Mills’s proposal is an attempt to revive a piece of compromise legislation from when the ban was debated over the winter, a compromise that went nowhere as sponsors of the smoking ban sought as complete a smoking prohibition as possible.
Announcing his proposed change, Mills said, “I strongly believe the smoking ban is unconstitutional and violates the right to free speech.”
“It’s the first serious attempt to change the law,” said Scott Wexler, executive director of the Empire State Restaurant and Tavern Association, which has coordinated protests of the ban on behalf of bar and restaurant owners.
“[Mills} is shining a spotlight on a piece of legislation that never got anywhere.”
Mills, a non-smoker, said: “The smoking ban has had a devastating financial impact on our local economy. Patrons . . . can go to bars and restaurants in New Jersey and Pennsylvania where they are permitted to smoke.”
Under Mills’s proposed change in the law, any person or organization that owns, manages, operates or controls a bar or food service establishment and also owns a liquor license, would be able to apply for a smoking license at $100 each. Smoking would then be permitted in certain areas of the establishment.
Opponents of the smoking bans in New York City and state have stressed their opposition is based on damage to businesses because the law does not allow for choice.
“They believe choice is not good,” said Wexler, who also said that hardship for bar owners would increase now that winter is here: even fewer smokers will tolerate standing outside in the cold, he said, and will stay away from bars and restaurants entirely.
“First [lawmakers] said the losses would be non-existent,” he added. “Now they’re saying the losses will be short-lived.”
Proponents of the ban have promoted it as an essential and enlightened issue of health protection. Announcing his amendment on Monday, Mills said, “New Yorkers concerned about the harmful effects of smoking will continue to have the option of visiting establishments that have smoke-free environments.”