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Has NYC Gone Too Far By Banning Smoking In Parks?

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Smoking (credit: AP Photo/Peter Morrison)

Smoking (credit: AP Photo/Peter Morrison)

NEW YORK (CBSNewYork/AP) — The smokers of New York huddle in phone booths, hurry down cold streets and hover at office-building doorways during breaks, puffs of smoke giving them away.

They are an endangered breed. Their numbers shrinking through loss of habitat, come summer they will have even fewer places to light up as a ban on smoking in parks, beaches and public plazas goes into effect — including Central Park and swaths of tourist-packed Times Square.

Smokers have yielded as places to puff have diminished over the years, but many of them and even some nonsmokers are saying the city has gone too far this time. Health experts disagree on the hazards of a whiff of smoke outdoors, and critics argue cigarette smoke is just one of many nuisances to contend with in a crowded city. They also question whether the city is trampling on civil liberties.

“I think they’re getting too personal,” said Monica Rodriguez, smoking a Newport at a phone booth near a pedestrian plaza south of Times Square. “I don’t think it’s OK. They’re taking away everyone’s privileges.”

Even Whoopi Goldberg spoke out against the ban on national television, noting shortly after the City Council approved the ban that inhaling exhaust fumes from the city’s fleet of taxis and buses isn’t exactly healthy, either.

“There should be a designated place, and I’m tired of being treated like some damn criminal,” said the co-host of ABC’s “The View” during the show’s Feb. 3 broadcast. “If they’re really worried about the smell in the air, give us electric buses, give us electric cars, and then I’ll understand.”

The city health commissioner, Thomas A. Farley, said the ban is aimed at protecting the most vulnerable, such as asthma sufferers who are susceptible to respiratory attacks from exposure to secondhand smoke; children who might pick up smoking after seeing adults with lit cigarettes. It’s also meant to reduce litter.

But most of all, he said, it was about ensuring that the city’s 14 miles of beach and more than 1,000 parks were free of the nuisance and open to all.

“Parks and beaches are special places that anybody should enjoy,” he told The Associated Press in a recent interview.

The City Council approved the bill Feb. 2; the mayor has 20 days to sign it. A separate bill that would have set aside smoking areas in parks did not pass.

Those who break the law could face fines of $50 per violation. But instead of active enforcement, the city will rely on signs and social pressure, said Jessica Scaperotti, a spokeswoman for Bloomberg.

“We expect that this will be primarily self-enforcing,” she said. “There is a lot of public support.”

She pointed to a 2009 Zogby poll commissioned by the New York City Coalition for a Smoke-Free City that surveyed 1,002 residents over landline phones and showed that 65 percent supported a smoking ban in parks and beaches.

The measure continues a nearly decade-long effort under the mayor, a smoker-turned-anti-tobacco crusader, to reduce smoking through public policy.

The cornerstone of his administration’s strategy has been an indoor smoking ban in all workplaces, including bars and restaurants. In 2010, the city issued 85 violations to bars and clubs that flouted the ban, the Health Department said.

The city has also tried to snuff out smoking by raising taxes on cigarettes, helping the price of a pack soar to $11 or more; through a public education campaign that has featured grisly images of diseased lungs; and by offering free nicotine patch kits for smokers to help them quit.

The Health Department argues that its tobacco-control strategy saved an estimated 6,300 lives between 2002 and 2009, mostly from a reduction in cardiovascular and respiratory diseases, as well as cancer. The smoking rate dropped 27 percent during the same period.

But the department says smoking continues to be the city’s leading cause of preventable death. A city study published in 2009 found that residents are exposed to more secondhand smoke than the national average, he said.

The hazards of secondhand smoke are well-documented. The U.S. Centers for Disease Control and Prevention says there is no safe level of exposure. But how secondhand smoke contributes to environmental hazards outdoors is an emerging area of study.

Dr. Michael Siegel, an expert on the public health effects of smoking who testified in support of the city’s indoor smoking ban, said science may not support the idea of smoke-free beaches and parks.

“I disagree that there is a scientific basis for banning smoking in wide open outdoor spaces where people can easily avoid exposure,” said Siegel, who works in Boston, where the City Council is proposing a similar ban. “Some of the health groups have been exaggerating the evidence.”

In one of the few published studies on outdoor tobacco smoke, scientists at Stanford University said in a 2007 paper that smoking outdoors might be considered a “hazard” or “nuisance,” including when “eating dinner with a smoker at a sidewalk cafe, sitting next to a smoker on a park bench, or standing near a smoker outside a building.”

“If one is upwind from a smoker, levels most likely will be negligible,” the authors wrote.

With such strict bans, the tobacco-control movement may be in danger of losing its credibility, Siegel said.

“The public is going to just think of us as these zealots who want to ban smoking everywhere,” he said. “It’s going to make it even harder to pass legitimate smoking regulations in states that don’t currently have them.”

The American Nonsmokers’ Rights Foundation counted more than 450 municipalities with policies of smoke-free parks and more than 200 with smokeless beaches, including Los Angeles.

And there are signs that anti-smoking ordinances could get tougher in the future, with some communities extending bans into private homes, especially apartment buildings where secondhand smoke can permeate into other units. In New York City, especially during the summer, places like Times Square and Central Park get packed with humanity, making exposure to secondhand smoke a distinct possibility.

On a recent winter day in Bryant Park, in midtown Manhattan, a few hardy souls braving the cold gave the ban a mixed review.

Katie Geba, 19, said a smoke-free park would be a blessing.

“I don’t like the smell of it,” said the college student, reading a book at a table in a patch of sunlight. “At the same time, (the ban) infringes on your right to do what you want to do.”

Monika Solich, 31, of Queens, said she could understand banning smoking in enclosed spaces like bars and restaurants.

“But this is an open space,” she said, incredulous, as she sat at a table, smoking a Marlboro and sipping coffee.

“I mean, what’s next? Ridiculous. Where are they going to ban next?” she said. “There should at least be an area for smokers where we can smoke.”

(TM and Copyright 2011 CBS Radio Inc. and its relevant subsidiaries. CBS RADIO and EYE Logo TM and Copyright 2011 CBS Broadcasting Inc. Used under license. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.)

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  • http://masonjefferson.wordpress.com Mason Jefferson

    masonjefferson . com words move nations

  • John Boy

    Don”t tax a product that you don’t allow people to use. Very simple, stop the Billions Taxes and let the runners, tree hugers, et all pickup the loss in revenue.

  • CommonSense

    The law doesn’t go far enough. The habit is disgusting and lethal. All smoking should be banned. Everywhere.

    • melody

      i think people like you are disgusting.

      • John

        I agree with melody. People like “CommonSense”, which I doubt truly applies to him or her, are disgusting with their sanctimonious attitude towards smokers, a priggishness that somehow never seems to apply to their own less than appealing habits or traits.

      • badman

        CommonSense may be disgusting, but your smoker’s breath is worse.

  • r. nail

    ok so support is considered 650 people out of a population of 6 million
    which comes to a miniscule fraction of somewhere around one ten thousanth of 1 ONE PERCENT of the population of the 5 boroughs of nyc were in favor of the law to pass. wow and i don”t even smoke…. so what’s all this I hear about this democracy stuff. oh, that’s right we’re a republic that wants to democratize the world so they can have a voice in public policies. so either the academy award goes to….. or i am SO confused.

  • Hubert Hernandez

    Smoking is a disgusting habit that is unhealthy. Why anyone would want to smoke is beyond me. Why anyone who smokes now wishes to continue smoking knowing what we know about its health risks is beyond me. People, light up your minds, not your cancer sticks. Your hearts will thank you and so will I.

    • Extra Ordinary Larry

      Not the point, Hubert. It is an issue of personal liberties and the continued destruction of the US Constitution. The government is overstepping its bounds here. It seems that many things may be “beyond you”.

      • badman

        give us your enlightened legal insight. Larry. where in the constitution does it specify smoking as a personal freedom? pretty obvious that any serious discussion of constitutional law is “beyond you.”

  • Joemama

    “But most of all, he said, it was about ensuring that the city’s 14 miles of beach and more than 1,000 parks were free of the nuisance and open to all.”

    “Except for you damned, dirty, stinkin’ cigarette smokers!!!”
    F U and your civil rights is want Mayor Blunderberg says.

  • Steve

    I don’t smoke,never did and hate smokers blowing smoke in my face and realize how harmful it is. But let’s give smokers a break. If they want to kill themselves by smoking, let them. It’s no big deal if they smoke outside; it doesn’t really harm us, the nonsmokers.
    It’s the cigarette butts left on the beaches and sidewalks that annoy me and cause a litter problem. Let’s fine them for littering, not for smoking on the beach and in parks.

  • Robert

    Talk about the dumbing of America! I read an article that a jogger who jogs around Central Park for an hour breathes in the equivelant of a carton of cigarettes. This is from the pollution. Hey Americans, when you are in a parking lot and people are starting their cars, how much pollution are yopu breathing? Why don’t our concerned Government go to gasohole? Because the guys who own the oil fields own the government. The bottom line is “nicotine interfares with the action of prescription drugs”! The guys who own the Big Pharma, who own the Big Banks we just baikled out, also own the media and the prostituted governments.

  • Ziomek

    Hahaha New York Ghetto Citi :P

  • Mari

    People’s rights and smoking have absolutely nothing to do with one another. Smoking is a habit someone decides to start. Maybe it is somewhat extreme to ban it in Central Park and Times Square though. They are both open spaces…outside for goodness sake and there are plenty of areas to move around and not be subject to cigarette or cigar smoke. Where is the sense in banning smoking in an open space…? We’re more at risk because of vehicle pollution, which was previously mentioned,than anything else…. I absolutely hate being around smokers, when they’re smoking, so if they can have their own, closed section, like in airports, there’s no harm. They can relish in their smoke.

    • John

      Really? So when I see you open a Snickers, a bag of potato chips, go into a pizza shop, feed McDonald’s to your children, drink a diet (or regular) Coke, or any of the myriad things you do (even if you don’t do any of the above) that are also not healthy and certainly a choice, if I (or a group of my city council members) decide that it’s not healthy for you to do and fine you for it, you’re going to be fine with that?
      I suspect not….then it will certainly become an issue of personal rights, and not just a “habit someone decides to start.” You make decisions every day that are not healthy decisions, but because these decisions don’t have the stigma (YET) that people have forced onto smokers, no one is coming for you and your habit or choice. Again, YET.

      • badman

        yeah, really. and if while I eat my Snickers you let me fart in your face, then I understand your moral outrage. if not, then suck it up and realize that smokers are finally the pariahs they should have been all along.

  • Undecided

    I’m undecided on this issue, but the article was pretty biased against the ban. In addition, every argument that was made against the ban was pretty dumb. Saying things like it’s just one of several pollution hazard sin the city doesn’t mean that it should be left alone. You tackle one thing at a time. Keeping cigarettes out of parks should make everyone healthier, even the smokers, but perhaps the best strategy is to continue raising prices.

  • Vic Redtail

    Correction:
    I think the city has gone too far with this smoking ban. I wonder how many people that have voted “YES” in favor of the ban drives a car, use taxi cabs or air planes to travel like the mayor. These vehicles and planes dump tons of toxic vapors on the city on a daily basis. And since the mayor is so health conscience, what is he and those that voted “YES” going to do about that?

  • BAN NYC SIDEWALK SMOKING

    They should ban smoking on the city’s sidewalks too. There’s nothing worse than being stuck walking behind a smoker on the sidewalk in New York. You can smell and inhale the smoke down the entire sidewalk, and it’s disgusting, but smokers don’t seem to care about all of the other people who have no choice but to share in that smoker’s disgusting habit / addiction, simply because they are walking down the street. BAN SMOKING ON ALL NYC SIDEWALKS.

  • Finally!

    I fully support this ban. If you’re outside in the park enjoying yourself, why do you have to smell someone elses decision to smoke? There have been so many times when I’ve ran around Central Park only to suddenly stop and start choking due to people smoking near where the runners are. Your decision to smoke shouldn’t effect the people around you that don’t smoke. I understand that some people are upset that their civil liberties are being threatened, but non smokers who feel ill from the smell/don’t want to be around cigarettes, finally get their civil liberties back.

    • Unreligious

      Might have a little sympathy for you if the runners ever showed any consideration for anyone else. They expect everyone to move out of their way. They run in the bike lanes. They wear headphones so they can pretend not to hear anyone else and therefore ignore everyone else.

      • Finally

        I generally used to run on Jacqueline Kennedy Onassis Reservoir and people would smoke there…that’s pretty much a runner/walking/work out space.
        But it’s not even about working out, if I’m at the park, I want to experience some form of nature, not cig smoke.

  • NYC

    Hitler is in power

  • Patrick

    Has a plaintiff ever won a case in court suing a defendent that a person was killed because of second hand smoke? If the city would ticket the litterers of cigarette butts, it would most certainly give the smokers a kick in the “butt.”

  • Les

    I_am_a_smoker(even_tho_I_quit_2_years_ago).I_pay_taxes.I_vote.I_didn’t_vote
    for_the_glorified_midget_the_last_election.He’s_a_pompous_fool,with_a
    one-track_mind–end_smoking.Clean_air?Walk_behind_a_bus_in_any
    neighborhood–is_this_like_walking_behind_a-smoker?I_think_not.You_want_to
    protect_people’s_lives,clean_the_streets_of_double-parked_cars_so_EMS
    vehicles_can_get_thru.Stop_the_smoker-harassment.

  • Michael Sedgley

    I’M 66 AND HAVE NEVER SMOKED. BUT I LIKE TO DRINK A LITTLE BEER, INCLUDING IN PUBLIC PLACES. DESPITE THE LESSONS THAT SHOULD HAVE BEEN LEARNED FROM THE PROHIBITION ERA I’M FEARFUL THAT THE ZEALOTS WILL NEXT WANT TO COME AFTER ME, TOO. AND AFTER THAT THE TEA PARTY TEETOTALLERS WILL DRIVE TO ESTABLISH THE CHRISTIAN REPUBLIC OF AMERICA MODELED ON ISLAMIC IRAN! AMERICANS, COME TO YOUR SENSES BEFORE IT’S TOO LATE!! TAKE TO THE STREETS IF NECESSARY TO DEFEND OUR RIGHTS AGAINST THE ZEALOTS!

    • Tracy

      Tea party Teetotallers? I support most of the tea party agenda and nowhere have I seen anyone want to establish one religion over another. I believe you’ve been watching too much mainstream media. Most tea partiers want the Constitution’s checks and balances used as our founding fathers intended. Precisely, so we don’t end up as a socialist or communist regime.

      • lorene

        There is more than one kind of regime. Like the kind where 1% have all the power and money.

  • Vic Redtail

    I think the city has gone too far with this smoking ban. I wonder how many people that have voted “NO” in favor of the ban drives a car, use taxi cabs or air planes to travel like the mayor. These vehicles and planes dump tons of toxic vapors on the city on a daily basis. And since the mayor is so health conscience, what is he and those that voted “NO” going to do about that?

  • Jackson

    I completely agree with Laura-Jo and Marie H Heyne. Enough is enough.

  • Morgan

    Dont want people to smoke??? Solution is SIMPLE! STOP MAKING CIGARETTES!

  • Laura-Jo

    When I started to smoke a pack cost .50! Now it’s $10.! The teachers and the students had a smoking room in the school. There were ashtrays at the dentest, and doctors office, and in the hospital. People smoked after they ate even at McDonalds. In the movies both on and off the screen.
    I can see making “THE SMOKERS’ go out side but please enough is enough with the regulations.

    • nom

      i agree 100% its becoming a commnuist regime

      • stephen

        If they are so conceren (the city) why not just stop the selling of cigs.. or treat it like pot. I am a smoker and this is getting crazy. I do understand the non-smokers but dam!!!!!!!!!

  • Marie H Heyne

    There are some fools out there, you know who you are, who think that smoking should be banned even in your own bathroom with the fan on, yet, those very same idiots will run along the west side highway, lungs wide open and blame smokers for their cancers, they live in high rises in big cities, open their windows for “fresh air” and blame smokers for their cancers. I am so sick and tired of those very same people voting for policies to abolish the rights of AMERICANS who have their rights currently being peed on. I can understand not smoking in restaurants, although that was a beautiful thing. I can understand not blowing smoke in babies faces, but parks and beaches??? get real. or move to the mountains where the air is trying to stay clean in spite of your SUV’S, YOU KNOW WHO YOU ARE. You shop at whole foods, you dine at cute little restaurants. I am a former smoker, and not because of your ridiculous policies and attempts at control.

    • lorene

      Lol…so true. How ludicrous it is to move to NYC and complain about second hand smoke. Who is kidding who? It is all about CONTROL, let’s face it.

  • J. Kalloo

    I AM A NON SMOKER. IT IS WRONG TO REMOVE PEOPLE’S RIGHTS.
    I WANDER IF THIS IS A NEW FORM OF A DICTATORSHIP, THAT THE POLITICIANS WANT TO RULE OUR LIVES.
    WHEN THE POLITICIANS ASK US TO JUMP, WE WILL HAVE TO ASK THEM HOW HIGH?

  • PO’ed!

    THIS IS BLOOMBERG’S PERSONAL CRUSADE. HE IS A PIECE OF SUB-HUMAN TRASH!

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