New bill would relax New York's smoking ban
Air-filtration system could exempt bars
from Binghamton Sun & Bulletin

ALBANY -- A state senator plans to introduce a bill this week that would partially roll back the state prohibition on smoking in bars and restaurants, possibly signaling a growing backlash.

Under the ban instituted last July, smoking was outlawed in all bars and restaurants that didn't receive waivers. Under a bill that will be introduced by Sen. Raymond Meier, R-Western, Oneida County, later this week, bars that install air- filtration systems could be added to the exemption list. Filtration systems would be required to clean the air of 99 percent of the contaminants from cigarette smoke.

Assemblywoman RoAnn Destito, D-Rome, said she's considering a similar measure in that house. The action would be significant because it would be the first time that a rollback bill has sponsors from the majority party in each house, which is key to getting any legislation passed. The assemblywoman said the latest air-filter technology deserves study.

"I think our bars and taverns are owed at least a look at what is out there," Destito said.

Conservatives concerned about government oversight and bar owners claiming lost business have promoted ventilation systems as a compromise. They say bar patrons and employees would avoid the hazards of second-hand smoke while allowing smokers to frequent the businesses.

"In a perfect world it would be best if no one smoked, but to tell someone ... they can't have a cigarette in their favorite neighborhood bar, I think, is kind of outrageous," said Mike Long, New York State's Conservative Party chairman.

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The Center for a Tobacco Free New York and other health groups, including the American Cancer Society and American Heart Association, oppose relaxing the ban, saying it would endanger bar employees.

"Everyone should be protected," said Russell Sciandra, director of the Center for a Tobacco Free New York. "That's what these laws are about."

He said he believes filtration systems are ineffective and do not necessarily make the air safe. For instance, a vent system wouldn't protect someone standing between it and the smoker. And the machines take time to remove carbon dioxide and other harmful chemicals. The appeal of the vent system, he said, is that it allows lawmakers to please bar owners and appear health conscious.

"This makes (lawmakers) think they can have it both ways," Sciandra said.

There are also other rollback initiatives. Byron Brown, D-Buffalo, has a bill that would allow smoking in bingo games run by volunteer associations. Howard Mills, R-Hamptonburgh, Orange County, has a bill that would allow bars and restaurants to apply for a smoking license.

Groups on both sides of the debate are using public relations campaigns to sway the public and lawmakers.

The Conservative Party will distribute more than 350,000 postcards addressed to Senate Majority Leader Joseph Bruno, urging him to soften last year's legislation, Long said. The Center for a Tobacco Free New York, Sciandra said, will counter with 100,000 direct mailings targeting senators from certain areas throughout the state.

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