NYC Smokefree Air Act Hearing, 9/26/94
Final tally:
- Those in favor of the bill as presented: 62
- Those opposed to the bill as presented: 34
The Testifiers
DISCLAIMER
I had no recorder, so please bear in mind the quirks of memory and hearing, and the perils of rapid writing. I've tried to make the following account as accurate as possible. Corrections/clarifications/comments are welcome.
THE BILL
New York, NY. Sept. 26, 1994. The second hearing on Int. No. 232A, commonly known as the Smokefree Air act, was held today. Int. No. 232A is not really a new bill, but an amendment to the New York City Clean Indoor Air Act of 1988, which prohibited smoking in most common areas of workplaces, and required restaurants to set up nonsmoking sections of at least 50% of total capacity; restaurants seating less than 50 people were exempted. The new amendment would ban smoking completely in all restaurants and tighten workplace restrictions.
The prime sponsors of Int. No. 232A are the Speaker (Council Member Vallone), Health Committee Chairman Enoch Williams, Environmental Protection Committee Chairman Stanley Michels and Councilwoman Juanita Watkins
Cosponsors are Council Members Malave-Dilan, Freed, Albanese, Duane, Fisher, Henry, Linares, McCabe, Powell IV, the Public Advocate (Mark Green), Rivera, Robles, Warden, White, Cruz and Fusco; also Council Members Clarke, DeMarco, DiBrienza, Eldridge, Fields, Foster, Harrison, Lasher, Leffler, Povman, Robinson and Wooten.
The first meeting had been held in June, where an overwhelming number of people supported the bill, by a ratio of about 7 to 1. Since June, the bill had gotten even tougher--the exemption for restaurants seating less than 50 was removed. The removal was undoubtedly in response to the many people and restaurateurs who had claimed either that it was an unfair competitive advantage, or that such restaurants are the worst-equipped to sequester smoke.
THE PRELIMINARIES
The hearing was to begin at 10; those wishing to speak were to sign up at 9. When I arrived at 9:30, there was already a line outside and down the steps of City Hall.
The day was overcast and muggy. As soon as I joined the line, the Tobacco Institute contingent arrived, filing in directly behind me. No one smoked.
One of the TI women mentioned with approval the number of "Accommodation Program" buttons she saw--an industry-promoted green & white button with a yin-yang symbol which businesses are encouraged to display to welcome both smokers and nonsmokers.
In response to the woman's observation, the man ahead of me seemed disturbed, and made an incoherent, seemingly hostile comment, which was politely ignored. As we waited in line he struck up a conversation of sorts with me, but it was difficult to communicate with him, or to decipher his point of view. Inside, he sat with the contingent from FAMI (Family & Friends of the Mentally Ill), which argues for smoking rights for the mentally ill in hospitals.
Once inside, I ran my backpack through the X-Ray, and walked upstairs to the large hearing room, whose main floor and balcony were already 80% full.
Smoking is not allowed in the hearing room, but it was ventilated to the outside just the same (the windows were open).
The man next to me was going over laser print-outs of Kent sales figures; he asked the man in front of me if he had an extra "Accommodation Program" button. He did.
The press was out in force this time, a full bank of cameras set up along the right-hand side, and more in the balcony. If anyone took a break from the general feeling of tension and import, it was to wonder: what's going on with the young woman in the audience wearing a rhinestone tiara??
The Sergeant-at-Arms, a large, portly man of about 60, continued to glance over the room impassively, chewing gum with his mouth closed.
The following City Council members were among those present at the start of the meeting (though many would leave, and others would enter in a constant reshuffling throughout the day):
- Peter Vallone
- Enoch Williams
- Julia Harrison
- Morton Povman (Q)
- Andy Aristotle (M)
- Stanley E. Michels
- Priscilla Wooten (Br)
- Jose Rivera
- Una Clarke (Br)
- Ognibene
- Victor Robles (Br)
- Tom Oppen (Q)
- Shirley Adams
THE HEARING
At 10:10 AM, City Council Speaker Peter Vallone, sponsor of the bill, spoke.
Vallone said the bill's aim was to protect nonsmokers; he referred to the health hazards of second-hand smoke, citing the conclusions of the EPA and 5 surgeons general. He said he was aware of--and the city council took seriously--businesspeople's concern about economic factors; but, he said, the facts were clear, and the health of New Yorkers must be "our priority." This is "not a civil liberties issue," he said, "this is a _health_ issue" that affects all of us.
City Council Chair Enoch Williams then spoke briefly, echoing Vallone's sentiments.
THE TESTIMONY
Note that two recent events were very much on the minds of both the council and the speakers, and were to figure in the testimony.
One was the remarkable series of full page ads and radio spots by an organization called United Restaurant Hotel Tavern Association. The ads lambasted the City Council for attempting to ban restaurant smoking in "our town."
The other was an article in the NY Times that morning which reported a threat by Philip Morris that "if the bill is passed, it would cause us to reconsider having our headquarters in New York City." (Philip Morris later said the statement was not a threat, but the expression of "an option" the company would consider if the bill were passed.)
Now it was the public's turn to respond. This was their day, and a rough total of 96 people or groups spoke during a hearing that went nonstop from 10:15 AM to 6:20 PM. Each person had exactly 3 minutes to speak, though the chair was lenient about overtime. Groups were allowed 10 minutes, and could divide their time any way they saw fit.
The final tally:
Those in favor of the bill as presented: 62
Those opposed to the bill as presented: 34
1.
In the early 60s, Michael O'Neal and his brother, actor Patrick O'Neal, opened The Ginger Man, one of the first restaurants to serve the crowds from the newly-created Lincoln Center; the Ginger Man and subsequent restaurants--O'Neal's Baloon, the Landmark Tavern, O'Neal's Brothers, O'Neal's 57th St.--have been popular gathering places for New Yorkers for many years.
O'Neal bitterly fought the 1988 law which first set aside 50% of a restaurant's seating for nonsmokers. At this year's previous meeting in June, he testified that he had changed his mind--two of his family members had come down with cancer--and was in favor of a complete ban. Also, he was tired of the fights among patrons due to the complex logistics of finding agreeable smoking and non-smoking seating patterns.
Today O'Neal testified that he had been in the restaurant business for 30 years, and has been past president of the New York City and New York State Restaurant Associations. He said that before this latest ad blitz, he had never heard of the United Restaurant Hotel and Tavern Association. He said their ads were undoubtedly paid for by the cigarette industry.
Mr. O'Neal referred to the Philip Morris threat to leave the city, and asked, Where are they going to go? People are going nonsmoking all over the country. In addition, Philip Morris employees have a non-smoking environment--"why not my employees?" he asked. "That's the issue."
In closing, O'Neal, he said his brother Patrick, a heavy smoker, died last month of lung cancer. His birthday was September 26--he would have been 67 years old today.
JANET SACKMAN was a model for Chesterfield and Lucky Strike Cigarettes. At 62, she is a strikingly pretty and poised woman.
She said she began smoking in 1949 because an ad agency rep had suggested she'd look more authentic. In 1983 she had a laryngectomy and in 1990 suffered a bout with lung cancer. She now teaches other laryngectomy patients to speak.
As she talked, one had to strain slightly to catch her words as they were spoken through a kind of burping action; yet they were measured and strong. The Sergeant.-at-Arms stopped scanning the room as he watched her testify. It was the only time I saw him pay such singular, doleful attention to any one speaker.
2.
- BRENNAN DAWSON, Tobacco Institute--NAY
- DAVID REEMS, Covington & Burling--NAY
Ms. DAWSON, one of the chief spokespeople for the Tobacco Institute, called the new law "unreasonable, unworkable, and unfair." Her statement elicited from the crowd a round of both applause and boos.
She said that the non-partisan Congressional Research Service had found fault with the EPA report, and that the City Council should let the employers decide on smoking policy.
COVINGTON & BURLING is the law firm of the Tobacco Institute in Washington. Mr. REEMS said the law was a "solution in search of a problem that will create problems."
He said the effort was doomed to failure because the Council did not have jurisdiction. He referred to the VDT scare of a few years ago, and said the state in that instance had been preempted by federal mandates from creating new labor safety laws.
Smiling, Council Chair Williams informed Reems that "our legal counsel has checked that out."
Councilmember Anthony Weiner (D-Brooklyn) then addressed the tobacco representatives. He mentioned the morning's N.Y. Times article, and said the bill before the council was a difficult decision. "I don't know if that's the way you lobby in the tobacco country of North Carolina, but New Yorkers don't like to be threatened," he said to thunderous applause.
Weiner said that he has been listening intently to arguments from both sides. But, he said, "What does not add to debate is a company standing up at a press conference or releasing a press release saying that, 'If we don't get our way we're going to take our ball and go home. My view is, go home now." Weiner said to more applause, "PM has done nothing but take someone who was leaning against the bill to leaning for the bill."
Ms. Dawson apologized for PM's seeming threat, and characterized it as an unfortunate expression of the company's frustration.
Mr. Reems asked that the council should "consider overall business concerns" of restaurateurs and employers.
Councilmember Albanese replied to Reems that he had a share in a restaurant that went nonsmoking, and "we've increased our business."
3.
PATRICK REYNOLDS, grandson of RJ Reynolds founder Richard Joshua Reynolds, talked about those in the Reynolds family who had died of tobacco-related diseases--his father, his half-brother, his aunt and mother, and RJ Reynolds himself. "They smoked the family brands," he said.
In regards to Philip Morris' threat to move their headquarters should the bill pass, Reynolds said New Yorkers should then feel "pride that a few more drug pushers have left town."
LISA SMITH cited a study of restaurant income that showed no significant business had been lost--and in some cases business was increased--in 15 cities that have gone smokefree across the country.
She cited an ad placed by pro-smoking groups that ran, "What if they passed a law that took away 30% of your business." The ad refers only to unsubstantiated opinions obtained in some surveys of restaurant managers, and estimations of a 30% loss "is a sham," she said.
RON DAVIS became head of the Federal Office of Smoking & Health in 1987. He cited the 1986 Surgeon General's report which found ETS (environmental tobacco smoke) a health hazard, with children at special risk.
He said the separation of smokers and nonsmokers may reduce, but will not eliminate ETS.
He said the problem was exacerbated by great numbers of smokers who do not follow tobacco industry guidelines on public smoking. "Half of smokers are not showing 'common courtesy' as the tobacco industry defines it," he said.
LEN CYRIL read BARRY FOGEL's letter to the council.
Fogel wrote that he had been president in 1988 of the Beverly Hills Restaurant Association, which successfully fought a local smokefree bill,
He said the BHRA had been organized and financed almost exclusively by the tobacco industry.
Fogel said he regretted his participation in the group. He owns the Jacocco restaurants, and wrote that since they went nonsmoking, "sales have risen."
4. WILLIAM ALTHAUS, National Smokers Alliance--NAY
Mr. Althaus is Chairman of the National Board of Advisors for the Alexandria, VA-based NSA.
He was mayor of York, PA for 3 terms. In 1989, he signed an order that restricted smoking in city buildings, an action he now disavows. He is a past President of the U.S. Conference of Mayors.
Mr. Althaus said the bill was a "classic case of diverting resources of city government to an area that is working quite well."
He said the public is "reasonably free from (large) amounts of smoke," and expressed distaste for the instituting of a "smoke police." He said people should be able to make their own decisions about which kind of restaurant to frequent.
Nonsmokers "are being taken care of;" it's time, he said, to "give smokers a little concern."
Councilmember Albanese asked how long his organization had been in existence. Althaus said the NSA had been established a year ago, and was supported by 15 tobacco companies.
Albanese then asked who the founding members of the NSA are.
Althaus replied, "I don't know who they are, but the issue is--"
"The issue," interrupted Albanese, "is the health of the citizens of this city and this country."
Councilmember Linares said that "the argument put forward by the tobacco industry is a smokescreen."
In regards to people making their own decision about which restaurant to frequent, Councilmember Clarke said that children don't make those decisions.
Councilmember Thomas Ognibene stated that though he himself was a nonsmoker, he felt the bill contained "draconian" measures. If people don't like smoke, he said, "people can stay home". He said the bill risked putting a major business segment out of business.
Mr. Althaus referred to the loss of jobs among the poor resulting from business losses in the restaurant and hotel sector--the largest employers of people of color. "Those are the ones who'll lose their jobs," he said.
Councilmember Juanita Watkins quickly interrupted Althaus, retorting that "We used to have to pick tobacco too."
Albanese asked Althaus if he believed smoking causes lung cancer.
It's a "risk factor," he replied.
NOTE: Mr. Althaus has previously stated that the NSA was the "brainchild" of Philip Morris and its public relations firm, Burson-Marsteller. Philip Morris, he has said, provided most of the start-up money, along with the names of smokers..
5.
JOSEPH SPINNATO, president, Hotel Association of New York City; associated with the Sheraton New York Hotel--NAY
PAUL LIOTTA, Sheraton Hotels
MR. EASTMAN(?), General Manager of the Marriott Marquee and 2 other hotels.
Mr. SPINNATO said that in the past he has independently supported efforts to limit smoking, but most of the NY hotel industry's smoking rooms are required by foreign guests, who also tend to dine at their hotels for security reasons.
"About 35 percent of all business travelers and visitors who stay at our hotels are international visitors who are determined smokers. As a result, this proposed legislation will unfairly impact on many of our hotels that specifically cater to these travelers."
Mr. Spinnato had several suggestions for an amended bill, along with steps by which many of the problems caused by ETS could be alleviated.
- Rather than a complete ban, the bill should increase smokefree sections to 75%
- It should also increase fines.
- Restaurants should design seating so that non-smokers don't have to walk through the smoking section, and so that the smoking section is closer to vents.
- Restaurants should consider a redesign of air systems
PAUL LIOTTA of the Sheraton Hotels cited a study that found 50% of Los Angeles restaurants in a smoke-free area reported loss of business.
MR. EASTMAN of the Marriott Marquee also urged the adoption of a 75/25 plan, where 25% of restaurant space would go to smokers.
Councilmember Anthony Aristotle questioned Mr. Liotta's study, and cited the California Hotel & Motel Association's support for a strong statewide smoking ban.
Mr. Spinnato in reply said the Greater Los Angeles Business Council reported significant loss of business in the now-smokefree Greater Los Angeles area, and traced customers taking their business instead to restaurants in municipalities that allowed smoking.
There ensued some confusion about exactly what area of the city is encompassed by the term "Greater Los Angeles." No one seemed to know.
Councilmember Albanese said that he would appreciate seeing the survey in question, and the group said they would make it available to the City Council.
Councilmember Lucy Cruz then spoke, saying that she was a smoker, and "I'm not happy about it."
In the matter of "smokers' rights vs. nonsmokers' rights," she said it was her right to ruin her health, but not that of others.
She questioned why the tobacco industry didn't pay for the installation of those ventilation systems they recommend.
She thanked the group for offering thoughtful alternatives to provisions in the bill.
Several Councilmembers bantered in a friendly way with Mr. Spinnato, a well-known former New York City Fire Commissioner. Councilmember Michels suggested he use the law as an inducement to travelers concerned about hotel fires, telling them, "Your hotel is smokefree!"
6. MARGARET HAMBURG, NYC Dept. of Health, for Mayor Giuliani--YEA
Ms. Hamburg called the tobacco industry's attacks and surveys "pseudo-science." She referred to the heated battle in 1988 over the law which first set aside 50% of restaurant seating for nonsmokers. That bill represented a huge change in the day-to-day operation of restaurants in NYC, and was considered one of the toughest laws of its kind at that time. She pointed out that none of the dire predictions that were advanced then came true.
Councilmember Aristotle asked at what level can filtration systems reduce risks _enough_. Ms. Hamburg replied, "Any exposure to a carcinogen that can be prevented should be prevented."
Councilmember Harrison said that the air in Flushing, Queens is bad--how possible is it to differentiate damage from the exhaust of cars or airplanes and smoking? Is it possible to pinpoint the sources of bad air?
Ms. Hamburg replied that epidemiological evidence can provide fairly accurate data differentiating second hand smoke from other pollutants.
7. Comptroller ALAN HEVESI--YEA
Mr. Hevesi said that he is indeed concerned about the loss of jobs in the city, and referred to Philip Morris' threat as "blackmail."
He said the bill has been weakened in one sense--the present bill no longer requires separate ventilation for small offices.
However, it has tightened up on smoking in day care centers and schools, and no longer exempts restaurants with under 50 seats.
He quoted Oliver Wendell Holmes, saying you had the right to swing your arm till it hits the tip of someone else's nose.
8. SUNG SU KIM, Korean Small Business Association of NY--NAY
Mr. Kim expressed the concerns of the owners of many of the fast-food/salad-bar eateries around New York, which would be included in the ban.
"How will small business owners (be able to) comply?" he asked.
A City Councilmember asked Mr. Kim to submit any specific suggestions he had.
9. FRED G. SAMPSON, New York State Restaurant Association--NAY
Mr. Sampson said the bill would hurt the $7 billion New York City hospitality industry.
He questioned if the bill was "too much, too soon." No other Eastern state has done this, he said, and 25-30% of restaurant patrons are smokers.
He said a previous hotel occupancy tax was passed over objections it would hurt business, and now many in the Council want to get rid of it. He also cited the 1986-1993 luxury boat tax which added a 10% surcharge on boats costing over $100,000. That tax deeply hurt the boat industry, and had to be repealed.
Mr. Sampson suggested reducing the smoking section to 25%, and then do a study of its impact; if there is no impact, then go ahead and phase out smoking. This was a change from his testimony in June, wherein he said the bill should not exclude restaurants with under 50 seats. "If you do it, do it all the way."
10. SCOTT WEXLER, United Restaurant Hotel Tavern Association--NAY
Mr. Wexler had testified with Mr. Sampson at the June meeting.
He said today that URHTA had been around for 60 years and represents 500 New York City members. He said restaurant owners feel whether to allow smoking or not is THEIR business. He then read a letter from a restaurant owner who wanted to "accommodate our customers who smoke."
Council Chair Williams asked Mr. Wexler who paid for URHTA's ads the previous week.
Wexler replied, "We approached the Tobacco Institute--" and was interrupted by jeers and laughter from the audience.
Mr. Williams said, "We don't want this type of pressure against this body when considering health legislation. . . We take offense to it . . . I don't think you help your cause when you participate in this sort of organization."
Mr. Wexler replied, "We felt we had no alternative."
Councilmember Michels asked how much the ads cost. Mr. Wexler said he didn't know. For a full page ad in the Times, Michels asked, are we talking around $50,000? Mr. Wexler said he supposed so, but hadn't seen the figures, as the ads were sponsored by the Tobacco Institute.
Michels asked how much URHTA's members pitched in. "Not a lot," said Wexler.
Michels said, maybe they don't want to put their money where their mouth is.
Wexler said, maybe they're being taxed to death by New York City.
Michels said, other businesses do stand to benefit from smoking--businesses like Sloan-Kettering hospital and others.
Wexler said, people can choose their restaurants.
Michels said, people can choose their hospital.
Councilmember Wooten said the council is very concerned with business' worries, and, she emphasized, "We are _listening_."
Councilmember John A. Fusco said he'd been a small business advocate all his life, but to try to take a health issue and make it a business issue is insulting to him.
He said his grandfather lost his jaw due to tobacco, and "not one scintilla of evidence has negated these (the studies on ETS) findings."
"This is a health issue, period," he said.
11. REV. CALVIN BUTTS--YEA
JOE CHERNER, Smokefree Educational Services--YEA
DR. WILLIAM CAHAN, lung cancer surgeon, Sloan Kettering--YEA
REV. BUTTS said this was a health _and_ a moral issue. He said efforts against the bill were diabolical and insidious, and that Philip Morris will stop at nothing to promote the "most addictive substance known" and "to keep making money at the expense of our health."
He said this effort to promote and profit from such a damaging product makes the moral issue as important as the health issue.
He said passage of the law will encourage visitors to come to a "progressive city."
JOE CHERNER described his reaction when he read the URHTA ad. First he noted how many times "New York City" and "our city" were mentioned in the ad, and then called restaurant owners he knew. None of them had heard of URHTA.
He started calling information. No URHTA in any of the boroughs of New York City. He finally got their number from information in Albany, New York, a city several hundred miles away.
He asked the person who answered the phone how he might become a member. He was told the Manhattan chapter was "defunct." He asked about Brooklyn. Defunct. Chapters in all the boroughs, he was told, were defunct. "Our representation is upstate," he was told.
Mr. Cherner then said that according to a reporter who had called him, URHTA's radio spots had been done by Young and Rubicam, Philip Morris' ad agency.
Ex-lung surgeon Dr. CAHAN, who called his operating room "Marlboro Country," said he wished those fighting this bill could see someone dying of a smoking-related disease.
Councilmember Michels asked Dr. Cahan if he considered ETS harmful.
Cahan said he did, and cited "lab evidence where smoke has been blown into cages of animals, and cancers formed."
12. ANN SIEBERT, Vermont State Representative (D-Norwich)--YEA
Representative Siebert was the sponsor of Vermont's 1993 Clean Indoor Air act. The first part of the act set aside most public places as smokefree. The next part of the act will come into force in 1995, at which time the only designated indoor smoking areas will be in bars.
She said 16-20 tobacco lobbyists were brought into the state to fight the law, using similar tactics to the ones used here.
She said the National Smokers' Alliance did at least one mailing which emanated from the office of the Senate Majority leader of the North Carolina House.
She also said the Advocacy Institute claims the NSA got its seed money from Philip Morris.
She said the "Vermont Business and Restaurant Coalition," had to be created by the tobacco industry to fight the bill, as pre-existing organizations supported the ban.
She also said the "accommodation program," was a front for the tobacco industry.
€€€13. VITO PITTA--NAY
ANTHONY REMORE--NAY
GEORGE MIRANDA, International Brotherhood of Teamsters--NAY
GEORGE MIRANDA spoke against the bill on behalf of the Teamsters, arguing that banning smoking "in company vehicles occupied by more than one person" was unfair and unworkable. The law, he said, would also apply to the trailer part of the truck, and make unloading unnecessarily difficult.
€€€14. NEAL WASSER, Strangi Brooks & Smith--NAY
DUNCAN HOOP, economist w/ Price Waterhouse--NAY
Mr. WASSER said the proposed law is in violation of Section 18 of the federal Occupational Safety and Health Act.
1. He said Illinois tried to require licenses and training for hazardous waste employees, but these workplace provisions were preempted by the OSHA law.
2. He said section 6 of the Act pertains to workplace safety, and subpart G sets ventilation limits on air constituents, including nicotine.
Workplace smoking provisions exist in OSHA law, and therefore preempt local law.
Mr. HOOP referred to the famous Bellflower survey, and two similar surveys which found restaurant owners estimating serious (9%-29%) business losses due to smokefree laws.
15. PASTON MANESES, Congregorian Enterprises--NAY
Mr. Maneses's company supplies over 100 restaurants. He suggested the 75/25 plan.
16. NY Attorney General OLIVER KOPPELL--YEA
ANDREA LEVINE, National Task Force--YEA
Mr. Koppell and Ms. Levine argued that due to the competitive aspect, restaurants must be totally nonsmoking across the board
The bill, they said, is the next logical step, and they urged the council not to give in to narrow interests.
17. CHRIS BROWN for Manhattan Borough president RUTH MESSINGER--YEA
Mr. Brown emphasized the business benefits of a "level playing field."
18. SIMON TURNER, Healthy Buildings International--NAY
Healthy Buildings International is a consistent testifyer for the tobacco industry, from which it openly receives money. A "whistleblower" lawsuit was filed in October, 1993, which charged that HBI was a front for the tobacco industry.
HBI criticizes the methodology and conclusions of the EPA report on ETS.
Mr. Turner argues that smoking is only a fractional part of "sick building syndrome," and that many other pollutants exist in indoor air which should be addressed first, preferably though a retrofitting of ventilation systems.
Correction: As opposed to the statement in an earlier version of this document, HBI does _not_ retrofit ventilation systems; it does no such work, but rather provides consultation services.19. JUSTINE HALLIDAY, waitress/student--YEA
ELLEN HART STERN, Restaurateur, Ellen's, Stardust Diner, Iridium--YEA
ED BERGMAN, City University of NY, Bronx--YEA
KELLY GRAY JOHNSON, Miss Greater New York--YEA
Ms. HALLIDAY had testified at the earlier hearing in June about the problems she and other waiters suffered working in a small neighborhood restaurant that had no nonsmoking section.
She said that she had begun working as a waitress at 14, amidst thick clouds of smoke in the days before smoking sections.
Since her appearance in June, her restaurant had gone nonsmoking, and most people seemed to like it; the smoking regulars had adjusted, and no business was lost.
ED BERGMAN represented ex-tobacco lobbyist VICTOR CRAWFORD, an ex-Maryland-state-senator-turned-tobacco-lobbyist, who has had emphysema, and lung, liver and throat cancer.
He asked the tobacco lobbyists in the audience to "go home and think about the pain and death you help spread."
KELLY GRAY JOHNSON said she hoped to go on and represent New York in the Miss America contest.
She is a singer and actress, and smoked from 14 till she was 21. She described her problems with ETS.
Councilmember Williams said he was certainly glad to find out who the audience member in the tiara was.
20. DAN HAGGARTY, Pier 93 Rest., Rockaway Beach--NAY
Mr. Haggarty read a part of the 1921 Congressional Record which extolled the benefits of Prohibition, and asked the Council to note parallels.
He urged the council to consider the 75/25 plan, as his restaurant is near "The 5 Towns" on Long Island, and would face severe competitive pressures.
21. CHRIS LUNES--NAY
EVANGELINE BINDER, VP Government Affairs NY Chamber of Commerce NAY
Ms. Binder felt implementation of the law would be too expensive for businesses.
22. SANFORD RUBENSTEIN, Majority leader, Rockland County Legislature
Mr. Rubenstein said that when similar legislation was proposed in nearby Rockland County, "lobbyists twist(ed) arms and (did) all in their power to prevent" it.
He said there was a clear majority for the legislation at the start, but the bill lost by the time the vote was held.
One of the arguments was that there was no such bill in New York City. "Why pass it in Rockland first?"
He said Suffolk County (the eastern end of Long Island) had gone smokefree. New York should now lead the way.
23. IRVING STERN, Local #34250, United Food and Commercial Workers Union--NAY
Mr. Stern said that the UFCWU is a member of the CIO, and the New York City Central Labor Council.
He is against the "one size fits all" aspect of the bill, which he says doesn't make any sense, as it applies to any warehouse, large or small, and ventilation systems are too expensive.
Mr. Stern began running over his time, and though the Council was fairly lenient, he had to be made to leave the stand.
He left angrily, saying, "Well since you've solved all the problems of pollution--!"
24. DON PURCELL, American Cancer Society--YEA
DR. NEAL SCHACTER, American Lung Association./ Pulmonary Medicine, Mt. Sinai Hospital--YEA
ROBIN WILLOW, American Heart Association., w/ Dr. SCHLUGER--YEA
Mr. PURCELL said he had almost produced a Kent advertising campaign in 1964, but had reluctantly turned it down. Instead, he produced the "give 'em a kiss" quit-smoking campaign, which he was proud of.
Dr. SCHLUGER said that lung cancer comes from long-term exposure to ETS, whereas ischemic heart disease comes from long- and short-term exposure to ETS.
25. JOE RUSSO, a Howard Beach Newsstand--NAY
JOHN A. MURPHY of Rockland County--NAY
Mr. RUSSO runs a newsstand in Howard Beach that has been run by 3 generations of his family. He said tobacco is 75% of his business, and he has seen a 60% decline in the last 15 years.
He said his sister has allergies, as does his girlfriend, and neither have problems in restaurants with separate sections.
Councilmember Williams sympathized with Mr. Russo, but, he said, "we must wrestle with health problems."
26. RICHARD CHRISTIE, Brooklyn-Queens Restaurant & Tavern Association.--NAY
Mr. Christie appeared to have come up from Washington to testify. It was unclear if the BQRTA had a Washington bureau, but Mr. Christie said the organization has been in existence since 1936, and represents 3,000 establishments. Mr. Christie said the restaurant and tavern sector was the most highly taxed industry in the nation.
27. JOHNNY TORRES, Caleda Food Marketing Corp.--NAY
Caleda owns a chain of grocery stores. Mr. Torres said that 25 times a day bodega customers come in smoking, and that Hispanic business people are very concerned about the risk of confronting such customers.
28. HAROLD TAYLOR--YEA
ALFRED LAURIE--YEA
ELIOTT EVERETT, City University of New York Board of Trustees--YEA
DIANA GROSS, Gabriel's Restaurant--YEA
HAROLD TAYLOR, speaking through his voice box, warned of the dangers of tobacco
DIANA GROSS made the point that when she brought her restaurant smokefree she wanted:
29. WILLIAM GANERIS, Brooke's 1980 Restaurant in Long Island City, NY--NAY
Mr. Ganeris has owned Brooke's 1980 for 21 years, and is a restaurant consultant for Transmedia. He detests the tobacco industry, but worries about the economic affects of the bill.
30. FANNY HOLIDAY, publisher of Greek Daily & weekly Greek American--NAY
Ms. Holiday worried about a decline in ad revenues from restaurants with ads placed in her newspapers.
31. MS. STRAVINOTES--NAY
Ms. Stravinotes has a restaurant in Manhattan and one in Queens. She worries that she will be forced to close.
When asked about her Manhattan restaurant, she said it seats about 70, and that the non-smoking section is smaller, but has the most people.
32. ROMEO DEGOBI--NAY
Mr. DeGobi had a thick accent and was difficult to follow. He hates the cigarette companies, but is against the bill.
33. DR. BARBARA LYNCH, Institute of Medicine--YEA
JANINE KILBAIN, lung cancer patient--YEA
DAVID RESNICK--YEA
Ms. Lynch was the editor of the recent Institute of Medicine publication, "Growing Up Tobacco Free."
She said 89% of smokers initiated smoking by the age of 18. She feels it is important to establish a "tobacco-free norm," and cited a study that found that most youth mistakenly think that 2/3 of adults and peers smoke.
34. FRIENDS AND ADVOCATES OF THE MENTALLY ILL (FAMI)--NAY
I had to leave for this group's testimony, but I felt their point had been made last June.
FAMI urges a relaxation of smoking rules in mental hospitals. They argue that smoking is sometimes the only consolation for a disturbed person, and that it is unfair to take a person into a hospital while under severe mental duress and to add to that duress by forcing them to withdraw from nicotine "cold turkey."
35. DR. ELIZABETH LEVY--YEA
Dr. Levy said she was "pro-health".
36. HAROLD RUSHMORE--YEA
37. HOWARD WATERMAN, director of communications, Brooklyn Chamber of Commerce--NAY
Mr. Waterman said the business community opposed the bill.
38. DEBRA ZIEFMAN of Restaurant 72--NAY
39. RICHARD LIPSKY, executive,. New York Small Business Association--NAY
Mr. Lipsky is also connected with the Dominican Empire State Beer Distributors, and is a member of the National Supermarket Association and the Coney Island Board of Trade.
He said he had no connection with the tobacco industry. He criticized the "corrupt science" of the EPA report on ETS.
40. SALLY WILCOX, restaurant worker--YEA
41. JO HANSEN--YEA
Ms. Hansen said she has been disabled by ETS.
42. JOHN WILLIAMS, Health & Temperance for 7th Day Adventists--YEA
Mr. Williams said that since 1848, the 7th Day Adventists have been speaking out against tobacco products.
43. ED JOHNSON, Mt. Sinai--YEA
44. MARK MASCARA, Staten Island Chamber of Commerce--NAY
Mr. Mascara feared a loss of business should the bill pass.
45. DR. THOMAS STEVENS, attorney & President of Young Republican Club
Mr. Stevens introduced himself as an advocate for FAMI, and as president of the Young Republican Club.
A short time later, as he was describing his activities as president, Council Chair Williams interrupted him to say, "I've just received information to the contrary."
Stevens: "I've been president since 1991."
Williams: "I'm just saying, I have just received information to the contrary. I'll speak to you later."
46. GENE BORIO, the Tobacco BBS--YEA
At the last session in June the Council had heard from a long line of people who stayed out of restaurants and testified to the fact that nonsmoking sections don't work.The council was told earlier today that the Congressional Research Service found fault with the EPA report. This is not true: two economists--not medical scientists--have found fault with some aspects of the report. The CRS has no official position on the EPA report.
The Council should bear in mind that those speaking from the supermarket segments undoubtedly have very close relationships with food/tobacco companies RJ Reynolds (Nabisco) and Philip Morris (Kraft, General Foods)
That's why you see all those Marlboro handbaskets, in your local Grand Union and Sloan's. Those baskets make walking billboards out of unwitting customers, and contribute to that impression among youth--as just cited by the woman from the Institute of Medicine--that 2/3 of people smoke, and that smoking is normal.
And a beer distributor doesn't deliver Miller Beer? Which is owned by Philip Morris (see Mr. Lipsky's testimony)? Anyone who cries "corrupted science" has been listening to no one but the tobacco industry.
I often pass Ms. Halliday's restaurant but never went in because it was small and smoking. But now I'll try it. There are thousands of other potential customers out there who will come out to eat if they can be assured of a smokefree environment.
Councilmember Freed then spoke to express her own strong views for the bill.47. JOHN SEIRUP, Clean Indoor Air committee for Sierra Club--YEA
Mr. Seirup discussed the provenance of the National Smokers Alliance and the Beverly Hills Restaurant Association.
48. CLAIRE MILLMAN, Alliance for Smoke-free Air--YEA
Ms. Millman urged the Council to heed the famous quote offering succor for those "yearning to breathe free."
49.CHRISTOPHER MEYER, New York Public Interest Research Group--YEA
Samara Rifkin--YEA
50. ROBERT SCHIFF, Stop Teenage Tobacco Addiction--YEA
51. MR. SMITH, restaurateur--NAY
Mr. Smith owns a restaurant in Greenwich Village, and politely asked for a more lenient law.
52. JUDITH GOODMAN--YEA
Ms. Goodman said she has allergic asthma, and has lost a job due to ETS exposure. She is now a teacher for the New York Board of Education. She urged the council to grant no exemption for private offices, as someone else always has to enter them.
53. ARTHUR DORRIN--YEA
Mr. Dorrin said he is for a total indoor smoking ban, even though he represents a company that works on air filtration.
54. CAROLYN MARSTON--YEA
Ms. Marston said that smoke cannot be controlled indoors, and affects everyone.
55. KAREN GEORGE--YEA
Ms. George said that smoking sections just don't work.
56. ALBERT GUNDERSEINDER--YEA
Under present law, workplace smoking is allowed in some circumstances if all present agree. Mr. Gunderseinder said that in practise, "consent is often the result of intimidation."
He said that at his workplace, smoking was allowed in the copier room, but since people kept going in and out, the door was never kept closed.
57. GLORIA OSBORNE--YEA
Ms. Osborne described the emotional and financial loss she suffered when her husband died of lung cancer at the age of 56.
58. TRISH SHRIVER, Associate Dean at Mt. Sinai School of Medicine, Smokefree Westside--YEA
59. JOSEPH FIDEN (?)--YEA
Mr. Fiden is an electrical contractor at a Staten Island public hospital. He emphasized the addictive nature of tobacco.
60. CARMEL BERRA--YEA
61. SHERYL GUTMAN--YEA
Ms. Gutman said there is no real choice in restaurants. She said there are not enough nonsmoking restaurants, and blamed the scarcity on the "fear and ignorance of restaurant owners."
She said nonsmokers are not lobbyists, and are hesitant to complain, because after all, "you're out to have a good time."
But, she said, nonsmoking sections are a joke. She also urged parks to be made smokefree.
62. DIANA GUNDERSHEIMER--YEA
63. MICHAEL SANDERS--YEA
Mr. Sanders is a 2nd year medical student at Mt. Sinai. He visits schools as a part of Mt. Sinai's Healthy Lung Program.
He said that in 13 studies of restaurant workers, ETS has been shown to adversely affect health
He accused the Center for Indoor Air Quality and Healthy Buildings International of being mercenaries for the tobacco industry.
64. PHIL KONIGSBERG--YEA
Mr. Konigsberg presented a petition with 56 signatures of people for the bill. He pointed out the Suffolk county smokefree law goes into effect on January 1.
65.A.J. ELTEMAN--YEA
DR. JEFFREY ??--YEA
The doctor said the involuntary exposure of mentally ill patients and prison inmates to ETS is a violation of human rights.
66. REED PROGOWITZ (?)--YEA
Mr. Progowitz emphasized the need for strong enforcement of the bill.
67. DEL OWENS--YEA
Mr. Owens read a letter from singer Richard Marks, who expressed the difficulties of singing and earning a living in a smoky environment.
68. JENNIFER GAYNOR--YEA
Ms. Gaynor described the smoking-related diseases among the smoking members of her family. She said smoking is banned in movies and theatres with no problems, why not restaurants.
69. JOHN SHACTER--YEA
Mr. Shacter said McDonald's sales have increased since they went smokefree. He also said smoking sections are ignored in the Russian restaurants in Brighton Beach, Brooklyn.
70. CYNTHIA CRAWFORD, New York Minority Beverage--NAY
Ms. Crawford said NYMB is a subsection of National United Merchants, the largest group of African-American businesses in the US.
She said the law is working to everyone's satisfaction, and that business is over-regulated.
THE RESULTS
On December 21, 1994, the New York City Council voted on a weakened Smoke Free Air Act (Restaurants seating under 35, and the bar areas of restaurants were given exceptions). Despite a unprecedentedly massive petition and fax campaign by the National Smokers Association, the measure passed, 36-8.The Smoke-Free Air Act was signed into law by Mayor Giuliani on January 10, 1995, and took effect on April 10, 1995.
Click here for list of restaurants which were for the bill
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