"CLASH casts the enactment of the Smoking Bans as a "knee jerk" reaction by the New York State Legislature and New York City Council based on one or two novel and specious scientific reports. According to CLASH, the government interest at issue here is based on a false premise because the allegations of the "purported lethal impact of secondhand smoke[ ] have no scientific basis whatsoever." (Pl. Mem. at 15.) CLASH alleges the enactment of the Smoking Bans was based upon "false, misleading, and dubious quasi-scientific studies and methodologies which greatly exaggerate the extent of the public and workplace risks of secondhand smoke ...." (Amd. Compl. at ¶ 58.) Quite to the contrary, the evidence in the record before the Court makes clear that smoking prohibitions contained in the Smoking Bans are but the latest development of what has been an evolution of smoking regulation prompted by scientific research confirming over the past 20 years or so that ETS poses potential health risks to non-smokers. In enacting the Smoking Bans, the New York State Legislature and New York City Council were not writing on a clean slate. The findings that ETS poses serious health risks are now well-documented from numerous independent sources. CLASH and its members can hardly be surprised by the progression of smoking restrictions. In fact, when the original CIAA and SFAA were enacted in 1989 and 1995 respectively, they could just as rationally have been extended to bars and restaurants as they were to other public places when these laws were adopted at that time. Moreover, the justification for smoking in a bar or restaurant is not materially different from that which pertains to offices, theaters, libraries, retail stores and other public places that were already covered prior to the enactment of the Smoking Bans. Conversely, there is nothing about a bar or a restaurant that makes ETS any less harmful to persons affected by it, and an outright prohibition on smoking there any less compelling. In other words, there is no inherent quality in bars and restaurants that offer some protective shield from ETS that other public places do not have. Indeed, in light of the greater incidence and amount of smoking that has traditionally occurred in bars and restaurants when compared to other places where smoking is prohibited, it is a wonder that the contrary argument has not been advanced, namely, that the prior versions of these laws were flawed insofar as they exempted some of the places where arguably the greatest risks may have existed. CLASH's fixation with discrediting both the particular reports that Defendants relied upon and the particular quoted death tolls quoted misapprehends the rational basis standard. It is of no consequence under rational basis review whether there were serious statistical flaws in the 1986 Report or the 1992 EPA Report; or whether the annual number of deaths attributable to ETS may actually be substantially less than the 63,000 figure cited in these reports. What is relevant for the purposes of the instant motion is that Defendants have persuasively demonstrated that there is a plethora of reliable and consistent evidence, upon which they relied in adopting the Smoking Bans, which concludes that ETS poses health risks to non-smokers. This body of evidence provides more than a sufficient rational basis to justify their enactments."