Clean City, Clean Air
by: Diana Nikkah

New York City has long been known as the "city that never sleeps," but much of the city's nightlife character is slowly diminishing, from the shutdown of the peep shows in Times Square to the gentrification of the once seedy East Village. For all the nostalgic people sorry to see them go, there are many more that have always seen them more as character flaws, and are overjoyed at their disappearance. The latest action toward improvement is led by Mayor Bloomberg and his move to turn the city's bars and clubs into a smoke-free edens where people can work and play in a healthy, toxic air-free environment. The law's been passed and takes effect at the end of the month. But how did we get here and by what good fortune?

Mayor Giuliani liked to leave his stamp on things, and quality of life issues were high on his list. On January 10, 1995, he signed into law the prohibition of smoking in most public spaces, specifically restaurants, workplaces, schools and sports areas. Of course bars and clubs were spared; separate smoking sections were permitted as long as they met certain specifications; and smoking at restaurant bars stayed kosher. Also exempted were restaurants with seating of 35 or less. Business owners and smokers griped and moaned at the time, but ever since the law took affect on April 10, 1995, New Yorkers have been enjoying meals out without the smoke of a neighbor's cigarette wafting toward them and their dinner. And the smokers of the city have had to choose between frequenting the smaller restaurants where smoking is still permitted, being served their meal at the bar, or opting for take-out.

Fast forward to 2002. Rudy's out, Mike's in. Continuing with the ever popular quality of life issues, Mayor Bloomberg decided to amend Giuliani's Smoke-Free Air Act and take it a step further. A confessed former smoker himself, Bloomberg, the City Council and the Department of Health were all in agreement that the lives of thousands of New Yorkers were at risk due to the harmful effects of second-hand smoke, and that no smoking should take place virtually anywhere. So on December 30, 2002, the mayor signed Local Law 47, which reflects the changes. But since the amendments are so substantial, a "repeal and reenactment" is required for the Department of Health to be able to implement and enforce the changes. That is slated to occur at 9:30am on Friday, March 7th at a hearing at 125 Worth St.

The legality of this manner of amending an act is questionable to some legal scholars, but considering the popularity of the move, and that fact that about 75 percent of New Yorkers are non-smokers, little opposition is expected. No City Council members have spoken out against the changes either. So the fact remains that despite this last legal step, come March 30th, Giuliani's law will encompass all bars and restaurants, including certain outdoor areas as well.

On February 5th, a debate on the new law was held by NPR's "Justice Talking" program. Representing the pro-ban side was Joseph Cherner, president of SmokeFree Educational Services, Inc. and founder of B.R.E.A.T.H.E. (Bar and Restaurant Employees Advocating Together for a Healthy Environment). Cherner adamantly argued that this issue was about the health rights of employees, as well as non-smoking patrons, and cited various scientific studies charting the harmful effects of second-hand smoke. One is from the Centers for Disease Control and Prevention: "Tobacco use, particularly cigarette smoking, is the leading preventable cause of death in the United States, but the health consequences extend beyond smokers to nonsmokers involuntarily exposed to environmental tobacco smoke or secondhand smoke (SHS). Each year, an estimated 3,000 lung cancer deaths and 62,000 deaths from coronary heart disease in adult nonsmokers are attributed to SHS. Among children, SHS causes sudden infant death syndrome, low birthweight, chronic middle ear infections, and respiratory illnesses (e.g., asthma, bronchitis, and pneumonia)."

Jacob Sullum, Senior Editor of Reason magazine, represented the anti-ban side and saw the issue as an attack on property rights, as well as an infringement on civil liberties. In an article for Reason he wrote, "The main point of his smoking ban… is to make the habit less convenient and less socially acceptable, thereby encouraging smokers to quit." Sullum also referred to the over 1000 percent increase in the cigarette tax by Bloomberg as a tactic to make smoking financially prohibitive and less socially acceptable.

The main point made by Sullum and others opposing the ban is that city government shouldn't tell business owners what to do and how to conduct themselves. Sullum said he prefered that the owner of the bar or restaurant choose whether to be smoke-free or not, letting the patrons and the market influence the decision. He also questioned the findings of referenced studies about the effects of second-hand smoke. Cherner, to whom the New York City Department of Health and Mental Hygiene's awarded their Annual Award for Excellence, argued that bartenders and cocktail waiters and waitresses are being poisoned by the second-hand smoke. He feels that since those employees are usually confined to jobs in the service industry due to limited education, the need for night jobs to pay for school in the day, etc., it would be difficult for them to chose not to work in a smoky environment and find work elsewhere.

He and the city government, as well as the health department, feel the health risks are so great and the consequences so marginal that amending the smoking ban to include bars and clubs is the perfect solution to keep New Yorkers healthy. Non-smokers are thrilled, as are some smokers who have been trying to quit and are looking forward to being forced not to smoke.

One smoker is unhappy about the ban, but plans to quit before March 30th. "I'm going to beat them to the punch," said 31-year-old Leah Furman. A smoker for 13 years, she sees the ban as a good incentive to quit, something she's tried unsuccessfully on her own many times. "If you can't beat 'em, join 'em," she said optimistically. That mentality is quite popular among those smokers who aren't die-hard. They see this ban as something to help them help themselves.

Non-smokers are expectedly happy. "I'm delighted," said 31-year-old Tom Buchanan, originally from New Zealand. "I don't like coming home smelling like cigarettes," he said, and added he finds the argument for protecting non-smoking employees compelling. Buchanan hopes his girlfriend, who has been trying to quit smoking, will be aided by the ban and said, "it's hardest to quit when you're out drinking."

For business owners, smokers, and those who simply don't want the government to tell them what to do, Sunday, March 30th will be a landmark day of decisions. New Yorkers will have to decide whether to enforce the ban, obey the ban, or rise up to try to repeal the ban. Three weeks and counting…

-30-