NEW YORK - New York City, where the rights of homeless people, sex-shop patrons and smokers once reigned supreme, has taken a page from California.
Mayor Michael Bloomberg and the New York City Council have agreed on one of the toughest anti-smoking laws in the country, banning smoking in all workplaces, including bars, restaurants, nightclubs, pool halls, bowling alleys and bingo parlors.
Bloomberg had proposed an even more stringent law than California's ban against smoking in indoor bars and restaurants by trying to outlaw smoking in outdoor cafes as well. But under the agreement announced Wednesday, there will be exemptions for smoking in some outdoor seats in cafes, gardens or on rooftops. Several existing cigar bars and private clubs such as an American Legion hall also will be exempt.
``Because of this legislation, it's literally true that something like a thousand people will not die each year that would have otherwise died from secondhand smoking,'' Bloomberg said.
The move comes as municipalities across the country take increasingly tough stands against secondhand smoke. Boston is on the verge of adopting a similar ban and even within New York, the Nassau County legislature on Long Island has approved a smoke-free policy in restaurants and bars that takes effect in March. In addition to statewide bans in California and Delaware, more than 100 municipalities across the country have passed comprehensive anti-smoking laws including Helena, Mont., El Paso, Texas, and Tempe, Ariz.
A public hearing on New York's bill was planned for Friday but a vote by the full City Council has not yet been scheduled. Bloomberg said the bill was likely to take effect by early April.
New York currently bans smoking in restaurants with more than 35 seats but allows smoking in bars and the bar areas of restaurants.
Negotiations on the smoking ban stalled last month when Bloomberg reportedly refused to bow to exemptions sought by the council. Both sides were also distracted by the city's billion-dollar budget gap. But after hammering out a 18.5 percent property-tax increase, both sides took up the cause again.
Bloomberg's City Council testimony on the topic sparked international attention and furious lobbying on all sides, pitting the health of employees and patrons against the economic interests of restaurant owners and freedom of choice. Small-business owners, many of whom are immigrants, complained loudly.
Eric Lang, a waiter at Le Zie Trattoria in Manhattan's Chelsea neighborhood, supports the bill. ``I just quit smoking. . . . My clothes can stink at the end of the day. It's gross.''
But Chuck Hunt, executive vice president of New York City chapter of the New York State Restaurant Association, said 65 percent of his 2,500 members oppose the ban. A third of his members supported the proposal, but only if it applies to all establishments without exemptions.
``It's fairly hard to argue against the dangers of secondhand smoke, but the economic issues are another matter,'' Hunt said. ``Our members are very fearful of any suggestion that might cause a loss of business, especially after Sept. 11.''
While the restaurant industry is keen to accommodate all customers regardless of whether they smoke, they also concede that New York's current smoking restrictions work.
``We've been living with it. Many people predicted it would be the end of the industry, and it wasn't,'' Hunt said. ``Nor was the ban in California -- it would seem that it was not nearly as severe as many people predicted it might be.''
Recent studies helped sway Bloomberg, including a report by state health officials that showed California bars and restaurants were doing a brisk business despite the ban. Sales-tax revenue from California restaurants and bars rose to $35 million in 2000, up from $25 million in 1995, the year restaurants became smoke-free zones. Smoking was banned in bars in 1998.
Health advocates say improved education has also helped change people's minds.
``We've done a good job of educating people and there's been a great body of research published that explains the health effects,'' said Tim Filler, associate director for Berkeley-based Americans for Nonsmokers' Rights.
A Philip Morris USA representative said regulations on smoking in public places are warranted.
``There are many places where we agree -- government buildings, places that cater to children and other enclosed public places such as elevators or stadiums, where you don't have a choice where you're sitting,'' said Tom Ryan. ``But with bars and restaurants, the law should allow some flexibility to accommodate both smokers and non-smokers if they wish to do so.''