During one of his rare visits to New York City, Mayor Michael Bloomberg found time today to sign legislation banning smoking in New York City's parks, beaches, boardwalks, pedestrian plazas and other public spaces.  Gone will be the days when one can stroll through Central Park enjoying a fine cigar.

Can such a law withstand challenge?  What with judges like Vaughn Walker roaming free, there ought to be a jurist who can rummage around his penumbral emanations long enough to find a "fundamental" right to smoke.  And yet, I fear no judge will have the courage to do so.   Smoking is seen as a strictly middle-class affair these days, and middle class vices rarely get dignified as rights. 

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Kervinlee
Joined
May '10
Kervinlee

I thought New Yorkers were supposed to be tough-guy hard-boiled types. Why do they keep electing this fuss-budget to oversee their personal lives?

New York needs some Madison-style mass smoke-out protests. Smash the system!

Rob Long

You can't smoke on the street anymore?  Some of my best memories are of strolling along the street in New York, puffing away on a cigar.

How awful.

And you know, little vices like smoking should be encouraged, not discouraged.  They siphon off the urge towards the big vices.


Joined
Jul '10
Palaeologus
Adam Freedman:   Smoking is seen as a strictly middle-class affair these days, and middle class vices rarely get dignified as rights.  ·

Interesting. What makes you say that Adam?

To me it seems a largely working- & lower-class practice these days, cigars & pipes aside.

James Lileks

From the article:

"New Yorkers can smoke on sidewalks, parking lots, streets and in their homes, although most landlords don't allow it."

Then they're not really their homes, are they. 

Troy Senik

As the last upper-middle class smoker in California, I demand to know why Mayor Bloomberg and his West Coast compatriots would stand athwart such a sensible method for making Social Security actuarially sound.

Peter Robinson

"During one of his rare visits to New York City...."

Adam, you win the Dependent Clause of the Week Award.

Kenneth
Joined
Jul '10
Kenneth

Fortunately, New York cops won't enforce this law.  As a long-time Manhattanite, I used to say that you have to be driving down the streets firing an Uzi before the cops will take action.  It's one of the wonderful things about New York, as compared to, say, Omaha, where you'll be arrested for double parking.

Not JMR
Joined
Nov '10
Jan-Michael Rives
Kenneth: Fortunately, New York cops won't enforce this law.  As a long-time Manhattanite, I used to say that you have to be driving down the streets firing an Uzi before the cops will take action.  It's one of the wonderful things about New York, as compared to, say, Omaha, where you'll be arrested for double parking. · Feb 22 at 9:21pm

Unfortunately, for every lazy cop there are fifty starbucks-swigging organic tofu-eating yoga-obsessed psycholadies more than happy to berate you in public about your evil ways. I wish I were a smoker.

Dave Molinari
Joined
Jun '10
Dave Molinari

You mean like buying porn houses???

Rob Long: You can't smoke on the street anymore?  Some of my best memories are of strolling along the street in New York, puffing away on a cigar.

How awful.

And you know, little vices like smoking should be encouraged, not discouraged.  They siphon off the urge towards the big vices. · Feb 22 at 7:54pm


Joined
Nov '10
Elizabeth Dunn
Troy Senik: As the last upper-middle class smoker in California, I demand to know why Mayor Bloomberg and his West Coast compatriots would stand athwart such a sensible method for making Social Security actuarially sound. · Feb 22 at 8:59pm

Jan-Michael Rives

Kenneth: Fortunately, New York cops won't enforce this law.  As a long-time Manhattanite, I used to say that you have to be driving down the streets firing an Uzi before the cops will take action.  It's one of the wonderful things about New York, as compared to, say, Omaha, where you'll be arrested for double parking. · Feb 22 at 9:21pm

Unfortunately, for every lazy cop there are fifty starbucks-swigging organic tofu-eating yoga-obsessed psycholadies more than happy to berate you in public about your evil ways. I wish I were a smoker. · Feb 22 at 9:49pm

Gentlemen: Thanks for the fun posts!

Aaron Miller
Joined
May '10
Aaron Miller

Are there any indian reservations near New York City? Here in Houston, one doesn't have to drive far to buy cigarettes from the Alabama-Coushatta, tax-free.

Nothing refreshes a freedom lover's soul like legally avoiding a vice tax.


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