Business owners raise opposition to smoking ban

On March 30, 2003, one of the nations toughest anti-smoking laws will go into effect. New York City will join cities such as El Paso, Texas and several other municipalities, and states including California in its ban on smoking in nearly every public space. The few exceptions include cigar bars, private clubs, specially ventilated rooms in bars that employees do not enter and places without employees such as American Legion halls. Bars owned and run by their owners are also exempt as long as there are no employees.

The smoking ban, which is designed to protect the health of employees, has been greeted with a great deal of opposition by bar, restaurant and club owners, who fear the new laws will drive down their revenues and put them out of business.

Defending his position, New York City Mayor Michael Bloomberg compared the effects of second hand smoke to those of asbestos. "No employer would allow their [sic] employees to work in a place with asbestos in the air," he said. "This is just as dangerous and that's why we should stop it now."

Bloomberg went further, anticipating this new legislation could save as many as 1,000 lives per year. This new law comes on the heels of Bloomberg's tax hike on cigarettes, which in some cases raised the prices to over $7.

Senior Robert F. welcomes this new legislation saying, "It will be nice to go out at night and not come home smelling like a smoke stack."

On the New York City Smoke Ring website, the law is referred to as "The New York City Smoker Free Act of 2002." The bill is considered "the complete and utter exile of smokers within the borders of New York City."

Though a similar law was passed by Bloomberg's predecessor, Rudolph Giuliani, which banned smoking in restaurants with more than 35 seats, Bloomberg's legislation includes a far wider range of establishments including catering halls, floating crafts, outdoor dining areas of restaurants, vehicles occupied by more than one person, etc.

Airports, which are also included in this legislation, have raised questions of jurisdiction, leading many smokers to question the validity of New York City imposing its laws on an international airport. Currently, Kennedy airport has an enclosed smoking room and LaGuardia allows smoking in their bars.

When California's smoking ban first went into effect on New Years Day, 1998, the law proved to be difficult if not impossible to get Californians to follow. Though the law is being better followed now, according to one California resident, it is not uncommon to see someone smoking in a bar.

Those found to be in violation of New York City's smoking ban will, for a first violation, face a civil penalty of no less than $200 but no more than $400, a second offense committed in less than a 12 month period will carry a penalty ranging from $500-$1000, a third violation occurring in the same time frame carries a fine of $1000-$2000.

Questions regarding enforcement of these laws have remained somewhat unanswered. One thing is for sure, many bar and club owners, as well as smokers, plan to grossly violate this law in protest of what they see as an overbearing, isolating law.