On Nov. 28, the Westchester Board of Legislators (BOL) passed a bill banning the retail sale and distribution of flavored tobacco products in Westchester County. The final vote was 11-6 and was closer than some had believed. When enforced in six months, the legislation will be one of the most comprehensive in the state by banning all tobacco flavors, including menthol, mint, and wintergreen.
“This is a positive step for public health in Westchester County. It is good policy and protects the vulnerable from continuing to be exploited by Big Tobacco. We seized an opportunity to shield our citizens, especially children from the challenges of nicotine addiction and related health risks,” remarked Legislator Williams Johnson, sponsor of the bill and Chair of the Committee on Health, “In passing this legislation, our Board has set an example for other jurisdictions to follow. The lives of our children and families are worth so much more than the millions of dollars tobacco manufacturers make from the intentional, long-term destruction of our communities.”
“People under 25 are more susceptible to nicotine dependency because the human brain is still developing. Menthol enhances the effects of nicotine on the brain leading to lower impulse control and higher risks of lifelong addiction. By banning these lethal products, we are going to save lives,” Chairwoman Catherine Borgia commented, “I congratulate Health Committee Chair Legislator Williams Johnson for her tenacity in getting this legislation over the finish line.”
Majority Leader Legislator Christopher Johnson added, “The road to getting this bill passed was full of roadblocks. But, even with intense pressure from the tobacco industry, we remained resilient to make Westchester pioneers in the fight against flavored tobacco. We urge our counterparts in other counties to do the same.”
Six county legislators voted no. They are, Legislators Ben Boykin, James Nolan, David Tubiolo, Margaret Cunzio, Terry Clements and Tyrae Woodson-Samuels.
Legislator Woodson-Samuel said, “My community was not involved in this discussion, they are not around listening to committee meetings. History shows us prohibitions don’t work, and bans don’t work. We should be enforcing the laws on the books, and incorporating more education. Whether its levying a tax on these products to work with partents and schools to protect their children from these products. If the youth are getting their hands on these products, they are getting them illegally, from a black market that will exasperate. I grew up on the south side of Mt. Vernon. We all know there has been many examples in history where the intention was good but the repercussions unforseen, and my community always bears the brunt. I stand opposed to this legislation. I’m going to stand with Eric Garner’s mother and black law enforcement. This has not been an impartial, balanced process.”
Legislator Terry Clements said, “Some thing don’t require legislation, they require education.”
Legislator James Nolan said, “I don’t smoke but its my choice, and it should be anyone’s choice if they want to continue to do it. The government should not step into anybody’s life and do this. It’s an 8 minute drive to the Bronx from my district, which makes it easy to open up the black market. Teenagers are getting it right now, and small business have reached out and said we don’t want this. So when you run for reelection next year, don’t ask for their support.”
Legislator David Tubiolo said, “I have concerns of unitended consequences. My constituents in Mt. Vernon and Yonkers have grave concerns about the unintended consequences. Maybe we should be discussing banning all cigarettes.”
Legislator Ben Boykin said, “The companies making these products target people of color, and people of color lack access to health care. This board has taken steps to raise the age to 21, but they are still gettingh access and smoking. While I do believe that this is well intended legislation, it does not stop solve the probme of getting access to menthol products and using them. I am also troubled that this legislation is targeting a certain population. Prohibiton does not work.”
Legislator Jose Alvarado said, “I support this legislation but this is not a silver bullet. Twenty years ago, we banned smoking in restaurants and it was a move in the right direction. I have kids and my older kid was exposed to smoking in school. I am hoping that the access of flavored tobacco will be reduced. Let’s invest in patches and other ways to help people break away from being hooked.”
Legislator Damon Maher said, “We are working against powerful forces. This seems like common sense to many of us. If Hazel Dukes and the NAACP supports this legislation, that means something to me. This is not a right that we are taking away, its a burden that we are lifting from people. If you are pushing and selling tobacco, knowing what we know, you have no shame.”
Legislator MaryJane Shimsky said, “I started smoking when I was in high school for 15 years. I started with Marlboro’s and it made me sick, and I found the wonders of menthol. People who are smoking have been purposely addicted by an industry that is a death factor. We are not in a position to ban tobacco prodcuts entirely, but we can look at the public health consequences of flavored tobacco.”
Majority Leader Johnson added, “This is not a bad police bill its a public health bill. When someone is thrown to the floor that is bad policing. And the idea that we will lose $40 million in economic impact is absurd.”
Kevin O’Flaherty, Director of Advocacy for the Campaign for Tobacco-Free Kids, said after the vote, “Today, the Westchester County Board of Legislators voted to end the sale of flavored tobacco products. Not only will this landmark legislation save lives by protecting kids from the deadly consequences of smoking, but it also promises to advance health equity throughout the County. We urge County Executive George Latimer to sign the bill into law without delay.”
Speakers at the meeting included Gwen Carr, who lost her son Eric Garner at the hands of the NYPD while he was selling “loosies” or single cigarettes. “I do not smoke, but i just think that this is a racist bill because they are only talking about menthol cigarettes. Why don’t you ban all cigarettes? But you aren’t touching Marlboro Country. 85% of black and brown people choose to smoke menthol, and my son died because of unintended consequences.”
Damon Jones, Publisher of Black Westchester Magazine and a member of Black Men in Law Enforcement said, “I am appalled listening to black people endorse a bill that punishes black people. I understand that we want to save our children, but its already prohibited to sell products under the age of 21. The law is not working and there is no enforcement. If you want to save the black community, Mt. Vernon doesn’t have a full functioning hospital. Are we about black people’s health? This is hypocrisy, unless you ban all cigarettes. But white folks smoke the other kind.”
Dr. Hazel Dukes, president of the New York State Conference of the NAACP, and Legislator Jewel Williams Johnson, wrote the op-ed in Amsterdam News last week that directly addresses the argument raised in the Board’s meeting this evening that the proposed ban will lead to further criminalization of members of the Black community in Westchester County.
Enforcement of this ban will rest solely with the County Department of Health and not by any other agency, especially not those responsible for criminal law enforcement. There are no criminal penalties to individuals for using flavored tobacco products, however fines will be issued to businesses found out of compliance.
