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Antismoking Rules Turned Voluntary

Date: 19781217/P
Length: 1 page
03635094
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Author
Williams, L.
Type
NEWS, NEWSPAPER ARTICLE
Alias
03635094
Area
LEGAL DEPT FILE ROOM
Site
N14
Request
R1-004
R1-037
Named Person
Arnheim, R.
Labelle, A.
Uogt, H.
Date Loaded
05 Jun 1998
Named Organization
Board of Health
Ny State Restaurant Assn
Ny Times
TI, Tobacco Inst
White Plains Chamber of Commerce
Litigation
Stmn/Produced
Characteristic
MARG, MARGINALIA
Master ID
03635004/5381

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zlm71e00

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Page 1: zlm71e00
u;fc5 r Q-;t V_ g"T"& 2 5ECTta . Wc. 4'7,1 lCG'-12 RY ~' O T~ t~ L Ji C- L~.1 tS i tz, ` . ' Hy L: NA :'lII:LiF t;'S WHITE PLAINS HE smokin~, ordinance for- [' t=warded toAldk.ay last week by ! tha county's Ecardi of' iiealL't i_- .i1 differs siZni;icuntly frora the or;^;incl draft, eaiich would have pro- hibited s:noL-in; in restaurants; thea, ters, hospitals and offices except ini desi,-natedareas; Under i: t.:nse lobbying from the to- bacco i:Idustry and: t,ie state's R estau= rant Asscci4tic:i„wiiicii ar;;uad the ban would' be un enforecable and would re- sult in economic diza t,:r, the board re- vised the antismosir.; ccde at least three times. In its present form, the re- strictior.s would be voluntary in most public places. The first draft„approved in April, re- quired restaurants that seatcd,lGO orr more people to have desi[;naied s:.aok- ing areas. It was initialiy revis: d to ap!sly to suc : restaurants only U1 tiieyy had two or :ncre diiun; rooms, and t,e draft approved last month, revised a3,ain„aiio:-,r., all eating places to set up no-smol:in; arcas on a voluatary basis, at the discrctianof'tlie proprietor. A section r;;qu: stinl; owners who did not choose to havenonsmoking,areas tio provide adequate vcntilation was lr:tor deleted, apparently because the board felt such a measure would have ira- posed,an added expense on restaura+- teurs. "I'm not at all pleased'witn this new draft, especially th3 part concerninp,, restaurants,'" said' Annette Laluelle, a r.onsrnciter w1mchalL:ngcd' the 13- member bo~rd's ri,^,lit to revise the a-- dinance Crit:AUt tiia require;i, 7-me,17- ber quorurm. "The l:oard'did not hava a maj'orit;rwliea it made. G:7ose revisic:is, and thcrefore their actions were iile- gal. "Vei7j'fcw; cople l:novr what is r,oir.; on, bc-cause tlie mectings, which arc open to th4 public, are not publiei::cd. I'm sure a, lbt oi' psapie wil'i be dinap:- pointed wiih tlils ordinance, esneci~ lly thepart that applies to restaurants." At the same time, Mrs. LaPCl12 and other nor.smo::2rs said they wcre pleased that the county: had'4eei(;ed `.o~ address t:;e issue. T;ie ordinance vi;,s "better than nothing," Mrs. Lah:;lle said. How.ever, Harold V'o,^,t, president oi the 1y;iite Plains Chamber of Com- rncrce,expressed displeasure with the ordi;.ance, saying, it was a"'neediess regulhtion." Mr. Vagt said he had not seenia copy of the ordinance that Nz-as mailed to the le;al counsel in, Albany to see if its wording complied wit;iit'ne state's Sani- tary Cede; but he accusedl the cowltyr board: of re ;ulatin,; a nuisance: "Ilost restaurants and public places have al- ready establisiied no<smo::ino, sec- tions." Rita Arnhei:..t, prcsident of the New York State Restaurwnt Association's Westchcster chapter, saiii last weuk that nicst restaurate.urs had received few requests for sections and that racny were vclunta rily install- in~- veatilati: 7, systc..s. \riany retGi.ers had suggested in statements made to the board thut the imposition of a stricter antiS:noltingg ccde mi.,iit force tiiara to leave the county and raiZ,it reduce t;ye county's ability to attract new business invest- mentand :obs. Althougii an antismoain;.code sims- l'arto the o-ne originally propased'bytiie board here was enacted in Rockland Countywith no apparen t e:fect on pri- vate industry,, business lcaders de- mand'ed t;;at Westchester's code be re- written alon; more lenient lines. As a resuit,a portion~of'the ordinaneerequirin;; dcsi.rnated smo::in;,areas in places o,' work with 10 or more persons in one o;'iice was rewritten to cover only thooe that "the public must enter to receive services." Then it was re- written v --ain to exclude private, en-, closed ofiices occupied eacli:sively by smokers, even tttough such offices may, be visited by nonsmoke.s. The board said'the revisions were an attempt to establish a cec:z tlilt would' bereali.aticirom a nredic:rl viewpoint without Lein;,,irnpractica,':ar 'Oasincss. The rs::inance da€n rcr,t icC ::nal;i7g in public places to c', ;,; atcu' areas and allo.-is proPrictca w: cai:iors in chargG to s:;l ui> Snro'.:ir.~ •.. „as, e~:ecpt where mn :in ; is p o u.;iu..c by ttie fire mars;iall nil by 1aw. sir,o!tin." areas are cics.igiiatca„ a :,L.iy saying. "Smol;in.- Permitted" syculdl be postr ed. Represenic,tives from the Tobacco Instituze and the Restaurant Associa- tion said re:e3rch had.shown that there was no hcr.;tii hazard prese-ntied'to non-, smokers exposed to cigarette smolze mirier normal circumstances. They said a stricter antismoking law could. :7avc resulted' in 1'ost tax revenues of'up to 425 miiliona year. [31

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