NYC C.L.A.S.H. v. City of New York, et al.

An association of smoking proponents challenged the constitutionality of tobacco control regulations in New York City that prohibit smoking in most indoor public places, including bars and restaurants. The Court found that the plaintiff had standing to bring the issue before the Court and that the issue was justiciable.  The Court, however, granted the defendants' motion for summary judgment and disposed of the matter, finding that the regulations do not violate smokers' rights to association, assembly, speech, travel, equal protection, contract, or due process. The Court further held that the bans are not arbitrary but were rationally enacted based on scientific evidence to address legitimate state interests.  (The attached copy of the court's decision was obtained from Action on Smoking and Health (ASH) (www.ash.org)).

DOWNLOAD DOCUMENT

NYC C.L.A.S.H., Inc. v. City of New York, et al., 315 F. Supp. 2d 461, United States District Court for the Southern District of New York (2004).

  • United States
  • Apr 21, 2004
  • United States District Court for the Southern District of New York

Parties

Plaintiff NYC C.L.A.S.H., Inc.

Defendant

  • Antonia C. Novello, in her official capacity as Commissioner of the New York State Department of Health
  • City of New York
  • Elliot Spitzer, in his official capacity as Attorney General of the State of New York
  • Thomas R. Frieden, in his official capacity as Commissioner of the City of New York Department of Health and Mental Hygiene

Cited Legislation

New York City Smoke-Free Air Act, N.Y.C. Admininstrative Code Sections 17-501 et seq.

New York State Clean Indoor Air Act, N.Y. Public Health Law Sections 1399-n et seq.

Related Documents

Type of Litigation

Tobacco Control Topics

Substantive Issues

Type of Tobacco Product

None