Protect Local Control

Ensuring Community Rights
To Pass Smokefree Ordinances

State Status

No Preemption


"The anti-smoking movement has become more sophisticated in its efforts to enact bans and restrictions on smoking.... They have adopted a 'Pac-man' strategy where they attempt to gobble up one community at a time.... The 'Pac-man' strategy makes sense for the antis because it is easier for a group of extremists to have an impact on the local level than in larger jurisdictions.... The solution to 'Pac-man' is statewide pre-emption."

Tina Walls
Philip Morris

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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