Protect Local Control

Ensuring Community Rights
To Pass Smokefree Ordinances

State Status

No Preemption


"Local actions by communities has been proven to be effective in enforcing youth access legislation and reducing tobacco use among young persons. However, the tobacco industry has been equally successful in weakening local control and community involvement through state laws containing preemption provisions."

Centers for Disease Control and Prevention, Morbidity and Mortality Weekly Report, November 3, 1995

New York

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.

To learn more about the law, visit the New York Department of Health.
To report a violation, call 1-800-458-1158
To report a violation in New York City, call 311 or click here.

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 Frank McEvoy.

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.

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