Cigar Weekly

FSUScotsman · 07-23-2003, 07:37 PM

I didn't know that New York was going non smoking state wide!!!! Look at what I just found on the way to something else!!! Maybe there is a ray of hope elsewhere if this works.

Bars sue state to allow smoking
Statewide smoking ban goes into effect today at midnight. Two plaintiffs from Syracuse.

July 23, 2003

By Mike McAndrew
Staff writer

Six New York taverns - including two in Syracuse - sued the state Tuesday and asked a federal judge to stop authorities from enforcing the new law that bans smoking in all indoor work sites, including bars and restaurants.

Buies Inc., the owner of Dodester's, a bar at 2426 South Ave., and Barmarsue Inc., owner of Murray's, at 2722 Burnet Ave., are plaintiffs in the lawsuit, along with the Empire State Restaurant and Tavern Association, and four other bar owners.

The lawsuit - which seeks to block the law statewide - was filed in U.S. District Court in Syracuse because five of the plaintiffs are Upstate bars. The sixth is on Long Island.

U.S. District Judge Lawrence Kahn, of Albany, is not expected to rule on the request to block the new law before the smoking ban takes effect at midnight today, said Scott Wexler, executive director of the state tavern association.

Wexler said he hopes that within a few weeks the court will issue a decision that will block the state from enforcing the law.

"We feel the state shouldn't be telling us how to run our business," said Sue Murray, co-owner of Murray's. "Our customers should be able to smoke if they want to. Tobacco is not illegal."

The Legislature passed the law in March to protect New Yorkers from being exposed to cancer-causing second-hand smoke while working.

New York's law is constitutional and the attorney general's office will vigorously defend it, countered Marc Violette, a spokesman for Attorney General Eliot Spitzer.

Donald Distasio, the chief executive officer of the American Cancer Society's Eastern Division, said the tavern owners' lawsuit "is the equivalent to a 'Hail Mary' play in football. It's a last act of desperation with little hope of success."

The lawsuit claims the state law is unconstitutional because it conflicts with workplace safety standards established by the federal Occupational Safety and Health Administration. Those standards were designed to protect workers from airborne contaminants, including second-hand smoke.

OSHA established permissible levels of exposure for hundreds of substances, including the chemicals found in second-hand smoke, according to the lawsuit.

"The law is pretty clear that once a federal standard is in place, a state law can't supplement, supersede or supplant that issue," said lawyer Kevin Mulhearn, of Orangeburg, who represents the Empire State Restaurant and Tavern Association.

The lawsuit also claims that the state law is unconstitutional because it is vague.

It notes that the law allows county health departments to grant waivers from the smoking ban to property owners who would experience undue financial hardship.

But the state Health Department has ruled that such waivers cannot be granted because the Legislature did not include in the law any criteria for waiver applicants to meet.

Included as an exhibit in the lawsuit is a letter Onondaga County Health Commissioner Dr. Lloyd Novick wrote July 10 to the owner of Mac's Bad Art Bar in Mattydale in which he denied Mac's a waiver from the smoking law.

Dodester's co-owner, Caren Snyder, said Dodester's agreed to be a plaintiff because the law will hurt her bar and other taverns.

"People come here for the entertainment of each other, and smoking seems to be part of it. If they have to go outside to have a cigarette, I believe they won't stay as long," Snyder said.

She said Central New York bars will especially get hurt in the winter when customers will not want to go outside to smoke.

Sue Murray said it is frustrating that she and other tavern owners have to sue the state to get politicians to listen to them.

She said she's not sure why the tavern association invited her bar - out of the thousands of bars in New York - to join the lawsuit as a plaintiff.

"Probably because we're a small bar, and it's just my mother and me that own it," she said.

But she admitted to being nervous about the attention the lawsuit might bring her and her mother, Barbara Murray, who co-owns Murray's.

"We're not limelight people," Sue Murray said. "We're just a neighborhood bar. Nobody knows about us. Now they will."

The other four bars suing the state are Stash's Pub in Lowville, Lost & Found Inn in Tyrone, Tazmond's Pub in Uniondale and Keefe's Tavern in Elmira.

The Post-Standard

07-23-2003, 07:37 PM	#1
FSUScotsman Herf God Join Date: Dec 2002 Location: Tallahassee, FL CSA Posts: 36,585	A lawsuit!!! I didn't know that New York was going non smoking state wide!!!! Look at what I just found on the way to something else!!! Maybe there is a ray of hope elsewhere if this works. Bars sue state to allow smoking Statewide smoking ban goes into effect today at midnight. Two plaintiffs from Syracuse. July 23, 2003 By Mike McAndrew Staff writer Six New York taverns - including two in Syracuse - sued the state Tuesday and asked a federal judge to stop authorities from enforcing the new law that bans smoking in all indoor work sites, including bars and restaurants. Buies Inc., the owner of Dodester's, a bar at 2426 South Ave., and Barmarsue Inc., owner of Murray's, at 2722 Burnet Ave., are plaintiffs in the lawsuit, along with the Empire State Restaurant and Tavern Association, and four other bar owners. The lawsuit - which seeks to block the law statewide - was filed in U.S. District Court in Syracuse because five of the plaintiffs are Upstate bars. The sixth is on Long Island. U.S. District Judge Lawrence Kahn, of Albany, is not expected to rule on the request to block the new law before the smoking ban takes effect at midnight today, said Scott Wexler, executive director of the state tavern association. Wexler said he hopes that within a few weeks the court will issue a decision that will block the state from enforcing the law. "We feel the state shouldn't be telling us how to run our business," said Sue Murray, co-owner of Murray's. "Our customers should be able to smoke if they want to. Tobacco is not illegal." The Legislature passed the law in March to protect New Yorkers from being exposed to cancer-causing second-hand smoke while working. New York's law is constitutional and the attorney general's office will vigorously defend it, countered Marc Violette, a spokesman for Attorney General Eliot Spitzer. Donald Distasio, the chief executive officer of the American Cancer Society's Eastern Division, said the tavern owners' lawsuit "is the equivalent to a 'Hail Mary' play in football. It's a last act of desperation with little hope of success." The lawsuit claims the state law is unconstitutional because it conflicts with workplace safety standards established by the federal Occupational Safety and Health Administration. Those standards were designed to protect workers from airborne contaminants, including second-hand smoke. OSHA established permissible levels of exposure for hundreds of substances, including the chemicals found in second-hand smoke, according to the lawsuit. "The law is pretty clear that once a federal standard is in place, a state law can't supplement, supersede or supplant that issue," said lawyer Kevin Mulhearn, of Orangeburg, who represents the Empire State Restaurant and Tavern Association. The lawsuit also claims that the state law is unconstitutional because it is vague. It notes that the law allows county health departments to grant waivers from the smoking ban to property owners who would experience undue financial hardship. But the state Health Department has ruled that such waivers cannot be granted because the Legislature did not include in the law any criteria for waiver applicants to meet. Included as an exhibit in the lawsuit is a letter Onondaga County Health Commissioner Dr. Lloyd Novick wrote July 10 to the owner of Mac's Bad Art Bar in Mattydale in which he denied Mac's a waiver from the smoking law. Dodester's co-owner, Caren Snyder, said Dodester's agreed to be a plaintiff because the law will hurt her bar and other taverns. "People come here for the entertainment of each other, and smoking seems to be part of it. If they have to go outside to have a cigarette, I believe they won't stay as long," Snyder said. She said Central New York bars will especially get hurt in the winter when customers will not want to go outside to smoke. Sue Murray said it is frustrating that she and other tavern owners have to sue the state to get politicians to listen to them. She said she's not sure why the tavern association invited her bar - out of the thousands of bars in New York - to join the lawsuit as a plaintiff. "Probably because we're a small bar, and it's just my mother and me that own it," she said. But she admitted to being nervous about the attention the lawsuit might bring her and her mother, Barbara Murray, who co-owns Murray's. "We're not limelight people," Sue Murray said. "We're just a neighborhood bar. Nobody knows about us. Now they will." The other four bars suing the state are Stash's Pub in Lowville, Lost & Found Inn in Tyrone, Tazmond's Pub in Uniondale and Keefe's Tavern in Elmira. The Post-Standard __________________ "The rights we have today we may consider as natural rights, but they were won by blood, sweat, sacrifice, and death." Dwight D. Eisenhower http://members.cox.net/classicweb/email.htm The only good terrorist is a dead terrorist!!!!