Smokers’ Rights Advocates Challenge Legality of NYC’s E-Cigarette Ban

A New York City law restricting electronic cigarettes is facing a legal challenge.

According to the law firm filing the case, the recent ban signed by then Mayor Michael Bloomberg violated the New York State Constitution’s and New York City Charter’s “One Subject Rule,” which restricts legislation topics to only one subject.

Brett Josphe, one of the attorney’s arguing the suit, told The Daily Caller News Foundation, “The single subject rule is designed to ensure clarity and transparency in legislation and to prevent conflating separate issues as part of social agenda, as the City Council did in this case.”

The city’s e-cigarette ban was initially passed as an amendment to the decades old City’s Smoke-Free Air Act (SFAA), which Josphe’s law firm argues was solely intended to protect the public from the adverse consequences of secondhand smoke exposure.

“Not a single justification for the e-cig ban has anything to do with smoking around others or protecting citizens or workers from exposure to secondhand smoke,” said the statement announcing the lawsuit.

Instead, “With Bloomberg’s urging, the Council’s justifications for the addition of e-cigs to the SFAA included that e-cigs have not been approved by the FDA and their use may increase the social acceptability of smoking,” the statement explained.