Gothamist
A non-profit newsroom, powered by WNYC.
Gothamist
Listen Live
News
E-Cig Advocates Sue City Council To Block Looming Ban
By
Christopher Robbins
Published Mar 25, 2014
Modified Mar 25, 2014
Share
FacebookTwitterRedditEmail
Never miss a story
Email address
By submitting your information, you're agreeing to receive communications from New York Public Radio in accordance with our Terms .
Getty Images
By
Christopher Robbins
Published Mar 25, 2014
Modified Mar 25, 2014
Share
FacebookTwitterRedditEmail
We rely on your support to make local news available to all
Make your contribution now and help Gothamist thrive in 2026. Donate today
Gothamist is funded by sponsors and member donations
On April 29th, electronic cigarettes will be illegal to use everywhere traditional cigarettes are prohibited. The ban on e-cigs was passed by the City Council in late December, and amended the Bloomberg administration's landmark Smoke Free Air Act of 2002. Today advocates for e-cigarette users filed suit [PDF] against the City Council, claiming its ban violates the New York State Constitution.
While the raucous City Council hearing on the ban centered on the science (or lack thereof) behind electronic cigarettes, the advocates, led by Audrey Silk's NYC Citizens Lobbying Against Smoker Harassment (CLASH) and e-cig proponent Russ Wishtart, say the ban is illegal on a technicality.
"Our argument is not health-based," Wishtart says. "New York City passed a law, and [the City Council] amended that law. You cannot edit an existing law to include something that has nothing to do with the existing law."
The New York State Constitution stipulates that "No private or local bill…shall embrace more than one subject, and that shall be expressed in the title."
"The SFAA now regulates smoke exposure from tobacco smoking, on the one hand, and e-cig use on the other—two distinct subjects in violation of the 'One Subject Rule,' the firm representing the advocates, Joshpe Law Group, said in a statement. "For all intents and purposes, Title 17, Chapter 5, of the NYC Administrative Code is now the ‘Smoke Free Air and E-Cig Act.’ There are procedural and substantive bounds to the council's authority that have clearly been exceeded, and this law must be struck down as a result.”
In October, the Joshpe Law Group successfully argued a case that struck down an order issued by the New York State Parks department that banned smoking at its outdoor facilities.
A spokesman for the Law Department said they'd review the complaint. City Council spokeswoman Robin Levine responded to the lawsuit in a statement: "Our legislation ensures the goals of the Smoke-Free Air Act are not undermined and protects the public against these unregulated substances, and we are confident it will be upheld in Court.”
The dearth of long-term studies on the effects of electronic cigarettes (and the FDA's continued silence on the product more than a year after it was supposed to issue a ruling) have led to a confusing cacophony of soundbites. E-cig vapor is harmless, except when it's toxic. E-cigs help smokers quit, or maybe they don't. Nicotine use is safe, but also deadly.
Meanwhile, Stephen Dorff keeps cutting TV ads.
Tagged
e-cigs
electronic cigarettes
smoke free air act
vapers
original
Christopher Robbins
Christopher Robbins is a New York City reporter covering transportation, affordable housing, local politics, and criminal justice. His work has also appeared in New York Magazine, The Village Voice and The New York Times. Chris is a graduate of Patrick Henry High School in Roanoke, Virginia, and enjoys biking to Fort Tilden in the summertime.
Read more
Gothamist is funded by sponsors and member donations
Gothamist is funded by sponsors and member donations
MORE news
NYC tow companies busted for ripping off drivers must give $67K in refunds, city says
Mayor Mamdani has expanded enforcement on towing scams, but the unlicensed towing industry remains largely unregulated.
By
Liam Quigley
Published Oct 2, 2026 at 4:47 p.m. ET
Off-duty NYPD officer stabbed in the Bronx, police say
Mayor Zohran Mamdani and Commissioner Jessica Tisch visited the officer in the hospital.
By
Ryan Kost
News
Off-duty NYPD officer stabbed in the Bronx, police say
Mayor Zohran Mamdani and Commissioner Jessica Tisch visited the officer in the hospital.
By
Ryan Kost
DOC negligence factored in death at Rikers' Bellevue hospital outpost, jail officials say
By
Brittany Kriegstein
Conductor on NYC subway that dragged man to death may have skipped safety check, source says
By
Stephen Nessen
NYPD still searching for man who threw burning substance on victim in East Harlem
By
Ryan Kost
Never miss a story
Catch up on the most important headlines with a roundup of essential NYC stories, delivered to your inbox daily.
Sign upEmail address
By submitting your information, you're agreeing to receive communications from New York Public Radio in accordance with our Terms .