New York Parks Smoking Ban Yields One Ticket So Far

Smoke

First Posted: 06/27/11 04:33 PM ET Updated: 08/27/11 06:12 AM ET

A month after New York City banned smoking in public parks, beaches and pedestrian plazas, a New York Daily News photographer remains the city's only recipient of a ticket for violating the law, after intentionally lighting up in front of Parks Department officers to prove lax enforcement for an article.

(The New York Observer tried the same schtick but couldn't land a ticket).

From The New York Daily News:

Photographer Pearl Gabel, after flagrantly puffing in the presence of a Parks Department officer for a couple hours, finally scored about 6 p.m.

"I warned you before," said Officer Carlton Conheim, a smoldering enforcement agent with a menthol green uniform.

Then he wrote out a $50 summons for ignoring the ban, which began on Monday, that prohibits smoking in parks, pedestrian plazas and beaches.

"Have a nice day," Conheim said.

Then he turned on his heels and headed back down the High Line.

Getting the ticket wasn't easy.

Gabel had to walk a mile with her Camel Lights before she even saw a Parks officer. Standing 4 feet away, the officer refused to even look at the shutterbug, who was smoking like a chimney as he passed.

Before the ban was passed, Mayor Bloomberg admitted that although park rangers had the right to write tickets for smoking (the NYPD is under instructions not to enforce the law) the ban would actually be enforced by "public pressure", i.e. New Yorkers nagging other New Yorkers to stop lighting up.

But without official enforcement and smokers openly flouting the law, some are wondering, "What's the point?"

"The new smoking law is an absolute joke," Ida Sanoff, 59 years old, who lives in Brighton Beach, Brooklyn, told the Wall Street Journal. "I have asthma and there are days when I've had to move my chair three times because people, sometimes in groups, sat down near me and started smoking like chimneys."

The Parks & Recreation Department has recorded nearly 700 instances in which officials approached smokers and warned them of the new law, the Journal reports, and in those cases, the smokers were compliant and no tickets were handed out.

“We tell people to put out their cigarettes, and that there’s no smoking in the park,” Ranger Singhnani Raj. Soon told the Observer last month while patrolling Bryant Park.

It seems New York City is less interested in giving tickets to smokers than it is in raising awareness of the new law.

"As with any new law, compliance occurs over time as the public becomes increasingly aware of new rules," the health department said in a statement, obtained by the Journal. "To educate New Yorkers and visitors about the new law, signage has been posted throughout the city's parks and beaches."

Medical News reports that the city is in the process of erecting 3,000 to 4,000 permanent signs saying "Smell Flowers, Not Smoke".

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A month after New York City banned smoking in public parks, beaches and pedestrian plazas, a New York Daily News photographer remains the city's only recipient of a ticket for violating the law, after...
A month after New York City banned smoking in public parks, beaches and pedestrian plazas, a New York Daily News photographer remains the city's only recipient of a ticket for violating the law, after...
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06:15 PM on 07/16/2011
Its a sad story not being able to smoke at a beach because its not so much an health issue smoking in an open area, but about control and politics as usual in attacking people's civil liberties. http://bit.ly/q6FhlQ
11:43 AM on 06/28/2011
I walk the Highline every day. I smoke on the Highline every day. In fact, the other day I went up there, sat down on one of the benches and smoked a cigar for 45 minutes. It was great, a very, very enjoyable experience to relax with a stogie and watch the world go by. Nobody bothered me, and I bothered no one. In fact, the only comment I got was one woman who paused for a moment to comment that my cigar smelled good, and what was it so she could buy some for her boyfriend.

I laugh at laws like these. Not only are they a clear intrusion of government for no good reason, but they're also just so silly and frivolous. I do actually make an effort to not be around anyone who is not smoking while I partake, but that said, whenever I'm walking and someone says something to me (which has never happened in a park but has happened on the street a couple of times) my universal response is "go away". It always works.

I'm perfectly healthy, I run marathons, and I don't need your health advise. Just get out of my face, and I'll stay out of yours, and we can all live happily.

And if you really want to clean up the air, then push government to use hydrogen powered buses, and require cabs to do the same, and place emissions restrictions on vehicles entering the city. THAT will make a difference.
12:06 PM on 06/28/2011
In fact, that sounds like such a good idea, that I'm going to do it again right now, this very moment. Life is good! :)
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TaylerWoods
04:12 PM on 06/28/2011
Actually, I do not laugh. Mostly because the intrusions are becoming too pervasive as dictated by the powers that be :/
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August Dunlap
transistor madness
07:10 AM on 06/28/2011
personally i think the nyc gov't has overreached in this case. sad that i can't go outside in the morning with a cup of coffee and a cig where there is no one around and enjoy a sunrise which isll cost me $50 bucks if i'm caught.

this is what happens when you have a mayor that's a billionaire.
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CateManhattan
Common sense is way too uncommon.
10:54 AM on 06/28/2011
This is what happens when you ingest something that will cost us big $$ when you get CHD, emphysema, and/or cancer. And you are likely to pass cancer on to your children.
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August Dunlap
transistor madness
03:11 PM on 06/28/2011
as if drunk drivers don't exist.
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TaylerWoods
04:15 PM on 06/28/2011
oops fav'd this accidently....sorry
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TaylerWoods
04:14 PM on 06/28/2011
If smokers just hung out near expired parking meters maybe the peas could double the city's revenue :D
01:23 AM on 06/28/2011
I can't believe how they are taking away our rights. We fought hard against the smoking ban in NYC but we lost. Now we can't even smoke in pubic. They are now going to make a law where you can't even smoke in your own apartment or condo.

I fought and fought just like everyone else but I lost. Now I smoke an electronic cigarette. It doesn't contain any tobacco, tar, carcinogens or other harmful additives like traditional tobacco based cigarettes. Best of all no secondhand smoke or tobacco odors for the non smokers to complain about. The smoke is just a harmless water vapor so you are basically humidifying your surroundings. You can get the replacement cartridges in a variety of flavors and they come in high, medium, low or no nicotine. It is also cost about 80% less than smoking tobacco cigarettes.

I now smoke in restaurants, at work, at bars and I even smoked on a flight to Mexico. I bought mine at http://www.Sherlocksden.com for $20.00. As my father always told me "if they close the door find a window to climb through.
10:00 AM on 06/28/2011
Your "right" to smoke ends the instant that smoke threatens to enter someone else's lungs.
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Brandon Baier
Independent and stuck in the middle.
11:16 AM on 06/28/2011
OK if your going to continuely hang on to that... then your right to drive ends the moment I try to cross the street. And it also ends at the moment that it puts carcingens, ride the bus? Same arguement applies, have a nice day, and try a new line cause thats getting old. Your fear doesnt dictate others lives.
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Parade Keegan
I Can Hear You
12:05 AM on 06/28/2011
It shouldn't be "smell flowers no smoke" it should be "smell idling car/truck exhaust not smoke". Lol
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ZombyWoof
Ain't it bleak when you got so much nothin'
09:07 PM on 06/27/2011
I was at Riverside Park and Fort Tryon yesterday and today and I saw smokers at both locations and as a non-smoker myself..................

I just couldn't care less if you paid me.
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rikster
buy the ticket-take the ride
08:43 PM on 06/27/2011
a very useless thing this "law"....
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CateManhattan
Common sense is way too uncommon.
04:28 AM on 06/28/2011
Except that it's working -- I haven't had to move to avoid smoke. No one was smoking in the park today. Thank god.
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August Dunlap
transistor madness
06:58 AM on 06/28/2011
how was I wrong and there was empty park benches in which i made sure i was away from people who didn't smoke but the couple decides to come sit two park benches away from me and ask me if i mind if i moved after i was there first. that's not being rude by telling them, "yes, i mind?" get real i think a l cohol smells bad on people but i'm not going to tell them that they should stop drinking. come on if i want to enjoy a cig where i pay taxes i should be able to do that i think the nyc gov't has gone to far.
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Brandon Baier
Independent and stuck in the middle.
07:04 PM on 06/27/2011
As a smoker I am finding this kind of stupid. Its a form of prohibtion, and really its just a way of saying that you cant handle people doing things that you dont like. Its called tollerance. I have never impossed on anyone else. If your can get a face of smoke from my smoke while walking behind me... your too close. So here is what I think. If I want to smoke somewhere why should I stay out of your way, why shouldnt you stay out of my way? Your the one worried about the health risks, and your the one who finds it offensive. Why should I not be aloud to watch the sunset over the ocean while having a cigarette? Why should you be aloud to tell me I cant. When they made us, as smokers, go to little specified areas I didnt complain. A full on BAN is rediculous. If my pursuit of happiness includes smoking on the beach, or anywhere else, who are you to tell me otherwise Mr Government?
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Alex Zhang
12:33 AM on 06/28/2011
So if you're in a pool and the person next to you pees in the pool, you think it's not that person's problem? Health supersedes happiness. Your happiness ends where my nose begins. The government couldn't care less about restricting your happiness. It's other people who want to do that.
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Brandon Baier
Independent and stuck in the middle.
01:26 AM on 06/28/2011
OK I'll give you that, but at the same time, if I asked you to pee in the toilet would you have the courtesy to do it there, and if you didnt I certainly wouldn't stay in the pool. I would say in the given situation you excercised a choice and either I had to deal with it being there or leave. So perhaps your example is a poor one.
On the other hand if you asked me not to smoke in your vacinity I would move, and I would expect most people would as well. Those that dont perhaps are looking for trouble.
Another point regarding your "peeing in the pool" is as I said I didnt object when they restriction like "X" feet from doors and ventalation systems. Smoking areas are completly different from a smoking "ban". We do have bathrooms/restrooms dont we? I dont mean to impose on anyone, as I said I will gladly seperate from anyone while I am smoking, and even go to the extent of waiting a few minutes before entering a building after smoking. But that doesnt mean I should allow you to impose on me either, perhaps it is a bit extreme for such a discussion but:
"To sin with silence when one should protest, makes cowards of men." -Lincoln.
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CateManhattan
Common sense is way too uncommon.
04:32 AM on 06/28/2011
One whiff of cig smoke, my sinuses revolt. Cigarette smoke smells awful -- it stinks. And you are spewing carcinogens.
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Brandon Baier
Independent and stuck in the middle.
10:50 AM on 06/28/2011
Well the exhaust from your car is doing much more of that then I am, and it offends my sinuses, so stop driving? You see I can play that game too. I dont think its awful, and I dont think it smells horrible, that your opinion. I can point out a million things that people use daily that are much more dangerous than my cigarete. Hell to be honest in many cases the meat you eat is less healthy thean my cigarette. And again, If you dont like it, go somewhere else. I dont like smog so I stay in the suburbs, its where I live. So you see I stay out of peoples way when they ask. Again a smoking area isnt something I would complain about, I know other people dont like it, that doesnt mean you have the right to prohibit me from doing something I want to do. If you are going to say, "Unless it hurts me," fine... then stop driving, cause there is no way you're going to compare my cigarette to your cars exhaust pipe.
HUFFPOST SUPER USER
Insanity rules
01:05 PM on 06/29/2011
What's next on your list of things you don't like that everyone has to fall in line with?
04:55 PM on 06/27/2011
We were in Union Square yesterday afternoon- There were lots of people smoking. Here's my beef- Honestly I really don't care if you smoke in the park as long as you are not sitting next to me (or another non-smoker) and you pick up your butt. What p**ses me off is when your walking down the street and there is a smoker in front of you blowing their smoke in your face, now there's something to give a ticket out for!
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August Dunlap
transistor madness
07:35 PM on 06/27/2011
but people have no control over the direction of the wind. and i suggest that you don't sit next to someone who smokes. i was in battery park sitting on a bench enjoying my cig and there were plenty of empty park benches and guess what this couple comes and sits two park benches over from me and the man ask me if i mind if moved because he was a non-smoker.

i told him yes, i mind and you need to move to another park bench and this was before the ban.
10:07 AM on 06/28/2011
"people have no control over the direction of the wind."

Which is exactly why it is appropriate to constrain the smoker, because they cannot control who their smoke impacts.
12:46 PM on 06/28/2011
Wow, you really showed him. See, this exactly why they pass these sort of laws, because of ignorant crap like this... Thanks for the science lesson that people can not control the direction of the wind, enlightening.. What we can control is the ability of people to blow their cancerous second hand smoke in the direction of my 4 year old when she is riding her bike through the park.
04:46 PM on 06/27/2011
Played golf yesterday with two lovely gentlemen who smoked cigars throughout. We had a good laugh about the silliness of the law (I do not smoke, um, tabacco) and I promised not to be a vigilante (as Bloomberg would recommend)
10:08 AM on 06/28/2011
The law only applies if it was an NYC municipal golf course.
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Brandon Baier
Independent and stuck in the middle.
11:04 AM on 06/28/2011
I see so the days of corporate and privatized land having its own laws IS actually upon us. I am not refutting your statement at all just making a point, this is how it starts. Privledges are now extended to make private land "above the law" so to speak.
Consider this, Nuclear plants, factories all with various levels of regulation, what happens when regulation starts to only effect public grounds, keep in mind before you answer that most land is not publically owned anymore, at least not non-rural areas.
11:33 AM on 06/28/2011
It was a municipal course: Marine Park. I had no problem with the cigars (they make me nauseous if I smoke them), especially because we were surrounded by highways. I think it would have been a little silly complaining about their smoke when we were breathing in the emissions from thousands of cars and trucks already.

There's courtesy and then there's silly laws. I don't think this needed to be put on the books.
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TaylerWoods
04:22 PM on 06/27/2011
Gotta love privatization of jails and prisons....so now, hypothetically, if a ticketed smoker does not show up for court (or pay the ticket)....he/she would be jailed for "contempt of court" for one cigarette? That's the ticket!
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Brandon Baier
Independent and stuck in the middle.
11:13 AM on 06/28/2011
Awesome someone else said it, I tire of getting flak for my opposition to the Private prison lobby, and I think you hit the nail on the head.
More and More over the private prisons are lobbying to make everything they can a citable or incarceratale offense, why? So they can keep their beds full and continue making terribly high profits considering the slave labor they use to produce goods from circuit boards to car parts.
Debtor's Prisons are coming back, and legislation is helping it along. Take a look at the various imigration bills around the country. All of them are not only modeled after AZ draft, written by the private prison industry leaders, and fully supportedby Wakenhut, parent company to GEO and CCA. F & Fed
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TaylerWoods
04:22 PM on 06/28/2011
I have a feeling your opposition would tend to complain that it is not "debtors prison" but "contempt of court".....I call it "a rose by any other name"
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Max Shaw
My micro-bio is no longer empty.
03:58 PM on 06/27/2011
Of course its a joke...As long as smokers arent following around other people delibately blowing it in someones face, then it should matter. If youre walking, well then, just walk past them. Problem solved. Many people smoke now, will in the future and we've gotten along just fine in the past.

Just dont be a d**k about it and people wont bother you. Then the rest of us will be able to smoke in peace wherever.
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LINY01
Kind Thoughts lead to Kind Words
08:13 AM on 06/28/2011
I agree, that would be the common sense thing to do--walk around or remove yourself but our society has become hyper intolerant of every little thing. If its not cig smoke, its someone's perfume, or someone's pet or someone's kid that annoys them.
11:34 AM on 06/28/2011
You hit the nail on the head. We don't have the right to "not be offended." Faved!
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TaylerWoods
04:24 PM on 06/28/2011
Or manufacturing plants "not in my backyard", but until the US creates jobs to make "stuff" I think the economy will be in the dregs :/
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CateManhattan
Common sense is way too uncommon.
11:10 AM on 06/28/2011
You expect me to cross the street to walk on the other side so that you can blow carcinogens where ever you want? Then what if your buddy is walking on that side of the street? I should walk in the street?

I've had two people burn my clothes with with their cigs while I was walking down the sidewalk -- a silk blouse, a suede jacket. When I tell other people, they say: "Oh wow, that's where I got that burn mark!"

Y'all must be dumb as rocks to smoke, but you also seem to think you aren't harming anyone else.
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Max Shaw
My micro-bio is no longer empty.
11:52 AM on 06/28/2011
Thats your problem.

You dont think other people have their clothes ruined too by people spilling food or drinks on other people? Or from rain? snow or what-have-you?

Quit your whining.