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Court lets NY smoking law standA lawsuit challenging New York’s no-smoking law —which restricts smoking in public places, workplaces, and bars and food service establishments—has been dismissed by a federal judge. The suit was filed by a restaurant association and a group of bar and restaurant owners, who claimed that the Occupational Safety and Health (OSH) Act’s standard on toxic and hazardous substances preempts the state smoking law. The judge found, however, that the standard limits worker exposure to the substances that make up cigarette smoke, but does not specifically address environmental tobacco smoke as a whole, leaving state and local governments free to regulate in the area. The judge also referenced several statements from OSHA indicating that the agency would not seek to regulate environmental tobacco smoke because many state and local governments were already curtailing smoking in public and work areas. The no-smoking law was enacted in March 2003 and imposes a fine of not more than $2,000 on anyone, including an employer, who violates its provisions. The law is enforced by local county health boards, certain state officials, and the state department of health.
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