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 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.
FACTORS THAT LED TO THIS
NYS Restaurant Association has helped 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.
writing to the NYS Restaurant Association to tell them to stop
aligning themselves with the enemy. Click here
to see what we had to say to Rick J. Sampson, president of the association.
Shift, Restaurant Group Backs Smoking Ban."
Not only did the legislators
overwhelmingly approve the ban but the sneaky behavior needs to be denounced
They intentionally rammed this through out of nowhere with no time for
fair public comment. As an example, previous searches of the Senate and
Assembly databases by keyword for smoking-related bills failed to produce
Senate bill S3292 or companion Assembly bill A7136. Unless you knew
the bill numbers, the search by keyword ("smoking" or "bars" etc.) was
nothing less than suspicious when it did not produce either of these bills.
In 2002 a similar bill was
defeated. The NY Times reported that the reason given for its defeat
"... tactical errors... advocates had played their hand
too soon, giving opponents time for rebuttal."
What? Giving opponents
a chance to rebut? Who ever heard of such a fair thing?
They "rectified" that "error"
EFFECTS ON NYC LAW
If the state ban remains
as is, it
will supercede the NYC ban. Owner operated bars now allowed by NYC
would no longer be allowed. Smoking "cages" would not be allowed
(not even for the originally set 3 years).
If the state ban is weakened
the NYC ban will remain in effect as it is today.
(good luck finding an owner operated bar -- and no, the city took care
of trying to make employees part owners).
ACTIONS AGAINST THE STATE BAN
that were directed at NYC are now expanded to include the state.
NYC C.L.A.S.H. has begun
a boycott campaign.
Our first ad appeared in Wednesday's March 26th NY Observer. Another
one appeared in Friday's March 28th NY Post. There are a couple of
smaller follow up ads in both papers. You can read the copy of our ads
This boycott is NOT intended
to ultimately hurt our friends in the hospitality industry. But we,
the people, are NOT the hospitality industry. This is a boycott by
THE PEOPLE against a law that has targeted a segment of the population
for such treatment. This boycott is a statement that the people will
refuse to go anywhere the lawmakers have dictated is off-limits to smokers.
This boycott denies them tax revenue by not eating or drinking where we
can't smoke. Finally, as a group, we cannot be taken seriously if
we don't take a firm stand on principle. Show 'em you mean
business by giving 'em no business.
Our motto is Boycotts Break Bans.
NYC C.L.A.S.H. has also filed
a lawsuit against both the city and the state.
WHAT YOU CAN DO
not give up without a fight!
IF YOU CARE ABOUT YOUR RIGHTS
CONTACT YOUR NYS LEGISLATORS NOW!
We’ve got to keep up our
contacts with legislators and the governor. You can call, write, or e-mail,
whichever you prefer.
A web based tool has been
set up -- courtesy of ESRTA -- to send your messages. Go to www.lobbynet.com/stoptheban
and follow the instructions to send messages to your representatives in
support of repealing the smoking ban.
Anyone can use this site
so pass the word around to your employees, customers, family, and friends.
NYC C.L.A.S.H. strongly urges
you to call Senate Majority Leader Joseph Bruno's Albany office
at (518) 455-3191 and Assembly Speaker Sheldon Silver at
(518) 455-3791 to express your opposition.
EMAIL / CALL / WRITE /
Contact your own district
leaders! Use ESRTA's easy
letter format or you can find who your representative
Assembly Member is in just one click by using Congress.org.
Just enter your zip code at the top where it asks and click GO.
All contact information will be supplied.
Contact Governor George
Pataki: Go to Form at http://18.104.22.168/
You may also choose to
the entire NYS Senate and Assembly. Simply cut and paste the
email addresses into your email program: (note
some Assembly Members have no email addresses and are not listed).
VOTE 'EM OUT
IF THEY DON'T SUPPORT OUR RIGHTS
WE WON'T SUPPORT THEM AT ELECTION TIME!
Elections for state leaders
will be held in 2004.
Any legislator that voted
for the state ban should expect a voting bloc of 4 million NY smokers to
tell them that if we’re not given the attention we deserve now, we will
give them the attention they deserve at the polls.
how to register to vote
the vote record of the state legislators
"I'm Not Calling" Cards
AGAINST THE SMOKING BAN
Sign one yourself.
Print one out and have others
Party of NY -- Petition Against the Smoking Ban
"We the undersigned, whether
smokers or nonsmokers, agree with the Libertarian Party that bans on smoking
in restaurants and bars should be overturned. Bar and restaurant owners
should have the right decide whether to permit smoking or not on their
property. The public has the right to choose whether or not to patronize
or work there. The government should not interfere with their choices."
One Out!: Help out in getting signatures to our nanny politicians!
You can also print out a version of the Libertarian Party petition when
you go to sign on-line or choose to use the NYC
"Repeal the smoke-ban
you imposed on privately owned restaurants and bars throughout the state.
Free choice and clean air are not incompatible. Advanced filtration
can achieve both goals. As employees, customers and business owners
-- and simply as adults -- we demand equal treatment."
your printer to landscape for proper printing)
If you are unable to open
the NYC C.L.A.S.H. file,
and request one be mailed to you.
Return completed sheets to
NYC C.L.A.S.H., P.O. Box 1036, Brooklyn, NY 11234
AGAINST THE SMOKING BAN
Conservative Party Kicks Off
Statewide Campaign To Amend Smoking
GRASSROOTS STATEWIDE EFFORT
TO GATHER SIGNATURES
ON POSTCARDS TO AMEND
from Conservative Party Chairman Mike Long: The statewide
postcard campaign is another way for voters to voice their concerns and
let the legislators know that they have gone too far with the smoking ban.
We must make every effort
to amend this bill….our postcards should be available in every local bar,
pub, restaurant, bowling alley, Veterans Hall, Elks Club and every other
place affected by this bill.
The postcards will be available
through our county
organizations or by contacting the Conservative
View our postcards
against the Smoking Ban and then e-mail
us to order yours. Please let us know how many you'll need for your friends
They Voted For the Smoking Ban?
Post Their Names & Faces For All
NO SMOKE - NO
STEP 1: Who
Find who represents the district
where you live and/or own a business. You can determine who represents
you at the state level by going to Congress.org
and entering your zip code in the area provided at the top.
STEP 2: Did
He/She/They Vote for the Smoking Ban?
Determine if your state assemblyperson
or senator voted in favor of the smoking ban by reviewing the vote
STEP 3: Embarrass
He/She/They With a Poster
Once you've determined that
your representative(s) voted in favor of the ban, request a poster from
us that would contain the appropriate name, area of representation and
picture of the representative(s). After you print them out and make copies,
these posters can be hung in windows in your district for all to see and
know who to blame and who doesn't deserve anyone's vote in the 2004 elections.
As an example, preview
the poster for Senate Majority Leader Joseph Bruno
(and for immediate use for those
who live in and/or own a business in Bruno's district)
Want an appropriate poster
for your area? Write
us and tell us which representative(s) are needed for posters in your
If you are unable to open
up Word document files, specify that and include a mailing address so that
we can mail it to you.
for these posters go to members of American Legion Post 232]
NOT CALLING" CARDS
Tell 'em if you can't smoke, you can't
We don't think anyone should
reward the law by eating or drinking out where you can't smoke (again,
see our Boycott
But you might find yourself
in a situation where you have no choice but to enter a smoke-banned place
due to business or social commitments you just can't get out of.
If that's the case you can
let them know, by leaving them a "I'm Not Calling" card, that you found
the experience unpleasant, unacceptable, and that you beat it out of there
as fast as you could:
SORRY, I'D LOVE TO STAY FOR MORE DRINKS,
NOT IF I CAN'T SMOKE.
LAW HAS TAKEN AWAY FREE CHOICE --
IS HOW I CHOOSE TO PROTEST IT.
Can the Ban!
Even if you've been able
to avoid these places completely you can stop in for a second for the sole
purpose of leaving this card.
Its purpose is to let bar
and restaurant owners know that a large segment of their customers remain
unhappy because of the law, not them. It's a reminder that it's not
something we're getting used to and that loss in revenues won't blow over
if they just wait it out -- prompting them to remain or get involved in
efforts to "can the ban."
If you'd like to receive
these cards to hand out, send a self-addressed stamped envelope to:
P.O. Box 1036
Brooklyn, NY 11234
RESULTS & REACTIONS
ONE CASUALTY OF NOTE
The Empire Brewing Company
closed their doors in Rochester, New York today [9/3] with no advance notice,
citing lack of patrons due to New York's anti-smoking laws as the reason
for the sudden closing. Their departure left the City of Rochester
holding the bag for a $400,000 balance on a government backed loan, not
to mention unemployment of the workers and loss of real estate tax income
from abandonment of the property.
VETERANS SPEAK OUT
The recently enacted NY
Anti Smoking Law is an insult to every veteran and is having a severe financial
impact on many many post, Legions and VFW's here in New York. Regardless
of how you feel about smoking positive or negative we must stand together
and protect the financial interests of our posts. I have been doing
informal surveys of as many posts Legions and VFW's as time allows. Invariably
those posts that are abiding by the law are for the most part suffering
severe financial downturns -- one post in particular in Madison County
has reported pulltab sales down by over 70 percent. We all know that
the money from pulltabs supports the many charities we sponsor as well
as some post expenses. Bar revenues are down DRASTICALLY at these
We as veterans should
have the right to determine our own destinies in our own posts. Ladies
and Gentlemen we all stood shoulder to shoulder side by side at one time
or another. We suffered hardship and loneliness and gave of ourselves
in the name of democracy and freedom. We must now stand shoulder
to shoulder again. Every veteran and spouse should write their state
assemblyperson and state senator as soon as possible and let them know
that we feel that we should be exempt from this insane and devastating
intrusion on our right to govern our own clubs. If we fail to stand
as a group it is just a matter of time before we start to see posts starting
to close for inability to make expenses. No doubt the people in Albany
would like nothing better than to see us falter as a group and lose what
little political influence we have left. We need to show them that
we are still strong and viable, and are a force to be reckoned with.
WILL YOUR POST BE THE
FIRST TO FALL??? Once we get too deep in the financial hole it will
be too late for some to recover. Again, regardless of your personal
feeings on smoking we all must rise above them and work towards the greater
goal of insuring our mutual survival.
At the minimum we should
NOT let any elected official who voted for this law - address any gathering
of ours. Why should we give them the luxury of addressing us and
giving us "lip service" and looking for our votes when they have had a
direct hand in thumbing their nose at us. Let them know that WE VOTE
and that our stance will be NO SMOKE -- NO VOTE. No right to
self determination in our clubs -- NO VOTE.
I will tell you this -
here in Central NY, Ray Meier (who is a VETERAN no less) and
Nancy Hoffman and Seward - our local senators all voted FOR the smoking
ban and "sold us out".
In the Assembly only Magee
and Townsend locally voted against the smoking bill (FOR US) while Destito
and all the rest of the local reps voted for the law (against us).
We should thank Mr Magee and Townsend for supporting us and let Ms. Destito
and the rest know how we feel and won't forget that they sold us out.
Are we as veterans going to allow ourselves to be treated as social outcasts
at our own posts. Relegated to standing out in the cold in the winter
like social vermin outside the very doors of our posts?? My God I
A side note - the NYS
Conservative Party came out today and told Pataki and the legislature -
dems and republicans that this law is WRONG and will withold it's support
to all those that supported it and told them to "Look over their shoulder
come next year's election. I am attaching a link to the Albany Times
article on this for your reading. Should we not support the NYS conservative
party with our membership for supporting us?? I am changing my voter
registration tomorrow based on this. Maybe when the Repubs and Dems
see their registered voter rolls leaving en masse they will get the hint.
I ask you to follow me on this. If you have questions or need more
info please email me. Please pass on this email to everybody you
can think of. Maybe it is time we had a "million veteran" march on
Here is the link: http://www.nypost.com/commentary/5204.htm
For God and Country, for Democracy and Freedom of Choice
Rich - Member of Helmuth Ingalls Post 232, Franklin
Member of American Legion, VFW and DAV.
If anyone would like to email Rich and lend your support you can reach
him at email@example.com