, where the ban is already in place, reaction is mixed to a statewide ban.
"It really doesn't bother me. I have no problem with smoking outside here or anywhere else," said Christine Lassiter of Manhattan. "I can understand that nonsmokers don't like the smoke. I smoke because I like to."
"I don't go out as much as I used to. If I can't smoke where I spend my money, then why should I go there," asked Alex Maldonado. "I think the ban is wrong. Telling us where we can and cannot smoke is wrong. This is not what our country's about. What's next...no smoking in your own bedroom?"