New York Smoking Ban upheld.

[djg21]

In a decision dated October 21, 2003, Judge Lawrence E. Kahn, of the United States District Court for the Northern District of New York, denied the application of the Empire State Restaurant and Tavern Association ("ESRTA") for a preliminary injunction enjoining the enforcement of New York's Chapter 13 of the Laws of 2003, which amended the New York Clean Indoor Air Act ("CIAA"), Ch. 244, of the Laws of 1989. The CIAA, as amended, prohibits smoking in a number of public places, including, most importantly, bars, restaurants and food service establishments.

In his decision, Judge Kahn held that ESRTA did not establish a likelihood of success on the merits, and therefore was not entitled to injunctive relief. Specifically, Judge Kahn held that the Amendments to the CIAA were neither pre-empted by current federal regulation, and specifically OSHA, nor unconstitutionally vague.

In light of the procedural posture of the action, and Judge Kahn's holding that there is not a likelihood of ERTSA succeeding on the merits, ERTSA is unlikely to continue with the litigation. More importantly, the smoking ban will continue to be enforced.

Here is a link to the decision, from Courtweb:

http://www.nysd.uscourts.gov/courtweb/pdf/D02NYNC/03-08565.PDF

[HEyHEY]

1. good good

As a smoker I gotta say I still love the smoke free laws we have here. When you go to a bar that doesn't have a smoking room you don't come out reeking like an ashtray....good show

[1a2b3c]

2. HeyHeyHey

where's fat albert? I got three words. Fuck New York.

[HEyHEY]

3. Haha

Not stampin' out for anyone eh!

[HEyHEY]

5. oops

On review my first post looks like I'm form New York..I;m not

[sleipnir]

4. Rock on!!

On my recent trips to NYC, I've actually gone back to the bars because it doesn't smell like a fucking asshole. I fucking hate smoking in public places. Fuck all of the smokers who think they have a right to smoke in public. You don't have a right to public intox, so stop the bitchin. I can't wait till this becomes a national law and eventually smoking is irradicated from the planet.