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NEW YORK STATEWIDE SMOKING BAN BREWING
NYC C.L.A.S.H. ^ | 2-2-2003 | Audrey Silk

Posted on 02/02/2003 9:46:37 PM PST by Max McGarrity

New York State is poised to introduce legislation AGAIN that would strengthen the state smoking ban law.  By all accounts the state would seek to enact regulations that are stronger than NYC's and all other bans currently in place across the state.

Since bans on smoking in the state began, it was always the law that any town or city could enact their own stronger bans that would supercede the state's restrictions (there are some states that do not allow this -- it's called Preemption).  Your locality may only have gone so far as to follow the current state law, but if the state legislature enacts the kind of restrictions that have been rumored then it will not matter what any city, county or town in the state has adopted in its area.  Any exemptions that might apply will be negated by the state law since it will be the strongest and everyone must, at the very least, follow the state law.  Local jurisdictions were only allowed to make their own laws more restrictive, not less.

What's worse is that the NYS Restaurant Association is now helping to push for a statewide ban in order to "level the playing field."  Their membership consists of owners of larger restaurants that have already been affected by bans.  Rather than fight for their right to choose they are choosing to fight for their own bottom dollar at the expense of the mom n pop style restaurants and bars and grills that have been exempt and the customers who apparently are good for business.  In their own words, they ask why should the little restaurants "benefit" (benefit!) from having smoking customers.  Invoking "the level playing field" means that they want everyone to suffer the same.  It means that nobody really wants a smoking ban.There is almost no question that another attempt at this kind of legislation will be introduced in Albany soon.  A preemptive strike is something we have a chance at for a change, rather than trying to get the horse back in the barn after it's been let out.  Let's be proactive and write, call and fax our lawmakers NOW, before they even have a chance to bring it to committee.  Let's let them know how we feel BEFORE they even get officially started because the anti-smoking propaganda to move on this has already begun.

NYC C.L.A.S.H. strongly urges you to call Senate Majority Leader Joseph Bruno's Albany office at (518) 455-3191 to express your opposition and Assembly Speaker Sheldon Silver at (518) 455-3791.


TOPICS: Activism/Chapters; Culture/Society; Government; US: New York
KEYWORDS: cigarettes; individualliberty; niconazis; privateproperty; pufflist; rights; smokingbans; tobacco

1 posted on 02/02/2003 9:46:38 PM PST by Max McGarrity
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To: *puff_list; Gabz; SheLion; Just another Joe; VermiciousKnid
With your help, smokers and other freedom-loving people in NYS have beaten back several of these attempts so far. Antis have admitted that "citizen lobbying" had an effect and I'd like to see our civil serpents learn to respect that "citizen lobbying" enough to send these control freak anti-smokers right back where they came from.

There are more contact numbers and more information available at NYC C.L.A.S.H.

NEW YORK STATE NEEDS FREEPIN'!

2 posted on 02/02/2003 9:53:25 PM PST by Max McGarrity (Anti-smokers--still the bullies in the playground they always were.)
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To: Max McGarrity
Do you suppose New Yorkers will revive the speakeasy?
3 posted on 02/02/2003 10:09:31 PM PST by Savage Beast
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To: Max McGarrity
bttt
4 posted on 02/02/2003 10:53:36 PM PST by WKB
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To: Max McGarrity
Don't these Utopians have anything better to do?
5 posted on 02/02/2003 11:02:10 PM PST by BnBlFlag
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To: Savage Beast
Do you suppose New Yorkers will revive the speakeasy?

We're calling them "Smokeasies" here in Delaware!!!

Come on New York - don't further embarrass me - first you elected Hitlery, then the Bloominidiot - and now this??

Good Grief - As much as I hate admitting I'm a Delaware resident - at the moment I am afraid to admit I was born and raised in Brooklyn.

6 posted on 02/02/2003 11:35:56 PM PST by Gabz (Anti-smokers speak with forked tongues.)
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To: Gabz
Easy on yourself, Gab. To paraphrase another New Yorker (Auntie Mame)(veeeeeery loosely): One cannot be responsible for the behavior of the inhabitants of one's birthplace. I was born in Florida. I could be eternally embarrassed. We must refuse to be. We must be strong.
7 posted on 02/03/2003 5:17:39 AM PST by Savage Beast
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To: Max McGarrity; All
Make the call, write the letter, send the e-mail.
This, just like Florida, is BS.
It should be up to the property owner to DECIDE whether or not to allow smoking.
8 posted on 02/03/2003 6:00:01 AM PST by Just another Joe (bastids)
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To: Savage Beast
Good point - but I've got 3 strikes against me.........

I was born and raised in Brooklyn
I spent many of my teen years in florida (my first driver's license was from there)
And I've called Delaware home for 20 years....

Sheesh - I'm in big trouble!!!!!!!!!
9 posted on 02/03/2003 8:09:53 AM PST by Gabz (Anti-smokers speak with forked tongues.)
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To: Gabz
Y'right. Tell Joe Biden hello.
10 posted on 02/03/2003 8:24:53 AM PST by Savage Beast
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To: Savage Beast
You sure know how to make a girl feel good, don't you?????
11 posted on 02/03/2003 11:46:41 AM PST by Gabz (Anti-smokers speak with forked tongues.)
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To: Gabz
Come on New York - don't further embarrass me - first you elected Hitlery, then the Bloominidiot - and now this??

Good Grief - As much as I hate admitting I'm a Delaware resident - at the moment I am afraid to admit I was born and raised in Brooklyn.

Hey!!! There is more to New York than the city and Long Island. There is upstate which is very conservative and We are NOT responsible for Hillary or Baffoonberg. Unfortunately more than half the population of the state is down there and they can out vote us. So far the state Senators (Republican controled) from up here have been able to stop any statewide smoking bans but unfortunately since the state assembly is somewhat based on population the liberals from the city control it so if this law ever comes up it will (and has in the past) pass in the assembly easily. The real problem now is the RINOS in the State Senate from the Island, Since the 2 Long Island Counties now have their own silly smoking bans those idiots will probably now go along with a state wide ban and upstate will not be able to stop this disaster.

We are big on property rights up here and if this ban ever passes it will not be taken well. No health commisioner would dare try to enforce it so it would be up to the state police and I would really like to see them try and tell the people at one of our local redneck bars they have to go outside in -15º degree weather to have a cigarette.

This would devastate buisness in my area since we get a lot of tourism from Quebec, which we all know the french are heavy smokers.

12 posted on 02/03/2003 2:28:21 PM PST by qam1
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To: qam1
qam,

May I offer my deepest apologies on behalf of all the REAL Republicans here in the downstate area. The RINOs who claim to represent us up in Albany are truly an embarrassment.

Please keep in mind that there are in fact some in the metro area that value freedom and liberty every bit as much as you do.

As for the idiotic Suffolk County smoking ban, I have already begun the work of reversing it. Hopefully three years will be enough time to oust the morons in the legislature and fix this mistake.

Wish me luck.

Regards,
13 posted on 02/04/2003 5:49:59 AM PST by VermiciousKnid
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To: Max McGarrity
What's worse is that the NYS Restaurant Association is now helping to push for a statewide ban in order to "level the playing field."

Private property rights at work. (Told ya so)

14 posted on 02/04/2003 10:07:59 AM PST by VRWC_minion ( Opinions posted on Free Republic are those of the individual posters and most are right)
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To: VRWC_minion
Good Grief - you've got no clue, do you about the hospitality industry??????

The only "level playing field" being espoused by anyone supporting these assinine bans would be one that provides everyone serves the same food at the same prices and provides the identical atmosphere.

Level playing field in the real world is LET THE MARKET DECIDE. A concept you anti-smoker types have no clue about.
15 posted on 02/04/2003 3:29:11 PM PST by Gabz (Anti-smokers speak with forked tongues.)
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To: VermiciousKnid
Well it is good to see there are still some good Republicans/Conservatives left on the Island. I was beginning to think they all moved away.

I still remember the good ole' days not to long ago when together Long Island and Upstate could balance out the Liberals in the city. Unfortuanetly the Republicans with their machine politics and dirty dealing with the rats down there became indistingable from the Rats.

Well I wish you luck in stopping that smoking ban insanity in Suffolk County, Hopefully when they see the disater in the city and Nassau they will change their mind.

Actually wish all of us luck if this nightmare ever comes to the point of going statewide.




16 posted on 02/04/2003 3:39:11 PM PST by qam1
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To: Gabz
Good Grief - you've got no clue, do you about the hospitality industry??????

I still told you so. It won't be long before the national restaurant associations begin pushing for the same "level playing field". It called acting in one's best interests.

17 posted on 02/04/2003 4:13:36 PM PST by VRWC_minion ( Opinions posted on Free Republic are those of the individual posters and most are right)
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To: qam1
Ah yes...the good old days...I remember them well.

Unfortunately, as the liberals in the City fled the mess they had made in their own homes, they came to Long Island and brought with them the exact same inanities that caused the mess in the first place. Thus, we out here in Suffolk (Nassau fell a few years ago) are on the brink of becoming "Little NYC."

As for all the good Republicans moving away...well...only 7 more years till hubby can retire, and then WHAMMO! I'm OUTTA here. Can't see staying and paying $10K/year in property taxes (it'll be much more than that in 7 years), all for the "privilege" of living in NY and being irritated by the anti-freedom dimwits all around me.

Till then...
Regards,
18 posted on 02/04/2003 6:37:02 PM PST by VermiciousKnid
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To: VRWC_minion
It's obvious not just the anti-smokers don't understand the concept that there is only a level playing field in the hospitality industry when each owner is able to pick and choose his/her clientele.

If smoke-free was such a money maker - there would have been tons more of them than there were before the weinies of the anti-smoker crusades forced everyone to cater to the few loud mouthed weinies.

19 posted on 02/04/2003 8:10:55 PM PST by Gabz (Anti-smokers speak with forked tongues.)
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To: Gabz
It's obvious not just the anti-smokers don't understand the concept that there is only a level playing field in the hospitality industry when each owner is able to pick and choose his/her clientele.

You mean pick and choose like no blacks allowed or we choose to not be ADA/handicapped compliant?

No one is telling you you can't patronize any buisnesses...the choice is yours.

20 posted on 02/04/2003 8:48:03 PM PST by lewislynn
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