Community Notebook > Our Community, Our News
The Move to Clean the Air:
Anti-Smoking Legislation in the Hudson Valley
by Amanda Bader; photo by Megan McQuade

In 1492, when Columbus landed in the Bahamas, he was greeted by Arawak Indians who gave him a variety of gifts, among them pungent “dried leaves” that he accepted graciously and then proceeded to throw away when he returned to his ship. Apparently he kicked the tobacco habit before he even knew he had it. Other early explorers were not so lucky: Rodrigo de Jerez was the first to bring smoking back to Spain from Cuba, but the smoke billowing from his mouth and nose so frightened his neighbors he was imprisoned for seven years.

While no one these days is likely to receive a seven-year jail term for smoking, the habit is becoming more and more difficult to enjoy in public. And now, stricter regulations are on their way to the Hudson Valley. On January 1, 2003, a new law went into effect in Dutchess County with a declared intent of “preserving and improving the public health” by prohibiting smoking in all places of employment and in enclosed public places. This law excludes bars and taverns (defined as any business that primarily sells or serves alcoholic beverages for on-premises consumption). In Ulster County, a move toward more comprehensive legislation is under way by county Legislator Joe Roberti (R-Saugerties).

It’s a New Landscape
Smoking has long been known as a major health hazard; why are all these changes happening now?

The first definitive connection between smoking and lung cancer was published in 1950—based on a study that was reported in the Journal of the American Medical Association. It wasn’t until 1967 that the us Surgeon General concurred, and in 1970 Congress enacted the law requiring warning labels on cigarette packs. In 1982 the Surgeon General’s report found a possible connection between secondhand smoke and lung cancer.

What has changed in recent years is that smoking is being addressed as a public health issue rather than as a matter of personal choice, and so has been prohibited in many venues. There is a whole generation of people who have never taken a domestic plane flight with smokers, who wouldn’t think of lighting up in an elevator, and don’t remember smoking at the movies.

Ultimately it was a 1998 Master Settlement Agreement (msa) that funded the current anti-smoking landscape. The msa settled a wide range of litigation against five key tobacco companies by the attorneys general of 46 states, compelling the tobacco companies to pay in excess of $200 billion over the next 25 years, to be used for smoking-as-hazardous educational programs as well as for msa administration and attorneys’ fees. It also placed a variety of specific restrictions on tobacco marketing and advertising, especially that targeted to youth.

Educational Outreach
Money that New York State receives as a result of the msa has provided funding for two key local organizations that are driving clean air activities: Smoke Free Dutchess and the Tobacco Free Action Coalition of Ulster County.

“One hundred percent of our activities are educational,” said Heather Ohlson, program director at Smoke Free Dutchess. “This means that we run smoking cessation programs in a variety of locations—schools, community service organizations, and the like, and we publicize information on the negative health effects of smoke. We were contacted by some of the [Dutchess County] legislators as a resource and we provided them with statistics and information that they used during the hearings.” Ohlson noted that the opposition, led by a local tavern owner, was provided with information and statistics by the local tobacco lobby.

Though the Dutchess County law has taken effect, there are complaints that it is flawed. County Executive William Steinhaus, while acknowledging the public health issues associated with smoking, expressed reservations regarding the law’s enforceability. Restaurant owners are concerned about the loss of their bar business, and have voiced dismay that bars and taverns, exempted by the law, will not be similarly impacted.

The Dutchess/Putnam County Restaurant and Tavern Association filed a suit in opposition to the legislation in the us District Court in White Plains, claiming the law is vague and unenforceable, but did not seek an injunction against its enactment. Dr. John Caldwell, commissioner of the Dutchess County Department of Health, said that calls to his office indicated broad understanding of and compliance with the new law. However, the Department of Health is currently preparing a mailing to all establishments that are effected by the new legislation to clarify its application.

Business Issue or Health Issue? It’s the Same Thing
Though some argue against these laws as an infringement on civil liberties—that everyone should have the right to smoke—the most common concern about legislation of this type is that it will impinge on business.

The Tobacco Free Action Coalition of Ulster County (tfac) recently conducted a telephone survey structured to determine the possible impact on businesses if a similar law were enacted in Ulster County. The poll found that fewer than one in ten people prefer to sit in a restaurant’s smoking section, and the vast majority of respondents (over 80 percent) would continue to patronize local restaurants, bars, and bowling alleys if smoking were eliminated. tfac is trying to reach the restaurant community with statistics that demonstrate that smoking bans are not detrimental to business, as evidenced by data from California, Delaware, and Texas. In fact, tfac claims that restaurants in California evidenced an average increase of 5.6 percent after the smoking ban.

This fact is disputed by the Empire State Restaurant and Tavern Association (esrta). “We have statistics that show there’s an unbelievable negative economic impact, for example in California,” said the Chairman of the local esrta chapter, Paul Pettinato, owner of Al’s Restaurant in Phoenicia. “This is just common sense—let people have a choice. We’re not talking about schools or hospitals, these are our own restaurants—they’re like our homes and the government shouldn’t be regulating whether we can smoke in our homes. If people don’t want to be in a restaurant where there’s smoke, they have a choice to go elsewhere. I’d rather support a ban on the sale of all tobacco products than to prohibit smoking in my bar and restaurant.” Pettinato said he would readily comply with requirements for improved ventilation systems or smoke eaters.

tfac is also working closely with Joe Roberti, who chairs the Ulster County Legislature’s Health Committee, to move on creating legislation. Roberti’s motivation is both personal and aimed at the public health issue that smoking represents. “I had a family member who got sick from smoking and that was the impetus to start pushing for legislation. Every person knows someone who’s had their life affected by smoking, now I’m one of them, and I’m in a position to do something about it,” he explains. Roberti believes that this type of legislation sends a good message about what Ulster County thinks about smoking on many levels. According to the Centers for Disease Control and Prevention, New York spends over $6.3 billion on smoking-attributable medical expenditures, and tfac points out that if all work places were smoke free, consumption of cigarettes in the us would drop 4.5 percent.
tfac’s Coalition Coordinator Ellen Reinhard says, “The biggest challenge is to help people understand that this is a health issue—they don’t realize that being around smokers is putting themselves and others at risk. We are working to make them aware that people die from secondhand smoke.” The tfac poll found that over 90 percent of Ulster County residents believe secondhand smoke is harmful and believe workers should be protected from it.

Pettinato of esrta said that in the 62 years his family has been in the restaurant business they’ve never had an employee complain about smoke in the workplace. He commented that it’s hard for his organization to compete with the funding behind groups such as tfac and Smoke Free Dutchess, as the local esrta chapter raises funds through dues and activities such as trips and clam bakes. “They have big bucks behind them—they pay professionals to go and testify at the public hearings, those aren’t everyday local people.” he said. He does believe, however that the legislature listens to their constituents, and they’ll hear what the esrta has to say at the hearings.

Roberti sees it differently: “Up until now we have only heard from a vocal minority,” he said. “Now we’re starting to see that there is a majority of people who support this kind of legislation.” An informational hearing about possible Ulster County anti-smoking legislation is scheduled for 6pm on February 20 at the County Office Building at 240 Fair Street in Kingston.

Legislator Roberti isn’t going to wait for the state to pass a law, but he does believe there might be one on the way. Proposed state legislation failed last year due to legislators’ inability to agree on the scope of the law, and though there still is active opposition from the Empire State Restaurant and Tavern Association, the New York State Restaurant Association recently announced its support for a statewide ban on smoking in all workplaces. This endorsement makes it more likely that a regulation will come out of the state Legislature. Governor Pataki indicated during his recent re-election campaign that he would sign such a statute if it reached his desk.

Just Step Outside
In a winter as cold as this one, it’s hard to contemplate forcing people outside to smoke a cigarette. But just a few years ago we couldn’t imagine holding a meeting or even waiting to see a doctor without smoking. These circumscriptions are accepted as normal now, and it seems almost inevitable that we’ll adapt to a smoke-free indoors as a natural step in the elimination of what is now being viewed by more than just the activist community as an environmental hazard.