TOBACCO CONTROL LAWS

Empire State Restaurant and Tavern Association, Inc., et al. v. New York State, et al.

Several owners and operators of bars and food service establishments challenged the constitutionality of a tobacco control law in New York State that regulated smoking in public places and in places of employment, claiming that the law was preempted by federal law and was impermissibly vague.  The Court denied the plaintiffs' request for a preliminary injunction prohibiting enforcement of the law, finding that the federal regulation cited by plaintiffs did not preempt state law because it regulated exposure to hazardous chemicals in the workplace generally and was not intended to regulate environmental tobacco smoke specifically.  The Court further found that neither the definition of a bar as an establishment in which the sale of food is "incidental to" the alcohol-driven business nor the language permitting waiver of the regulations in specified situations were unconstitutionally vague.

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Empire State Restaurant and Tavern Association, Inc., et al. v. New York State, et al., 289 F. Supp. 2d 252, United States District Court, Northern District of New York (2003).

  • United States
  • Oct 21, 2003
  • United States District Court, Northern District of New York

Parties

Plaintiff

  • Barmarsue, Inc., d/b/a Murray's
  • Buies, Inc., d/b/a Dodester's
  • Donna Deats, d/b/a Lost & Found Inn
  • Empire State Restaurant and Tavern Association, Inc.
  • Four Seasons Beverage and Catering, Inc., d/b/a Tazmond's Pub
  • Keefe's Tavern, Inc., d/b/a Keefe's Tavern
  • Walter G. Bandych, d/b/a Stash's Pub

Defendant

  • Antonia C. Novello, in her official capacity as Commissioner of the New York State Department of Health
  • Eliot Spitzer, in his Official Capacity as Attorney General of the State of New York
  • New York State
  • New York State Department of Health
  • New York State Department of Law

Legislation Cited

Laws of 2003 for New York State, Chapter 13

New York State Clean Indoor Air Act, Laws of 1989 for New York State, Chapter 244

Occupational Safety & Health Administration, Air Contaminants, 29 C.F.R. Section 1910.1000

Related Documents

None

Type of Litigation

Challenge to Government Policies Relating to Tobacco Control/Public Health
Tobacco companies or front groups may challenge any legislative or regulatory measure that affects their business interests. Unlike public interest litigation, these cases seek to weaken health measures. These cases frequently involve the industry proceeding against the government. For example, a group of restaurant owners challenging a smoke free law as unconstitutional.

Tobacco Control Topics

Smoke Free Measures
Measures to reduce or eliminate exposure to tobacco smoke. (See FCTC Art. 8)
Contents and Disclosures Measures
Measures for testing, measuring, regulating, or disclosing the contents and emissions of tobacco products. (See FCTC Arts. 9 and 10)
Liability
Measures dealing with criminal and civil liability, including compensation. (See FCTC Art. 19)

Substantive Issues

Preemption
The subject matter of the case should be dealt with at a state level or national level.

Type of Tobacco Product

None

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