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Photo courtesy nschaden.
The health department says the number of violations for smoking inside bars and restaurants jumped by a third in the past year, following an increase in inspectors conducting checks as late as 4 a.m., when barkeeps are more inclined to let drinkers light up. The number of smoking citations issued to bars and restaurants increased to 917 in the fiscal year ending June 30th, 2008, compared to 694 in the previous year. The fines range from $200 to $2,000.
But an article in amNY suggests it isn't just the DOH crackdown that's led to more citations. One anti-smoking scold named Susan Siegel says that bars and restaurants are increasingly blowing off the five-year-old smoking ban: "I go out a lot, and I definitely notice it…all over the place. I hate smoking in bars. I go up to people. It’s the law and I feel like I have a right to say something." On the other hand, a smoker named Mark Benkes, spotted outside a Lower East Side bar, says, "You'll find people doing blow more openly than smoking." Which means Mayor Bloomberg will probably demand a cocaine ban next.
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Seems like what's happening might be the best for everybody. Some number of bars choose to let the late-night smoke, and risk being fined. Most don't. So both smokers and nonsmokers can, if they want, move on to somewhere else.
I saw one late night smoking inspection a couple of months ago; they came in at 1:45. The bartender and a customer were smoking outside, and an inspector said they were too close to the door. The bartender asked what the allowable distance rule was, and the answer was that there isn't one. "The smoke shouldn't be able to get into the bar." Of course, the door was closed so it wasn't.
One of them did mention that they just recently started coming out that late.
Inside the bar, no one was smoking. The inspectors went behind the bar and rooted around and found two ashtrays in a box. I know, having been in the bar regularly since before the ban what the ashtrays haven't been used since. When illegal smoking is allowed, beer cans are used for ashtrays. Still, the law says they can't be there so there's a citation. Then, while there were three "no smoking" signs up, there wasn't a "workplace smoking rules" sign to tell employees that they couldn't smoke. Another citation.
Of course that sign hasn't been there, and the ashtrays have, since the ban through any Health Department inspection that's happened. Neither violation had been noticed before this one.
So it may be not only that they're late-night inspections but also that they're being more thorough or aggressive about enforcement.
People like Susan Siegal should be kicked. Go somewhere else you self-righteous ass.
There's definitely less smoking in bars overall. A couple years ago it was rare to hear of an inspection after midnight. Now you frequently hear about them occurring in the wee hours. I think that accounts for the numbers.
However, whenever I see pictures of celebrities in those red-rope vip only places, there's always people smoking. Hmm...
If this is happening, it goes against overall smoking numbers, which have been on a steady decrease in NYC for several years running.
It doesn't cease to amaze me how rudely smokers feel entitled to pollute other people's lungs. There's nothing I hate more than walking down the street and being caught downwind of one of these thoughtless people. If you're going to kill yourself, do it in the privacy of your own home!
People smoke while they're in lines, at the entrance.. why is this woman going to bars in the first place if she hates elements that comes with it...
TKaisen: People like Susan Siegal should be commended. How is she being "self-righteous", merely because she has the audacity to want to be able to breathe?
junkrabbit: since 2003, smoking has not been an "element that comes with" going to a bar in NYC, so I'm not sure what your point is.
wiseguynyc is right. And when you also look at how smoking bans have been adopted even in cities like London, it's clear that smokers are on the wrong side of history.
"why is this woman going to bars in the first place if she hates elements that comes with it..."
Yeah, what I hate about going to bars is that there are so many drunk people. Their breath always reeks of beer or whiskey. It amazes me how rudely drinkers feel entitled to pollute other people's noses. If you're going to kill yourself, do it in the privacy of your own home!
hbomb1947: I'm just saying, there's always gonna be some people who are going stand outside and smoke.. and the smell is gonna get to you when you enter / exit regardless..
It's a good thing that smoking inspections are now occurring after midnight.
On a related note, in the German state of Bavaria where a smoking ban went into effect earlier this year, some small pubs have turned into "Smoker Clubs" where smokers pay a few Euros a year "membership dues" to smoke in these places (prepared food is not served). It looks like they're getting away with it.
How is she being "self-righteous", merely because she has the audacity to want to be able to breathe?
Yep -- nothing like going in to a bar to kill yourself and being annoyed at other people trying to kill themselves. Maybe you could walk out into traffic and enjoy the clean, fresh city air.
Get government to swoop in for you whenever you're annoyed. What a town!
This story is just a "smoke screen".
The real story has nothing to do with smoking.
The real story is, given the collapse on Wall St., the city is looking for alternative sources of revenue. Expect to see a crack down and increase ticketing on everything from smoking in bars, to dog poop violations, to parking tickets, and anything else that New York City, INC. can do to increase revenue.
It's not personal, it's business. (as usual).
It seems to me that more people are smoking than ever. But not in bars. I never see people smoking in bars at any hour.
I really think those "statistics" about the sharp decline of smoking is fiction. People are stopping, but just a walk down the street shows many, many people still smoke. They (Bloompig & Co.) feel that telling people that smoking is on a sharp decline will make people feel more inclined to quit because they don't want to be seen as tacky. We've sort of put smokers in a lower class these days. Ridiculous! They generate a huge amount of tax revenue for this state and city. Of course, they're killing themselves, unfortunately. As for the second hand smoke argument--I don't buy it. Sorry.
the rose bar is THE WORST.
The smoking ban doesn't affect me whatsoever. My friends and I have been smoking and drinking at each other's houses for the past five years. Not only is it way cheaper, but we don't have to be subjected to the "holier than thous" and we can invite people we like to drink with. Thanks Bloomberg!
nothing is worse than a former smoker.
It seems a lot less risky for bar owners to have a few smoking violations than to get the numerous noise complaints that would arise from having drunk patrons outside smoking @ 3am infront of the bar.
Too many noise complaints and the Community Board will likely vote to not renew their liquor license.
I dont tell people to smoke so people should not tell me not too. That simple. It's a free country.
You need to look at yourself and look at the studies...do your homework before you talk shit the government does not want to fault the industrial complex for cancer...so they blame smoking....lMay 15, 2003 -- A controversial new study that questions the health risks of being exposed to secondhand smoke -- a factor often said to contribute to some 50,000 American deaths each year -- has outraged some health officials.
Look at this:
This is from the British Medical Journal ...............................................
The new study, to be published in the May 17 issue of the British Medical Journal, shows no measurable rates of heart disease or lung cancer among nonsmokers who ever lived with smokers, and reports only a slight increased risk of chronic obstructive pulmonary disease. Many health agencies, including the U.S. Surgeon General's Office, have long said that secondhand smoke boosts the risk of heart disease by about 30% and lung cancer risk by 25% in nonsmokers.
"We found no measurable effect from being exposed to secondhand smoke and an increased risk of heart disease or lung cancer in nonsmokers -- not at any time or at any level," lead researcher James Enstrom, PhD, MPH, of the UCLA School of Public Health, tells WebMD. "The only thing we did find, which was not reported in the study, is that nonsmokers who live with smokers have a increased risk of widowhood because their smoking spouses do die prematurely."
Tell Bloomie to SHUT UP!!!!!!!!!!!!!