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NYC Taking ‘Inform On Your Friends’ Approach To Outdoor Smoking Ban

If You Light Up You Better Look Around, But Not For A Cop

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A man holds a cigarette - Dec 15, 2008 - Photo: Justin Sullivan/Getty Images

A man holds a cigarette – Dec 15, 2008 – Photo: Justin Sullivan/Getty Images

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Reporting Marla Diamond

NYC Is A Strange Place

NEW YORK (CBSNewYork) — Don’t even think of smoking in New York City parks and plazas or you’ll get burned.

The city’s outdoor smoking ban went into effect Monday, but in one park officials took a “make love not war” approach to banning the butts, reports CBS 2’s Marcia Kramer.

WCBS 880′s Marla Diamond: Pedestrian Plazas Are Included In The Ban


At Bryant Park the sign reads “smell flowers not smoke.” People who lit up there Monday were handed a flyer with the same message as officials of the privately operated public park took a gentle, 1960s-ish approach to the start the city’s outdoor smoking ban.

Smokers were told:

“Are you aware that this is the first day of the new no smoking law? So we’ll let you continue today but please don’t come back and smoke in the future,” said Daniel Biederman, president of Bryant Park Corp.

Make no mistake, the city is serious. Get caught smoking in a park, on beach, in pedestrian mall or a sports stadium and you’ll get a $50 ticket, but officials hope calling a cop won’t be necessary.

“This will mostly be self enforcement,” Biederman said.

You’d think normally aggressive New Yorkers would have no problem telling their neighbors to put it out, right? Wrong.

“This is New York. What? Are you crazy? No, not gonna tell them not to smoke,” said Brian Hoke of the Upper West Side.

“I probably wouldn’t say anything, but I’ve never liked smoking in the park. It always bothered me. I usually just get up and move,” added Joan Frudden of New Hyde Park.

“I would say something, definitely,” said Max Rutten of Gramercy Park. “I would remain very calm and polite.”

Audrey Silk, of CLASH — Citizens Lobbying Against Smoker Harassment – said she worries about this self-policing aspect of the ban.

“Citizen on citizen, inform on your neighbor,” Silk said. “They’re inviting hostile confrontations. I’m not encouraging violence or suggesting it or condoning it, but human nature is when you have confrontation in the street, arguments get heated and things will happen.”

Smokers are not taking the public ban lightly. On Saturday they’re planning a smoke-in at Brighton Beach.

People are decidedly torn over the legislation.

“It infringes on my rights! Outside? You’re not hurting anyone,” said smoker Caroline Britt.

“Guess I should put it out, huh?” lamented smoker Mark Gotham.

Others support it.

“I think it’s great,” said non-smoker Roberta Guerette. “I don’t like smoking and I don’t like smoke around me.”

“I think it’s great cause there’s nothing worse than when you’re walking behind somebody or sitting here in the chairs and the smoke is just billowing into your face,” said non-smoker Dave Taylor.

It’s part of Mayor Michael Bloomberg’s anti-smoking initiative that began with banning smoking in all bars and restaurants eight years ago.

1010 WINS’ Steve Sandberg reports: Infringing On People’s Rights?


“It’s a forced health habit and I think it’s great,” said smoker Al Cascarina.

Thirty-five states, including New York, ban smoking indoors in places like bars and restaurants, but only Los Angeles and Chicago have tackled the outdoor ban.

This law, however, goes much further by making it illegal to light up in many outdoor places, virtually any place under the jurisdiction of the Parks and Recreation Department.

“It’s almost like a dictatorship, telling us we can’t do that,” said smoker Frank Zieran.

1010 WINS’ Stan Brooks reports: Lights Out For Smokers


The new law was aimed at drastically reducing exposure to secondhand smoke, but city health officials also want to stop a new generation from picking up the habit.

“I mean, I have a family so I understand why you shouldn’t but I also believe in freedoms,” said smoker Ahmad el Sayd.

“I feel like everywhere I go, people are outside smoking because they can’t be inside, and I have to steer my stroller out of the way of secondhand smoke,” said non-smoker Shar Dorfman.

If caught breaking the law, one will be fined anywhere from $50 to $250.

Still, many defiant smokers said they’ll take their chances.

“I’m a smoker. That’s my choice. It’s not going to make me stop,” said Zieran.

Does this new law go too far? Sound off in our comments section below…

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  • overtaxed

    While smokers have been pushed out of the bars ,restaurants and now public parks onto the street, may some of those out there applauding this be reminded that the excessive tax paid to the city and state are subsidizing the parks that smokers are now prohibited from.

  • Sal

    I am a non-smoker but if the government REALLY cares about second hand smoke, ban smoking and make cigarettes illegal. They won’t do that because cigarette tax brings in mucho bucks.

  • Joseph Didonato

    this is a stupid law!!! the cars and trucks exhaust is way worse than second hand smoke, NYC just needs the money from tickets!!!

    • Jose Berberena

      excatcly

  • kmd

    love how communism is slowly making its way into our nyc life…

  • Seymour Carcinoma

    The lung is muscle, it needs exercise. Smoke up and be strong.

  • badman

    exposing others to your own tobacco smoke is not a constitutional right.

    smokers, if smoking means that much to you, go find a place that’s sealed off from the rest of the world, and knock yourselves out. you could all swim around in each others’ smoke like fish in a tank.

    you’re in the great minority, and you’re idiots for smoking in the first place. get over it.

  • Dave Turner

    Hi to you over there, I agree with the ban they should have it here in the U.K to
    We have a ban indoors so you get people outside smoking, not much fun walking through a wall of smoke.

  • Kiki

    I agree it is annoying to have smoke blown in the air, but forbidding public air for only smokers isn’t right. Smokers don’t have the right to smoke indoors and now in public areas? These laws are completely against smokers and going against “All men are created equal.” This law is the stepping stone to “All men are created equal, but some more equal than others.”

  • DP

    New Yorkers seem to be famous for wanting laws (“D’ere aughta be a law”), as well as being famous for their pride in breaking all those laws. In this case, hizzoner says we shouldn’t expect this law even to be enforced, beyond giving license to scowl at your nieghbors. Petitioning gov’t for grievances has become a part of a game of political affiliation, as each side seeks to bring people under their parties’ umbrellas. It seems people petition for their rights, and the other side demonizes that group, suggesting they don’t deserve those rights (as if that makes those rights null and void)… sort of a witch hunt. So, pick your favorite underdog: smokers, gays, gun owners, immigrants (legal or otherwise)… its a long list. How often is the principle that the government is obliged to protect the rights of all of these people, whether the rights are enumerated or not, ever come up in the debate?

  • edward

    This goes beyond the bounds of supression.Indoor smoking bans are one thing but outdoors is highly questionable. One can’t imagine that smkoking could be any worse than the exhaust fumes that surround the new pedestrian plazas in the middle of Times Square and Broadway.Certainly the parks and beaches are large enough that they could have had smoking permitted/prohibited designated areas.
    What’s truly absurd is thecity’s admitting that these new restrictions are as likely to be enforced as jay walking; so why even bothe

  • pughpah

    All of you smokers are whining about your right to smoke, but have you thunk
    of our right to clean air? It’s really annoying to be walking along, enjoying the sunshine, the fresh air, and walk right smack into your damned nicotine wall. It makes the hair on my arms stand right up, my lungs actually ache, and I start to retch. Stop being so damned selfish and have some consideration for your
    fellow man. It must be really excruciating to peeps with sinus, allergies, and asthma. Man up, grow up, and have some compassion for the rest of us. smokersodysseycom

  • nyc

    Wonder what Bob Dylan’s reaction is to sooo many new laws against people’s freedom’s ! There was a time.

  • John D.

    I don’t like the smell of cigarette smoke on or around me but, that does not give me the right to tell someone else what to do. Civil Rights…hello Freedom is the reason our forefathers came to this country in the first place. If you want to live in a country that tells you what to do every second, there are many communist countries that are still in business…. FREEDOM of Speech too !

  • Colleen

    I can’t stand smoking – second hand smoke included. I tolerate it because i have friends who smoke. What I DO NOT tolerate is mothers and fathers who blatantly smoke around their little children. Pushing baby stroller and puffing on a cancer stick. Give me a break… wait until you are home and child is in bed before you light up.

    As far as the argument about the exhaust on cars etc – is that cancer causing? (seriously now – I am asking) Is it right in your face…. are you breathing it in… (for more than a few seconds…)

    Again – it is one thing to smoke around adults etc – but to tarnish the lungs of your children because of your filthy habit… not good, selfish and stupid…
    I once saw a father zipping his kids’ jacket up at a bus stop while a smoke was i his mouth. I mean PUH-LEEZE! That in itself was absolutely disgusting.

    my 2 cents…

    • lev

      So pushing a baby stroller, outside, while smoking a cig is a health hazard to the kid(s)? In a car, sure, but outside? The same with that terrible parent who had the audacity to smoke, again outside, while zipping up the coat. Yes, I agree, PUH-LEEZE, Colleen, stop.

  • No Brakes

    @lev – Are you seriously going to retort with an argument so full of holes? While I certainly empathize with smokers needing a place to do so, it should not be at the expense of other’s health and comfort.
    Hole#1: Exhaust – how are jogging and sucking in CO2 inter-linked? Either way it happens. Additionally, most state governments have made huge strides to reduce amount of emissions at all levels from autos to industrial plants.
    Hole#2: – Eating habits: This is completely irrelevant to the point of these laws. The laws are to protect people from damage that others cause. Most people’s eating habits do not directly impact others as smoking does.
    Hole#3: – An occasional drink: Actually, it has been shown that an occasional drink can have health benefits. From such things as heart health, to reduced risks of stroke and age related dementia.

    I understand you may have a special agenda as a smoker. I absolutely can empathize. But I’d suggest looking for support within your local government to find solutions such as increasing amounts of designated smoking locations that do not impact non-smokers but are easily accessible to smokers. The last thing I’d want to do is work with someone that really needs a good smoke break. We all need a release and I feel that it is your choice how you find it and respect that. However, I think that if you are to argue your case, it would really benefit you to get your facts straight and rather than point your finger at someone else, find a collaborative way toward a solution.

    • Cos

      No Brakes: FYI, when excersising, your lungs draw in more air to increase the flow of oxygen to the rest of your body. This is done to provide as much oxygen-enriched blood to your extremities. During this process, any amount of polution is now capable of ‘poisoning’ your body. Although you may not have lifted a cigarette – let alone, be near a smoker – your entire life, the carbon monoxide will now take place of all that.

      Also, some foods – specifically vegetables (i.e. broccoli) – have been known to cause cancer. I’ll admit that the research behind this is questionable, it does raise an eyebrow. Thus, you ‘may’ eat healthy your entire life – again, not partaking or being around cigarette smoke – and still contract cancer of some kind.

      As I understand it – and this is open to debate – cancer is when your white blood cells perform too well – causing them to reproduce more than they should. This becomes too much for an individual’s system to handle and the cells now combine to create a ‘tumor’. Because we are talking about cells, this tumor may be removed, but the underlying problem more than likely will continue to exist.

      All that said, it is certainly one thing to protect the public from second hand smoke. But it should not infringe on the rights of others. Therefore, this law is an infringement of smokers rights. I’ve had many tell me, “Well, it doesn’t affect me so I’m not worried about it.” When it does affect them, it will be too late to do anything about it. By then, we would have lost any ability to change government back to the way it was meant to be – where we control it, not the other way around.

    • lev

      My point is simple: smoking outdoors is not a health hazard to others regardless of how much the Gov tells us it is. Re the so called holes in my argument: I am just making a comment re stereotypical people who breathe in who-knows-what while attempting to stay healthy ( such as joggers ). The same with eating. It doesn’t affect others ( neither does one’s smoking outdoors ). However, maybe it does affect others re the cost of health care. People who don’t exercise and have poor eating habits do in fact cause the costs to go up, just as smokers do. So unless you want to walk the walk ( be “Joe Healthy”in ALL aspects ), please just leave the people who are enjoying a LEGAL commodity alone.

      FYI, I only smoke an occasional cigar / pipe.

  • Paul Fiolkowski

    And I have to run a gauntlet of nasty smokers every time I enter a building. Where is the respect for my rights to clean air? Besides, it’ll be better for business, who won’t be losing all the work time to cigarette breaks!

    • lev

      Yes, you run that gauntlet because smokers are forced to smoke in “special” places. That is for your rights, the ones you claim don’t exist. I suppose everything that you do is healthy, such as eating habits, exercising ( maybe even jogging and sucking in all of that CO2 from exhausts ), and perhaps only an occasional drink?

  • Annapolis

    Really? The strength of your argument decreased dramatically when you cited 4 people who smoked prior to the increased and widespread knowledge of how dangerous cigs actually are. So they really weren’t that “smart or stupid at the same time” like you say. Name some influential people today that currently smoke….right. There’s really no one.

  • Ellen

    Well, the trash alone from cigaret butts is a big reason to ban smoking at parks and beaches.

  • John F Kennedy

    Maybe they’ll catch more weed smokers on Rockaway Beach with it’s distinct smell.

  • lev

    The Nannies just can’t stop. They honestly cannot help themselves from “helping” everyone, as they know what is best for us all. Thank you nanny-idiots….I feel SO much safer now.

    There needs to be an organization called “Smokers United” or something. These idiotic laws only get passed due to the passivity of the smokers. Even non-smokers should be fed up by now ( except the cry babies who constantly complain about the “cloud” of smoke that they have to walk through on occasion ).

    • Duff

      If you want to be stupid enough to poison yourself, fine help yourself, but I don’t want to be exposed to it, so go sit in your car and keep it to yourself. That way you can get both first and second hand smoke.

  • Eugenia Elaine Karahalias

    When is enough , ENOUGH? Join the ranks of the non-smokers now and improve your HEALTH! http://stopsmoking.li

    • marx = bloomberg

      workers of the world unite

  • Maurice Romy

    This is really getting crazy.. I do agree about people not littering but i always have an ashtray with me when i smoke on the beach and always dispose of my cigarettes. I think they should ban Breastfeeding in public too.. what will be next??

    • LovleeME

      I agree. At this point, I feel they should just make cigarettes illegal. I would be able to quit a lot easier if they weren’t so simple to get. You see, it’s a catch 22… the gov’t wants to alienate smokers, but they love the extra money they get from the taxes people pay on a pack of cigarettes. I also agree about your breastfeeding comment, I’m a woman- and even i find it really gross. I also think crying babies should be banned from the public as well.. If we are going to make the city better for all, let’s make it better for ALL, not some.

  • Mike

    Smoking is disgusting, and smelling the smoke or getting it on your clothes is the worst. The harder they make it to light up, the better.

  • KIM

    PEOPLE COMPLAIN ABOUT SMOKING OUTSIDE. TAKE A LOOK AT ALL THE VEHICLE EXHAUST THEY ARE BREATHING. THIS IS JUST A WAY TO GET MORE MONEY IN FINES,. OUR POLICE HAVE BETTER THINGS TO DO THEN HAND OUT TICKETS. LETS WORK ON SOME REAL CRIMES

    • JOE

      YES THAT IS THE ONLY REASON.

  • Anthony

    This law is going to be a lot like prohibition, impossible to obey, and impossible to enforce. The ideal thing is to ban the sale of tobacco products altogether.

    Franklin Delano Roosevelt, J. Robert Oppenheimer, Jackie Kennedy, and Marilyn Monroe were four of the most influential people of the twentieth century who smoke cigarettes. I’ll never understand how people can be so smart and so stupid at the same time.

    • kizamunze

      You are even far more stupidest after people read your comment.

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