Firm Sues NYC Over E-Smoking Ban Under One-Subject Rule

(New York, NY)--Joshpe Law Group LLP has filed a suit on behalf of NYC Citizens Lobbying Against Smoker Harassment (C.L.A.S.H.) and advocate Russ Wishtart challenging the New York City Council's public ban on electronic cigarettes (e-cigs).

The bill, which bans e-cigs wherever conventional smoking has been banned under the City’s Smoke-Free Air Act (SFAA), was signed into law by outgoing Mayor Michael Bloomberg and is being challenged under the New York State Constitution’s and New York City Charter’s “One Subject Rule.” The One Subject Rule restricts legislation topics to only one subject, which must be expressed in the bill’s title.

Joshpe Law Group stated, “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. 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.”

The lawsuit was covered by the Wall Street Journal and New York Law Journal, among other publications.

Brett Joshpe