More ashtrays will disappear from New York's restaurants, if City Council Speaker Peter Vallone gets his way.

Vallone, who is running for mayor, is clamping down on smokers.  He introduced legislation last Wednesday to ban smoking in the bar areas of all restaurants, unless the bar is a separate room.  Vallone called the bill "another major and critical step in making New York a healthier, safer, and cleaner city."

Vallone's new legislation would tighten the restrictions made by the Smoke-Free Air Act of 1995, regardless of the restaurant's bar size.  If the new provisions are adopted, smoking will only be permitted if the bar is a separate and designated room.

The proposal would affect all establishments that receive at least 40 percent of their sales from food service.  Under the law, 40 percent creates a distinction between "bars" and "restaurants."

Under the current rules, patrons can smoke if the bar is at least six feet away from the dining area.  Vallone's provision eliminates the distance provisions and would ban smoking at these establishments.

Audrey Silk, founder of New York City's Citizens Lobby Against Smoking Harassment (CLASH), said she felt sick and couldn't finish her lunch when she heard about the new proposal.

Last February, Silk attended a hearing where Vallone promised he would not attempt to strengthen the current rules.  According to Silk, Vallone claimed he held hearing to "review the new policy," not to consider more restrictions.

To Silk and CLASH's members, it's clear Vallone wasn't just reviewing the policy, he was getting ready to ramp up the restrictions.  And one year later, their fears came true.  Vallone is no longer reviewing the law, but proposing to change it.

Donald Distasio, CEO of the American Cancer Society in New York and New Jersey, praised Vallone and said, "3000 people a year die from lung cancer just because they breathed n someone else's cigarette."

"Three thousand," Silk said with surprise.

"They make these numbers up.  Every study on secondhand smoke is based on statistics," the head of the smokers group said.  "Statistics is not science.  It's the biggest lie going."

Dan Klotz, spokesman for the American Cancer Society, defended the figures.  "They come directly from the EPA," he said.  Secondhand smoke, according to Klotz, is a class A carcinogen and was first classified as such under the senior Bush Administration.

"Secondhand smoke has killed more people than any other class A carcinogen." Klotz said.  Asbestos, benzene, radon and arsenic are also classified as class A carcinogens.

"You wouldn't want to walk into a restaurant and have asbestos hanging over your table," Klotz said.  "It's the same thing."

Silk represents New York City smokers who are fighting to prevent the city from adopting laws like the ones in California.  Instead of California, "we call it kooky-fornia," she said.  According to Silk, California has passed laws banning smoking in bars, on the beach, and even on some streets.

Silk admits that smoking might annoy non-smokers, but she maintains smokers have rights too.  "No one has the right not to be annoyed," Silk said.  Vallone and the anti-smokers, Silk said, think "we don't want to be bothered, we we are going to bother you."

"It's certainly within an individual's right to breathe in any poison they want to," Klotz said.  It's not within their rights to expose others to that poison."

The only acceptable segregation for smokers, Silk said, is to have a designated smoking section in the eating section of restaurants.

Silk's group (nycclash.com) is a not-for-profit grassroots organization which does not accept contributions from tobacco companies.

NYC C.L.A.S.H.  responds to the claims made by the American Cancer Society spokesmen in a letter to the editor.