"The American Public Health Association "(1) Opposes state and federal laws preempting local governments' ability and authority to enact their own more stringent restrictions on alcohol and tobacco availability; and (2) Supports local governments' home rule to sue their zoning, planning, and other local police powers to control alcohol and tobacco problems, including advertising and access."American Public Health Association, Resolution 9410, 1994
New York's Clean Indoor Air Act created 100% smokefree workplaces, restaurants and bars as of July 24, 2003. The law includes limited exceptions for membership associations, cigar bars, and restaurants and bars when being used exclusively for functions for the primary purpose of promoting and sampling tobacco products. Read New York's 100% smokefree law.
New York law does not preempt the passage of local smokefree laws. Read more about current tobacco-related legislation in New York.
Current tobacco-related statistics are available from the Centers for Disease Control's Tobacco Control State Highlights, 2010.
New York's 2018 Legislative Session: January 3 - TBD
There is now more proof that Big Tobacco continuously tries to undermine smokefree
air in New York. The New York State Lobby Commission reports that two
Brown & Williamson lobbyists actively worked to defeat the successful
2003 Clean Indoor Air Act. Click to view the Lobby Commission's reports
on Jeffery Hill and
The tobacco industry was also active in the 2004 legislative attempts to to weaken the Clean Indoor Air Act. Visit the Lobby Commission website and search for Bill Numbers "S6372" and "A11385" to view the tobacco industry and allied lobbyists who fought in favor of the bills that would have created exemptions for smoking in bars, bowling allies and pool halls that installed ventilation systems.
- 4/25/2019A00076—(reasonable distance)—An Act to amend the public health law
- 4/25/2019A00353—(housing)—An Act to amend the public health law
- 4/25/2019A02299—(parks)—An Act to amend the public health law
- 4/25/2019A02988—(hotels)—An Act to amend the public health law
- 4/25/2019A03069—(adult care facilities)—An Act to amend the public health law
- 4/25/2019A03764—(preemptive gaming patio exemption)—An Act to amend the public health law
- 4/25/2019A03962—(vehicles with minors)—An Act to amend the public health law
- 4/25/2019S02138—(parks)—An Act for the Smoke Free Parks Act of 2019
- 4/25/2019S02655—(parks)—An Act to amend the public health law
- 4/25/2019S02657—(vehicles with minors)—An Act to amend the public health law
- 4/25/2019S02873—(adult care facilities)—An Act to amend the public health law
- 4/25/2019S04199—(housing)—An Act to amend the public health law
- 6/17/2014Should New York prohibit e-cigarette use in smokefree spaces?
- 2/4/2011What's happening in the U.S. Territories and Commonwealths?
- 7/31/2019States Are Thwarting Cities' Attempts to Govern Themselves
- 4/29/2019In Washington, Juul Vows to Curb Youth Vaping. Its Lobbying in States Runs Counter to That Pledge.
- 10/13/2017State lawmakers choose winners and losers through preemption
- 7/6/2017Blue Cities Want to Make Their Own Rules. Red States Won't Let Them.
- 6/20/2017NY Senate approves ban on e-cigarette use in bars, restaurants, parks
- 5/10/2017The Threat of Super-Preemption
- 5/8/2017Revived bill to ban e-cigarettes indoors gaining support
- 3/6/2017Preemption Prevents Innovation
- 2/21/2017City Rights in an Era of Preemption: A State-by-State Analysis
- 2/2/2017Red State, Blue City
- 1/5/2017GOP aims to rein in liberal cities
- 9/9/2016How ALEC, ACCE, and Preemption Laws are Gutting the Powers of American Cities
- 8/22/2016Blue Cities, Red States
- 6/28/2016Colorado Preemptions of Local Government: The Need for the Colorado Community Rights Amendment
- 6/23/2016State and Local Comprehensive Smoke-Free Laws for Worksites, Restaurants, and Bars--United States, 2015
- 6/16/2016Indoor e-cigarette ban passes in Assembly, future is cloudy in Senate
- 5/24/2016Advocates: Include e-cigarettes in N.Y. Clean Indoor Air Act
- 4/6/2016From Fracking Bans To Paid Sick Leave: How States Are Overruling Local Laws
- 4/1/2016Growing Southern cities are increasingly targets of state pre-emption
- 3/25/2016Beyond North Carolina's LGBT Battle: States' War on Cities
- 2/4/2016Corporate Interests Take Aim at Local Democracy
- 8/6/2015Blowing the Whistle on ALEC's Little Brother ACCE
- 7/7/2015Four Ways ALEC Tried to Ruin Your State this Year
- 6/19/2015State Assembly bill would ban smoking e-cigarettes indoors
- 5/17/2015Say no: States increasingly blocking cities and counties from imposing mandates on businesses
- 5/8/2015State lawmakers hate federal meddling even as they preempt local government
- 3/30/2015The ALEC-Backed War on Local Democracy
- 2/23/2015Govern Yourselves, State Lawmakers Tell Cities, but Not Too Much
- 5/6/2014New York state lawmakers start debate over e-cigarettes
- 10/28/2013Smoking banned at healthcare facilities starting Nov. 1
- 8/5/2013Hospital Grounds Smoking Ban Signed Into Law
- 7/23/2013Celebrating 10 years of breathing clean indoor air in NY
- 9/10/2012New law protects students from second-hand smoke
- 8/15/2011Cuomo bans smoking on LIRR platforms
- 2/8/2010Turning to Albany to Preserve a Smoke-Filled Room
- 2/5/2010State Preemption of Local Smoke-Free Laws in Government Work Sites, Private Work Sites, and Restaurants United States, 2005-2009
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