“The bill…has been vigorously opposed by a significant number of local African-American groups and leaders..all who assert their communites would be negatively impacted by banning these products….The cultural objections raised must be forthrightly addressed, and where possible remedied….This intersection between making certain tobacco products illegal to sell at the same time we are allowing cannabis to be legally sold, creates a societal concern that must be more fully researched and addressed,”
-Westchester County Executive George Latimer
“On behalf of POW’R Against Tobacco we are greatly disappointed by the news of the veto from County Executive Latimer,” Meghan DuBois O’Connor, MPA Director POW’R Against Tobacco
Democratic Supporters on County Board Shocked, Dumbfounded, Blindsided; Opponents Jubilant
At 455pm on Monday Dec. 12, Westchester County Executive George Latimer vetoed the Flavored Tobacco Ban legislation that passed the County Board of Legislators by an 11-6 vote. Several democratic legislators who supported the ban, told us they were “blindsighted, shocked and dumbounded” by Latimer’s veto, and that they were given no notice or warning that it was coming.
But we also spoke to opponents of the ban who told us they were “jubilant and thankful” for Latimer’s veto, and for the support that came from Deputy County Executive Ken Jenkins.
The 11-6 vote means that there are not the 12 votes needed to override Latimer’s veto, thus killing the ban from becoming law. Latimer does have a press conference scheduled for 930 am on Dec. 13 to discuss other measures that the county will be taking in lieu of the ban.
In his Veto message, Latimer thanks the legislators for brining up the topic for discussion, but points to the efforts already made in Westchester to curb smoking and the use of flavored tobacco, including banning smoking in all bars and restaurants in 1996; using tobacco settlement funds for tobacco-cessation education in 1999; and ending the sale of tobacco to minors under 18 in 2018.
As a result, Latimer writes, “These major initiatives have helped reduce tobacco usage in our county dramatically. Westchester County has the lowest percent of adult current smokers among the 62 counties in NY: 7%. This compares favorably to other jurisdictions; Suffolk County-11.2%; Sullivan County-21%; Washington County-25.3%. We are not yet satisfied, we can do more. Accordingly, I am announcing two major actions today.”
I-Tobacco Education Campaign: “The county will fund and implement a robust $3 Million public education campaign to all residents, highlighting the dangers of tobacco usage, offering efforts to help smokers quit smoking, and to support local community efforts to reduce smoking.
II-Tobacco Enforcement Campaign: The County will develop a multi-level program to ensure improved enforcement of our existing Tobacco 21 age limit, under the leadership of Deputy County Executive Ken Jenkins, who will convene a conference with all stakeholders.
Veto: “Unfortunately, there are a number of unintended consequences that have generated significant opposition to this bill. This is a nationwide debate, with advocates seeking bans by state and local governments in lieu of national tobacco policy. The bill, which has stronger support in some quarters of our county, has been vigorously opposed by a significant number of local African-American groups and leaders; Middle Eastern and Arab-American leaders; representatives of union organizations, all who assert their communites would be negatively impacted by banning these products….The cultural objections raised must be forthrightly addressed, and where possible remedied. The bills provisions are more extensive and sweeping in scope than the current law in effect in New York City…A more thorough review of these objections and discussions is warranted. ..This intersection between making certain tobacco products illegal to sell at the same time we are allowing cannabis to be legally sold, creates a societal concern that must be more fully researched and addressed…. I hereby disprove and Veto Local Law 461-2022, writes Latimer. “
While Latimer is thoughtful in his Veto letter, and expresses the same arguments that opponents have presented over the past 9 months, supporters of the bill have two concerns not only about Latimer’s Veto, but the way in which he did not share what was coming with the democratic members of the County Board of Legislators.
“I can speak for a lot of colleagues in saying we are shocked, disappointed and astonished, after putting in so much work to try and help reduce the availabilty of this insidiously marketed, dangerous product in the community, that the County Executive would dismiss the judgement of such a clear majority of the Board of Legislators,” said Legislator Damon Maher. “Today, Big Tobacco claims another victory over the people.”
Another Legislator told us, “This all happened at the last minute. There was no advance notice to the legislators. Some democrats around the county office building are furious. If they were going to veto, why not tell anyone before? Instead you do it 5 minutes before it becomes law? It’s like they tried to sneak it in.”
County Board staffers “had no idea this was coming.” Supporters of the legislation were also shocked when told of the veto.
“On behalf of POW’R Against Tobacco we are greatly disappointed by the news of the veto from County Executive Latimer. For the last four years we have diligently worked to educate the community and the Westchester County Legislature about the harmful effects of flavored tobacco products in our community and to address health disparities. According to the 2021 POW’R Against Tobcco Adult Community Tobacco Survey over half of those surveyed agree that menthol in cigarettes makes it easier for youth to start smoking and support a ban on the sale of menthol cigarettes. We will continue to educate the community on the harmful effects of all tobacco products especially those with flavors. We thank all the legislators, advocates, community partners and youth for their support during this process.”
Other advocates said they were told that Latimer would simply not sign the bill and let it become law. “There were tears of betrayal from a few of us, but all of us our stunned. He didn’t indicate to anyone that this was coming.”
Opponents of the ban were “jubiliant” as one vocal Westhcester community leader told us. “There were too many ways that this bill didn’t make sense for communities of color,” said Damon Jones, Publisher of Black Westchester and a member of Black Law Enforcement. “We made sure that our voice was heard and thank the County Executive for his veto. Now lets work to get a fully operational hospital in Mount Vernon.”
County Legislator James Nolan said, “I applaud the County Executive for vetoing the Flavored Tobacco Ban that was passed by the Westchester Board of Legislators a few weeks ago. If passed the bill would have unfairly hurt small businesses and workers. I also would not support a law that would fire my fellow Teamsters members or any union members. I will vote to sustain the County Executive’s veto!”
Other political insiders are saying that the critical vote to hold Latimer’s veto intact came from Legislator Terry Clements. “When Legislator Clements voted no, that turned out to be the key vote. We could now sustain the Veto and they didn’t have the votes. Legislator Boykin’s no vote was also a surprise to some.”
