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New York City: Smokers Fight To Reclaim Their Rights
Brooklyn Skyline ^ | 10 February 2003 | Dan McLean

Posted on 02/11/2003 6:17:48 AM PST by SheLion

Two state legislators have teamed up to ban smoking across the state of New York and that’s not pleasing Audrey Silk, a local smokers’ rights champion.

Silk, the founder of the Brooklyn-based Citizens Lobby Against Smoking Harassment (CLASH), is a visible fighter against the growing tide of legislation, which Silk says discriminates against smokers.

She has fought many battles, but lost all her recent fights. Despite her objections, both the state and the city raised taxes on cigarettes — making New York City one of the most expensive places in the world to buy a pack of smokes. She also fought Mayor Michael Bloomberg’s successful efforts to ban smoking in nearly every bar, bowling alley, bingo parlor and restaurant in New York City.

But Silk has not slowed down and does not think the fight is over.

“There is no such thing as giving up hope — that [the law] can’t be amended, that it can’t be repealed,” Silk said, noting that Delaware is revoking a portion of their no-smoking laws.

Silk has begun her statewide battle by encouraging members to write to their state senators and assemblymen. About half of the legislators, she said, already know the name Audrey Silk and she is ready to make sure the other half know her as well.

Marty Golden, Bensonhurst’s former city councilman who was recently elected to the state Senate, is one of Silk’s favorite politicians.

“My senator is now Marty Golden. Hooray! He’s on our side,” she said over the phone last Thursday.

As councilman, Golden voted against the mayor’s broad extension of the smoking ban.

Silk is counting on Golden to stand up for the rights of smokers, should legislation banning smoking ever reach the Senate floor.

The campaign to ban smoking in bars and restaurants statewide has gained a powerful ally, the New York State Restaurant Association. But the motivation is not concern for workers inhaling second-hand smoke, as Bloomberg argued. It’s being pushed to create an even playing field for restaurants who have to deal with a potpourri of county laws.

According to the Restaurant Association, in the past six months more than 10 counties have introduced legislation to ban smoking in all workplaces — including restaurants, bars, taverns and private clubs.

Nassau County’s law will take effect first, on March 1. New York City will not be far behind. On March 30, smoking a cigarette in a city bar will be banned.

The New York State Restaurant Association, according to Silk, represents the larger restaurants and “has turned tail and joined the enemy.”

They now support strengthened no-smoking laws to prevent customers from traveling to bars and restaurants in the next county to dodge strict no-smoker rules.

“Our fear,” the Restaurant Association states in their February legislative update, “is that the state Legislature will exempt private clubs and taverns. We believe this would create an unlevel playing field that would be highly detrimental to our members.”

In their recent resolution, the Restaurant Association said “dealing with this issue on the local level would result in a ‘patchwork quilt’ of regulations that would create an unfair competitive situation for our members.”

Silk notes that the association’s reasons are based on finances and profit margins, not health reasons.

“The places that allow smoking are making more money — absolutely,” Silk said. “Why else would they be calling for a ‘level playing field?’”

The Empire State Restaurant and Tavern Association, who represents the smaller businesses, is still standing with Silk and her pro-smoking group.

Silk is encouraging her followers to boycott all establishments that do not allow smoking and those which haven’t defended New Yorkers’ right to smoke.

“These people [bar and restaurant owners] need to wake up,” she said. “If they are not going to help fight for the customers they want to serve, then we’re not going to go and help them. If you are not accommodated, don’t drink there, don’t eat there.”

On March 30, Silk and CLASH have planned an event across the harbor in Hoboken, NJ. The message, according to Silk, is “Good Bye, New York City, we’re taking our money somewhere else.”

CLASH has 250 members, Silk said, and the group’s website receives around 2,500 hits per day.

Assemblyman Peter Grannis, a Manhattan Democrat, and state Senator Charles Fuschillo, a Long Island Republican, are the legislators who have introduced the bill.


TOPICS: Activism/Chapters; Culture/Society; Government; US: New York
KEYWORDS: antismokers; bans; butts; cigarettes; individualliberty; niconazis; prohibitionists; pufflist; smokingbans; taxes; tobacco

1 posted on 02/11/2003 6:17:48 AM PST by SheLion
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To: *puff_list; Just another Joe; Great Dane; Max McGarrity; Tumbleweed_Connection; Madame Dufarge; ...
On March 30, Silk and CLASH have planned an event across the harbor in Hoboken, NJ. The message, according to Silk, is “Good Bye, New York City, we’re taking our money somewhere else.”
2 posted on 02/11/2003 6:18:40 AM PST by SheLion
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To: SheLion
A level playingfield is in my book a way of saying, "We are prepared to loose business, as long as we all loose equally."
3 posted on 02/11/2003 8:33:24 AM PST by Great Dane
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To: Great Dane
A level playingfield is in my book a way of saying, "We are prepared to loose business, as long as we all loose equally."

Yes! And then they can CRY all the way to the bank!

4 posted on 02/11/2003 8:40:49 AM PST by SheLion
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To: SheLion
And then they can CRY all the way to the bank!

The big chains will only cry for a limited time.
After all the small independants go under, many of the former customers of these will still eat out somewhere.
Guess what the only game in town is now? You got it, the chains.

5 posted on 02/11/2003 8:54:17 AM PST by Just another Joe
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To: SheLion
Love your Bloomberg loser pic. As for the smoking ban issue, the thing that is the most despicable is that they are incrementally making cigarettes illegal without fighting the real battle. If they attempted a genuine abolition, they'd lose.

Bloomberg seems to me to be a playboy billionaire who gives real Republicans a bad name.

6 posted on 02/11/2003 8:54:17 AM PST by arasina ("Throw the Good Book at 'em!")
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To: SheLion
their website: http://www.nycclash.com/
7 posted on 02/11/2003 8:59:33 AM PST by 1Old Pro
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To: Just another Joe
After all the small independants go under, many of the former customers of these will still eat out somewhere. Guess what the only game in town is now? You got it, the chains.

Well, that's ok. Still makes me wonder why it's a legal commodity. And lucky I love eating at home. And lucky we still have three places up here to eat and drink and smoke and be merry. They make a good revenue, believe me!

And if the anti's make it this far north and force these business's to go smoke free, guess what? They won't be seeing me there anymore. Thank God I love eating at home as well. What a world we live in. :(

When one group of people can "dictate" to the rest of the Americans how to live our lives, it's getting pretty damn bad.

8 posted on 02/11/2003 9:38:52 AM PST by SheLion
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To: 1Old Pro
Thanks, Old Pro!

Audrey Silk and I keep in touch! :)

9 posted on 02/11/2003 9:39:25 AM PST by SheLion
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To: arasina
Bloomberg seems to me to be a playboy billionaire who gives real Republicans a bad name.

He never WAS a real Republican. Rudy had him switch parties in order to run for the gutter Mayor of New York City. You know the kind: where he thinks his ah HA don't stink? He's disgusting. If I lived with that sucker, I'd have to shoot him within 6 months!

10 posted on 02/11/2003 9:41:08 AM PST by SheLion
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To: SheLion
I guess I'll be taking my Delaware money to New Jersey March 30 and meeting up with Audrey and her group.

There are a lot of us down here in Delaware who have been patronizing establishments in the more smoker friendly surrounding states.

As for these turncoat restaurant associations - I'd like to know how the antis are twising their arms.........since the antis have so much money to burn it wouldn't surprise me one little bit if the treasuries of these various groups haven't recently been padded with money from the antis.....

It's something to think about at least.
11 posted on 02/11/2003 10:07:20 AM PST by Gabz (Anti-smokers speak with forked tongues.)
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To: SheLion
All this level playing field crap is just that: crap. It's based on the totally false assumption that if I couldn't smoke with my cheeseburger and beer in a tavern, I'd be having filet mignon and Wild Turkey at some Restaurant Association digs.

It's rot and doesn't take into account the diversity of the clientele in the many different social levels the restaurant biz divides itself up into.

12 posted on 02/11/2003 11:18:18 AM PST by metesky (My retirement fund is holding steady @ $.05 a can.)
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To: Gabz
New Jersey, Maryland and the rest of the Northeast states are now firmly in the antis' sights, Gabz. I imagine you got the following note from Joe Cherner, but for those who didn't...

New Jersey--"The Assembly Environment Committee unanimously passed the Clean Indoor Air Act, which would eliminate smoking in common areas of casinos, restaurants, bars, banks, hotels and other indoor public places. It now heads to the Assembly Health Committee.

Hotel Employees and Restaurant Employees International Union Local 54 agrees. The union represents 17,000 hospitality workers in southern New Jersey, including 14,000 in casinos. "We have many members who come to me complaining about secondhand smoke," President Robert McDevitt said.

While seemingly few argue against the health benefits of a smoke-free workplace, opponents warn of financial harm. Casino officials estimate that 40 percent to 50 percent of their gamblers smoke, and casinos oblige them by handing out thousands of free cigarettes every day.

In Delaware, racetrack operators blame a smoking ban enacted Nov. 27 for a 10 percent decline in slot-machine revenue over the past two months. Bruce McKee, general manager of Midway Slots at Harrington Raceway in central Delaware, said the ban especially irks out-of-state visitors unfamiliar with the new law.

"I think it will have an adverse, material impact on Atlantic City," said Bruce McKee, a former Trump executive. Dennis Gomes said he has mixed feelings about a smoking ban. He's president of resort operations for Tropicana parent Aztar Corp. and "a health nut." The country's largest smokefree advocacy group says hospitality workers deserve this bill.

"No worker should have to breathe something that causes cancer just to have a job," said Joseph Cherner, president of SmokeFree Educational Services in New York. "Doctors, lawyers, and reporters don't have to breathe it. It's not fair to subject this group to it."

Smoke-free legislation is nothing new in New Jersey, but Assembly Leader Joseph Roberts said he made a pledge to "seriously consider" it this year.

State Sen. Bill Gormley, R-Atlantic, a staunch advocate for the casino industry, said he favors a partial ban that provides smoke-free areas in public buildings, as some casinos have already done.

"It might be this year in New Jersey or next year in New Jersey, but you would have to be blind not to see that it is going to happen," he said.

13 posted on 02/11/2003 11:19:02 AM PST by Max McGarrity (Anti-smokers--still the bullies in the playground they always were.)
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To: Max McGarrity

I guess its ok for Joe and his live in lover adopting two children, but by Gawd! They will NOT put up with SMOKERS.

Pretty nice, eh? Gays getting THEIR rights but smokers are losing theirs. Where is the justice!

14 posted on 02/11/2003 2:53:55 PM PST by SheLion
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To: Max McGarrity
Joe cherner can kiss my......................

Oh never mind I forgot - I'm female - he doesn't like my type (unless they are young and he can mold them to his ways)

15 posted on 02/11/2003 4:27:46 PM PST by Gabz (Anti-smokers speak with forked tongues.)
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To: SheLion
And remember SheLion - he also claims that "they" are better parents than you or I because they are non-smokers.

It appalls me the number of so-called "conservatives" that beleive anything and everything he says about smokers, smoking and second-hand-smoke.

He considers his family to be normal and a good environment for his "daughters." Yet he advocates that children of heterosexual married couples should be removed because one or both parents smoke and that is abnormal.

I can only conclude the so-called "conservatives" that swallow his swill hook, line and sinker about smokers must agree with his definition of a "normal" family.

I have a lot of friends that are not heterosexual - they find Joe Cherner and his "partner" to be more than a little disgusting.

16 posted on 02/11/2003 4:39:08 PM PST by Gabz (Anti-smokers speak with forked tongues.)
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To: Gabz
What goes around comes around. Joe will get his, sooner or later.
17 posted on 02/11/2003 7:34:30 PM PST by SheLion
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