EXECUTIVE( STATEMENT SUFF OLK COUNTY PETER COHALAN 26 , APRIL 1984 AM RETURNINC RESOLUTION 217-1984 REFERRED NO COMMONL To AS THE: "NO SMOKING BILL VETOED THIS PROPOSED LOCAL Law mOULD ENACTED MANDATE THE ICES SE TTING ASIDE NON-SMOKING AREAS In ALL OFF WHERE ThAN MORE PERSONS WORK ThAT #OULD ALSO REQUIRE AT LEAST ONE-THIRD SEATS THE IN ALL RE STAURANTS WIth CAPACITY 35 MORE PERSONS SET ASIDE BE FOR NON-SMOKERS FURTHER IT WOULD ALSO SERViCE PROHIBIT SMOKING IN ESTABLISHMENTS mITH LINES IN OL D AGE 'DOLs HOMES HEALTH SPAS HEARING ROOMS INDOOR SWIMMING JURY LIBRARIES ROOMS PUBLIC RESTROOMS PUBLIC THEATRES AND WAiTING ROOMS WHILE SYMPATHIZE With MANY THE OBJECTIVES THIS PROPOSED OcaL Lam AND WHILE NOT A CIGARETTE SMOKER AM AM RETURN CONSTRAINED THE LEGISLATURE It To FOR VETOED , THE FOLLOWING REASONS: (1) IRRATIONAL THE LEGISLATION CREATES ARBITRARY AND CLASSI - FicatioNS AND STATE IN VIOLATION FEDERAL CONSTITU- TIONAL GUARANTEES EQUAL PROTECTION THE OURTEENTH PROHIBITS LEGISLATURES AMENDMENT STATE AND LOCAL FROM ESTABL CLASSIFICATIONS SHING ThAT ARE ARBITRARY AND THE WIthOUT RATIONAL SouGHT To INTERESTS RELATION BE ADVANCED BY THE Lam_ THIS PROPOSED LOCAL OR AND' EXAMPLE RESTRICT IN RESTAURANTS WOULD SMOKING OTHER ESTABL ISHMENTS OF35 EATING With CAPAcIty OR MORE CUSTOMERS BUT WOULD EXEMP SMALLER ESTABLISHMENTS WOULO` BE THE EFFEcTS WHERE SMOKING ON NON-SMOKERS CONCENTRATED MORE IN ADDITION BARS ARE EXEMPTED FROM To RESTAURANTS RESTRICTIONS APPLICABLE THE IS BELIEF THA THESE CLASSIFICATIONS AND EXEMPTIONS ARE TOTALLY ARBITRARY AND ThUS RENDER PROPOSED THE Law DEFECTIVE (2) THIS PROPOSED Law PLACES LOCAL UNFAIR ECONOMIC BURDEN RESTAURANTS ON AND SIMILAR EATING ESTABL SHMENTS With AN OCCUPIed CAPACITY OF PEOPLE 35 OR MORE THE BURDEN ASIDE THE ONE _ THIRD SET IS PARTICULARL DISCRIMINATORY MEDIUM SIZED TOWARDS THOSE RESTAURANTS WHICH ARE THE BACKBONE THE RESTAURANT INDUSTRY SUFF OLK IN COUNTY 1 To FORCE MEDIUM SIZED RESTAURANT SET ASIDE ONE REstaupINEe THIRD HIS AS NON-SMOKING AREA WHICH 8ss MANY TIMES HILL UNF ILLED MEANS SURE BEVENUE '8e passessAc8REt{ONAH #heCCSSTOMER ROING TBeSCNESS RUILL
STATEMENT SUFF OLK COUNTY EXECUTIVE( PETER COHALAN APRIL 26 , 1984 AM RETURNINC RESOLUTION NO 217-1984 COMMONL REFERRED To AS THE: "NO SMOKING BILL VETOED THIS PROPOSED LOCAL Law mOULD ENACTED MANDATE THE SE TTING ASIDE NON-SMOKING AREAS In ALL OFF ICES WHERE MORE ThAN PERSONS WORK #OULD ALSO REQUIRE ThAT AT LEAST ONE-THIRD THE SEATS IN ALL RE STAURANTS WIth CAPACITY 35 MORE PERSONS BE SET ASIDE FOR NON-SMOKERS FURTHER IT WOULD ALSO PROHIBIT SMOKING IN ESTABLISHMENTS mITH SERViCE LINES IN OL D AGE HOMES HEALTH SPAS HEARING ROOMS INDOOR SWIMMING 'DOLs JURY ROOMS PUBLIC LIBRARIES PUBLIC RESTROOMS THEATRES AND WAiTING ROOMS WHILE SYMPATHIZE With MANY THE OBJECTIVES THIS PROPOSED OcaL Lam AND WHILE AM NOT A CIGARETTE SMOKER AM CONSTRAINED RETURN It To THE LEGISLATURE VETOED , FOR THE FOLLOWING REASONS: (1) THE LEGISLATION CREATES ARBITRARY AND IRRATIONAL CLASSI - FicatioNS IN VIOLATION FEDERAL AND STATE CONSTITU- TIONAL GUARANTEES EQUAL PROTECTION THE OURTEENTH AMENDMENT PROHIBITS STATE AND LOCAL LEGISLATURES FROM ESTABL SHING CLASSIFICATIONS ThAT ARE ARBITRARY AND WIthOUT RATIONAL RELATION THE INTERESTS SouGHT To BE ADVANCED BY THE Lam_ THIS PROPOSED LOCAL OR EXAMPLE WOULD RESTRICT SMOKING IN RESTAURANTS AND' OTHER EATING ESTABL ISHMENTS With CAPAcIty OF35 OR MORE CUSTOMERS BUT WOULD EXEMP SMALLER ESTABLISHMENTS WHERE THE EFFEcTS SMOKING ON NON-SMOKERS WOULO` BE MORE CONCENTRATED IN ADDITION BARS ARE EXEMPTED FROM THE RESTRICTIONS APPLICABLE To RESTAURANTS IS BELIEF THA THESE CLASSIFICATIONS AND EXEMPTIONS ARE TOTALLY ARBITRARY AND ThUS RENDER THE PROPOSED Law DEFECTIVE (2) THIS PROPOSED LOCAL Law PLACES UNFAIR ECONOMIC BURDEN ON RESTAURANTS AND SIMILAR EATING ESTABL SHMENTS With AN OCCUPIed CAPACITY OF 35 OR MORE PEOPLE THE BURDEN THE ONE _ THIRD SET ASIDE IS PARTICULARL DISCRIMINATORY TOWARDS THOSE MEDIUM SIZED RESTAURANTS WHICH ARE THE BACKBONE THE RESTAURANT INDUSTRY IN SUFF OLK COUNTY To FORCE MEDIUM SIZED RESTAURANT SET ASIDE ONE THIRD HIS REstaupINEe AS NON-SMOKING AREA WHICH MANY TIMES HILL UNF ILLED MEANS SURE 8ss BEVENUE '8e passessAc8REt{ONAH #heCCSSTOMER ROING TBeSCNESS RUILL 1