New York Smoking Ban upheld

[djg21]

In a decision dated October 21, 2003, Judge Lawrence E. Kahn, of the United States District Court for the Northern District of New York, denied the application of the Empire State Restaurant and Tavern Association ("ESRTA") for a preliminary injunction enjoining the enforcement of New York's Chapter 13 of the Laws of 2003, which amended the New York Clean Indoor Air Act ("CIAA"), Ch. 244, of the Laws of 1989. The CIAA, as amended, prohibits smoking in a number of public places, including, most importantly, bars, restaurants and food service establishments.

In his decision, Judge Kahn held that ESRTA did not establish a likelihood of success on the merits, and therefore was not entitled to injunctive relief. Specifically, Judge Kahn held that the Amendments to the CIAA were neither pre-empted by current federal regulation, and specifically OSHA, nor unconstitutionally vague.

In light of the procedural posture of the action, and Judge Kahn's holding that there is not a likelihood of ERTSA succeeding on the merits, ERTSA is unlikely to continue with the litigation. More importantly, the smoking ban will continue to be enforced.

Here is a link to the decision, from Courtweb:

http://www.nysd.uscourts.gov/courtweb/pdf/D02NYNC/03-08565.PDF

[spindoctor]

1. Understanding the law

Since when are bars, restaurants and food service establishments considered public places? Last time I checked all of the above reserve the right to refuse customers, prodominantly based on the _owner's_ judgement in casu.

Smoking decissions should be left up to the establishment owners. It's the liberal thing to do :)

If I can't understand the law, how am I supposed to obide it?

[SoCalDem]

2. They frame it here as a "workplace issue"

because they know that is bars/restarants were allowed to be "smoking or non-smoking" , some would lose business, disproportionately..

There were lots of bars here where EVERYONE was a smoker..owner,manager, staff, customers, yet they too were forced to become non-smoking..

It's all so disingenuous,.. The govt wants to finance almost everything with tobacco taxes, yet they demonize the people who use that legal product.. They know it's not good for people, yet they continue govt subsidies to those who grow it...

They are afraid to do what needs to be done.. BAN it.. They know it would not work, so they demonize and glorify it all at the same time..