Beatie v. New York City

Plaintiff, an attorney and self-described cigar aficionado, claimed that the City of New York's Smoke-Free Air Act (Act), prohibiting the use of tobacco products in public places, should not apply to the smoking of cigars because the existing evidence demonstrating the harms of environmental tobacco smoke pertained only to cigarettes. The United States District Court for the Southern District of New York found that the measure applied to cigar smoke. The plaintiff appealed, claiming that the Act lacked a rational basis for its enactment and that the administrative process by which New York passed the Act violated the plaintiff's substantive due process rights. The United States Court of Appeals, Second Circuit, affirmed the constitutionality of extending the Act's prohibitions to include cigar smoke.  


Beatie v. City of New York, 123 F.3d 707, United States Court of Appeals, Second Circuit, 1997.

  • United States
  • Sep 2, 1997
  • United States Court of Appeals, Second Circuit


Plaintiff Russell H. Beatie, Jr.


  • City of New York
  • Council of the City of New York
  • Rudolph Guiliani

Legislation Cited

Smoke-Free Air Act (New York City Administrative Code, Section 17, Chapter 5)

Related Documents

Type of Litigation

Tobacco Control Topics

Substantive Issues

Type of Tobacco Product