City Council ponders ban on smoking in public parks, playgrounds, beaches and plazas

The New York City Council held a hearing yesterday on a bill introduced by Councilwoman Gail Brewer and supported by the Bloomberg administration that would ban smoking in public parks, playgrounds, beaches and pedestrian plazas.

The hearing, according to an article by Noah Rosenberg in today's edition of The New York Times, "evolved into an hours-long, occasionally raucous showdown..., touching on issues such as civil liberties, public health, big government and litter." It not only focused on the Brewer bill but also including testimony on a compromise bill that would lead to designated smoking sections in many parks, the article said.

"Councilmember Peter F. Vallone, Jr., a Queens Democrat, who described himself as an 'anti-smoking advocate,' has introduced a bill," the article said, "requiring that land under the jurisdiction of the City Department of Parks and Recreation that is larger than two acres must have a designated smoking area equal to at least a fifth the size of the property footprint. 'Indoor smoking sections never worked well,' Mr. Vallone said. 'It's like having a urinating section in a pool,' he added to laughter. But outside, he went on, health concerns are not the same."

Mr. Vallone's plan, however, "was shot down as 'impractical' by the city's health commissioner, Dr. Thomas Farley, and parks commissioner, Adrian Benepe, both of whom are staunch supporters of the all-out smoking ban in city parks," the article said.

Dr. Farley and other proponents, including the Coalition for a Smoke-Free City, an advocacy group, and organizations like the American Cancer Society of New York and New Jersey, also said smoking in parks sets a poor example for youth. The article noted that "litter eradication would be a 'side benefit' of the ban.

"'I think it would be impractical and undesirable to try to cordon off separate locations for people to smoke in parks,' Mr. Benepe said, noting that permitting smoking on the edges of parks - as in Ms. Brewer's legislation - is likely the most effective," the article continued.

Some members of the council were opposed to the bill. Councilmember Robert Jackson, a Manhattan Democrat, said the city was being "too restrictive" and Councilmember Daniel Halloran, a Queens Republican, said that an outdoor smoking ban would lead down a "slippery slope" toward an overbearing government, the article said.

Pinball29, a commenter on the article at nytimes.com said he "cant help thinking that this is simply another way for the city to hand out revenue generating summons via an easy target," adding "Where does it end. What 'advocacy group' will be next to air their 'concerns' that not everyone in this vast, international city is acting exactly the way they think all should act. Obesity? Bad manners? Unsightly attire? It amazes me that people will sit in an outdoor cafe 5 feet from fuming buses, but will be apoplectic at the sight of someone smoking outside."