The Real Deal New York

Smokers score victory in UWS condo battle

Residents for the ban failed to receive a majority of votes
June 14, 2014 03:00PM

 A drawn out battle over a smoker’s right to light up in their own home has come to a close at the Upper West Side’s Vaux building. And the smokers have emerged victorious.

For now the verbal pugilism is over. Those in favor of the ban received 198 votes, while 94 opposed. But to change condo bylaws a super-majority of two-thirds of all unit owners is necessary, according to Curbed.

“The board thought that if they framed the issue in terms of smoking only, they would get enough support, because smoking is unpopular,” building resident Candice Elliot said. “But people saw that it was not merely a smoking issue, but one of an activist board whose members saw themselves as being on the vanguard of this anti-smoking movement.” [Curbed]Christopher Cameron

  • harleyrider1778

    Judge doesnt accept statistical studies as proof of LC causation!.

    It was McTear V Imperial Tobacco. Here is the URL for both my summary and the Judge’s ‘opinion’ (aka ‘decision’):

    (2.14) Prof Sir Richard Doll, Mr Gareth Davies (CEO of ITL). Prof James Friend and
    Prof Gerad Hastings gave oral evidence at a meeting of the Health Committee in
    2000. This event was brought up during the present action as putative evidence that
    ITL had admitted that smoking caused various diseases. Although this section is quite
    long and detailed, I think that we can miss it out. Essentially, for various reasons, Doll
    said that ITL admitted it, but Davies said that ITL had only agreed that smoking might
    cause diseases, but ITL did not know. ITL did not contest the public health messages.
    (2.62) ITL then had the chance to tell the Judge about what it did when the suspicion
    arose of a connection between lung cancer and smoking. Researchers had attempted
    to cause lung cancer in animals from tobacco smoke, without success. It was right,
    therefore, for ITL to ‘withhold judgement’ as to whether or not tobacco smoke caused
    lung cancer.

    [9.10] In any event, the pursuer has failed to prove individual causation.
    Epidemiology cannot be used to establish causation in any individual case, and the
    use of statistics applicable to the general population to determine the likelihood of
    causation in an individual is fallacious. Given that there are possible causes of lung
    cancer other than cigarette smoking, and given that lung cancer can occur in a nonsmoker,
    it is not possible to determine in any individual case whether but for an
    individual’s cigarette smoking he probably would not have contracted lung cancer
    (paras.[6.172] to [6.185]).
    [9.11] In any event there was no lack of reasonable care on the part of ITL at any
    point at which Mr McTear consumed their products, and the pursuer’s negligence
    case fails. There is no breach of a duty of care on the part of a manufacturer, if a
    consumer of the manufacturer’s product is harmed by the product, but the consumer
    knew of the product’s potential for causing harm prior to consumption of it. The
    individual is well enough served if he is given such information as a normally
    intelligent person would include in his assessment of how he wishes to conduct his
    life, thus putting him in the position of making an informed choice (paras.[7.167] to

  • harleyrider1778

    This pretty well destroys the Myth of second hand smoke:

    Lungs from pack-a-day smokers safe for transplant, study finds.

    By JoNel Aleccia, Staff Writer, NBC News.

    Using lung transplants from heavy smokers may sound like a cruel joke, but a new study finds that organs taken from people who puffed a pack a day for more than 20 years are likely safe.

    What’s more, the analysis of lung transplant data from the U.S. between 2005 and 2011 confirms what transplant experts say they already know: For some patients on a crowded organ waiting list, lungs from smokers are better than none.

    “I think people are grateful just to have a shot at getting lungs,” said Dr. Sharven Taghavi, a cardiovascular surgical resident at Temple University Hospital in Philadelphia, who led the new study………………………

    Ive done the math here and this is how it works out with second ahnd smoke and people inhaling it!

    The 16 cities study conducted by the U.S. DEPT OF ENERGY and later by Oakridge National laboratories discovered:

    Cigarette smoke, bartenders annual exposure to smoke rises, at most, to the equivalent of 6 cigarettes/year.


    A bartender would have to work in second hand smoke for 2433 years to get an equivalent dose.

    Then the average non-smoker in a ventilated restaurant for an hour would have to go back and forth each day for 119,000 years to get an equivalent 20 years of smoking a pack a day! Pretty well impossible ehh!

  • harleyrider1778

    Jihadi Militants Ban Smoking And Guns In Conquered Territories

    In a major coup for public health and safety the Islamic State of Iraq and Syria has banned smoking, alcohol, and guns in the provinces it conquered just days ago, the International Business Times reports.

    The Sunni militant group, which seized control of Iraq’s second largest city Thursday and is pushing toward Baghdad, “has a surprisingly sophisticated bureaucracy,” according to the Atlantic. “In Raqqa, they forced shops to close for selling poor products in the suq (market) as well as regular supermarkets and kebab stands—a move that was likely the work of its Consumer Protection Authority office.”

    ISIS explained its opposition to smoking back in January after conquering the Syrian province of Raqqa, calling it a “slow suicide” and saying that “every smoker should be aware that with every cigarette he smokes in a state of trance and vanity is disobeying God.”

    Approximately 40% of male Iraqis and 60% of male Syrians smoke, according to recent surveys.

    Smoking is not categorically banned in Islam, although some Islamic leaders have issued tobacco fatwas prohibiting cigarette and hookah consumption — possibly under the influence of foreign anti-tobacco NGOs.

    The Iraqi government had repeatedly tried and failed to institute smoking bans in public places, much to the ire and confusion of many Iraqis. ”We want Saddam back,” said one Iraqi in 2009, when the government first tried to bass the pan. “You could do anything during Saddam’s time.” As the Washington Post noted at the time, the ban was likely motivated by a desire “to shake off Iraq’s image as a battle-ravaged, lawless country.”

    The militants have gained control of the region with astonishing celerity, taking cities in fractions of the time it took US forces during the Iraq War. “Tuesday saw ISIS overrun Mosul in one night as security forces fled the city,” noted National Journal correspondent Kaveh Waddell. “The coalition campaign to take the city in 2004 took over a week and failed to stabilize the city.”

    Smoking bans are increasingly popular in the United States, with an estimated 80% of Americans living under a ban in “workplaces, and/or restaurants, and/or bars,” according to the American Nonsmokers’ Rights Foundation. “If you want to live longer and healthier…come to New York City,” said Mayor Bloomberg in 2011, crowing about the increased life expectancy of NYC residents in the years after his landmark smoking ban. Maybe that’s what the Jihadis had in mind.

    Read more:

    • harleyrider1989

      Really the Former mayors funding terrorists now as they cut off the heads of smokers in IRAQ and Syria
      Edict not funded by NYC
      mayor: Muhammadiyah

      Arghea D. Hapsari, The Jakarta Post, Jakarta | National | Sat, March 13 2010, 10:26 PM

      An organization owned by the mayor of New York City has channeled over US$390,000 to Muhammadiyah as part of a global anti-tobacco campaign, but the country’s second largest Islamic organization denied the funding influenced its recent edict banning smoking.

      A. Fattah Wibisono, a deputy secretary at Muhammadiyah’s council tasked with issuing religious edicts, acknowledged that his organization was cooperating with the Bloomberg Initiative to Reduce Tobacco Use, a philanthropic organization established in 2006 by Michael R. Bloomberg to fight tobacco use in low- and middle-income countries.

      The US$125 million global initiative was extended with a new $250 million commitment in 2008. The initiative funds related projects in Indonesia and many other countries. Its website says that Muhammadiyah was a recipient of grants totaling US$393,234 from November 2009 to October 2011.

      Other recipients include the Bogor City Health Agency, National Commission for Child Protection (Komnas PA), and the Demographic Institute at the University of Indonesia’s School of Economics.

      The Bloomberg Initiative says on its website,, its program with Muhammadiyah aims “to mobilize public support towards obtaining religious policy on tobacco control and to support FCTC [Framework Convention on Tobacco Control] accession”.

      Muhammadiyah issued an edict banning its followers from smoking on Wednesday, basing its argument on the Koran, which bans Muslims from taking their own lives. It also urged the government and the House of Representatives to ratify the FCTC.

      Fattah, however, maintained that the council did not receive funding to issue the edict.

      “Muhammadiyah is committed to creating a clean environment and a healthy society. We have a program for that and Bloomberg knew of this program and they offered [to fund it],” he told The Jakarta Post.