NYC Mayor Michael Bloomberg is trying to pass legislation to provide a smokefree workplace for ALL workers and a level playing field for ALL businesses.  His proposal would eliminate smoking in ALL indoor workplaces outside of the home.

 

Although NYC Council Speaker Gifford Miller has not made his position public, it is widely reported that he is considering some amendments to weaken the Mayor's proposal.

 

The most dangerous amendment that the Speaker is considering would exempt certain restaurants and bars which sell cigars.  The reason that this amendment is so dangerous is that restaurants and bars which do NOT sell cigars are going to file suit (probably financed by Philip Morris).  Such a lawsuit will risk tying up portions of Intro. 256 for months, and in the end, the City will likely lose.  It is doubtful that the City can legally exempt one type of tobacco (i.e. cigars) and not others (i.e. cigarettes and pipes).  The alternative is to exempt all restaurants and bars which sell any type of tobacco.  This would obviously be a giant loophole that would gut Intro. 256.

 

The second amendment that the Speaker is considering would allow smoking rooms in restaurants and bars.  There are 6 reasons why smoking rooms are a bad idea:  1) Only some businesses can afford them which creates an unlevel playing field.  2) Smoking rooms don't work.  The smoky air gets recirculated to other areas-- through the vents and when the door is opened.   3) Smokers walk out with lit cigarettes or light them before going in.  4) Compliance and enforcement are difficult.  5) Cleaning workers have to breathe the smoke and handle the debris.   6) Smoking rooms destroy the simple idea behind smokefree workplace legislation, which is that it's easy to understand, easy to implement, and easy to enforce. 

 

The idea of bending over backwards to accommodate smoking is wrong.  Clean air is a good thing.  Polluted air is a bad thing.  If people want to smoke, great for them.  But they should do it where they aren't harming anyone else. 

 

The courageous thing for Speaker Miller to do now would be to say something like, "I've been trying to find some type of amendment to the Mayor's proposal that would allow smoking without hurting workers, but it's just not possible.  Therefore, I support the Mayor's proposal, and I will work to pass it as quickly as possible."

 

If the Speaker would support the Mayor's proposal and stop trying to weaken it, he would show a degree of maturity and leadership that would serve his political career well.  The next hearing on Intro. 256 has been scheduled for November 12, and a final bill will almost certainly be passed before year end.

 

If you have ties to New York (live there, work there, vacation there, etc.) and want to send a letter to the Speaker, go to www.smokefree.org/nyc

 

All the best,

 

Joe

 

Joseph W. Cherner, President
SmokeFree Educational Services, Inc.
http://www.smokefree.org

 

"Never doubt that a small group of thoughtful citizens can change the world.  Indeed, it's the only thing that ever has."       Margaret Mead