Is Their No Freedom For Smokers In New York?

On Tuesday December 31, 2002, New York’s Mayor Michael R. Bloomberg signed a law called the Smoking ban. The ridicules law will put an end to smoking in public bars, clubs, and restaurants. The law does state some exceptions. All existing cigar bars, bars with no employees except the owner, nonprofit clubs or organizations with no employees, and bars with enclosed smoking rooms, will be exempt by the law. Bloomberg reportedly wanted to start this obviously asinine law to protect bar employees from second-hand smoke. The Mayor labeled the smoking ban as one of the most important things he has done in his life.” It will literally save tens of thousands of lives” (Bloomberg, Michael Cooper, New York Times,Dec31,2002).

March 30, 2003 was a day the smokers of New York would label as the beginning of the end. On this day the law would come into effect, the states clubs and bar would never be the same again. It was on a day like that that I was proud to live in New Jersey, where people like me, a smoker, can light up and enjoy a cigarette in a bar or club, with no problem. As a smoker I believe that people shouldn’t be out casted because they smoke. We shouldn’t leave the bar just to light up or go into a segregated smoking room. If I want to quit smoking I’ll do it under my own terms, not because Bloomberg wants to clean the air in bars in New York, why not just up clean the air pollution in the state in general.

Banning smoking in all clubs and bars is not an easy task. So how is New York going to monitor the compliance of this law? New York health inspectors will be randomly paying visits all around the city to ensure the law is being enforced. Officials of the state will issue warnings to disobedient bar owners, not the smoker, or even fines of $200 to $2,000. The state also encourages citizens to report any suspicious establishments.

It’s very obvious that I’m very much against the smoking ban in New York, but not just because I’m a smoker. When people go to bars they expect to see people drinking, having a good time and of coarse smoking cigarettes. No one can force you to go to a bar, if you don’t like the smoke then simple go somewhere else to drink or go outside and smell the clean city air. New York mustn’t segregate smokers from non-smokers by forcing them to another room or outside. This new law definitely won’t stop people from smoking or encourage them to give up the habbit, but it might stop them from visiting bars in NY all together. New Jersey can use the business.

Most bar owners are against the Bloomberg law. David Rabin, part-owner of two clubs, a bar, and president of the Night Life Association, said the law wasn’t very realistic.

“The real world is, its 2 a.m., there’s a table that’s already bought $700 worth of drinks and everyone’s had a few, and someone at their table wants to light up a cigarette, and won’t listen when I ask them not to,” he said. “What am I supposed to do? The city says call the police. That’s ridiculous. No bar owner would do that.” ( David Rabin, Richard Perez-Pena, New York Times, March 28,2003)

There are about 13,000 bars and clubs in New York and an estimated 1.3 million smokers. First New York raises the prices of cigarettes, higher than any state in the U.S., then they ban smokers from being able to smoke them, in most of the places they buy the smokes. What’s next in N.Y. if the law works, what can be next?. New York also relies on the taxes from cigarettes to fund many city projects. Smokers won’t stand for this injustice. The first month of the ban, came to show many acts of defiance and boycotts. It showed that smokers weren’t going to give up their right without a fight.

One outrageous act of defiance came on April 16,2003 when a night club bouncer was killed. Dana Blake, a bouncer at Guernica night spot in Lower Manhattan, tried to get two brothers whom often visited the club to put out their cigarettes. The brothers then refused which caused a fight to brake out between the bouncer and several customers. During the fight, 32 year old Blake was stabbed. The fatal stab severed an artery, Blake died in the near by hospital 12 hours later. The smoking ban claimed its first life that night, proving that the law will cause New York more harm than good.

Bar and restaurant owner’s made a plan for action in protest the very next day. The owner’s planed to turn off all their lottery machines for a week, hoping their message will be heard load and clear. They wont stand by and watch there business fail because of lack of happy customers. Brenda Perks, owner of Mel’s Place, feared she might have to close her business and lose her livelihood. Perks stated that “You don’t have the smoking, you don’t have the drinking, you don’t have the taxes from our properties, you don’t have the licenses we all need. Where are they going to get all this revenue from? Your property Taxes.” ( Brenda Perks, Terry Frank, Chautauqua Correspondent, Buffalo News (New York) April17,2003)

Many environmental groups have been trying to prove the ill effects of smoking, and while smoking does affect the health of the user and just about everyone near him. It is not proven that environmental smoke poses much harm to any persons health. One study by the World Heath Organization or WHO was show to be based on fraudulent studies.

“The net result of the study was that there was no causal link between environmental tobacco smoke and ill health effects… This smoking ban is going to harm hundreds, if not thousands of small business owners across the state. It is not going to improve the health of one single bar or restaurant employee. It is going to restrict the private property rights of millions. And it is all based on lies.” (Joseph M. Lavigne Buffalo News, New York, May 27,2003).

The effects of the ban didn’t directly affect me until about June 2003, when I went to Irving Plaza in New York to see one of my favorite bands perform. I had gone to the Plaza many times before to see bands perform. When I entered I was shocked to hear that smoking was no longer permitted inside the establishment. It was a 4 hour concert, and about halfway into the show I found myself fiending for a cigarette. The rules at Irving Plaza state that once you leave, no matter what reason it would be, that you will not be permitted to reenter. The concert hall did not have a separate room for smokers nor did it allow people to exit for a smoke and reenter. So how was I going to enjoy my cigarette and the show?. Well I found myself and a huge group of smokers, sneaking a puff inside the bathroom stalls. It felt like high school all over again. I’m 20 years old and I don’t think a twenty year old should be doing this. People shouldn’t have to sneak a cigarette in the bathroom. Even the band playing stated controversial anti Bloomberg remarks, during the show.

In Conclusion with no evidence to proving that the smoking ban has, or will ever help any employees of any bar or restaurant. There are far more problematic issues to be dealt with, in New York City, public urination, graffiti, robbery, and common pollution are just some. If you are an employee at a bar u knew the risks before you started working there. If the smoking bothers you there are other jobs out there. The smoking ban is restricting the rights of millions of people and forcing tax payers to pay more money due to the lack of business. I do believe that some bars in New York should be smoke free, but not all. Second-hand smoke is a very serious problem, but so is drinking and to me they do hand in hand. Stopping smoking will stop the drinking which in turn will shutdown the bars. No one will benefit from this ban on freedom in New York.