January 22, 2008
Anti-smoking ordinances c. 1908

From the Jan. 22, 1908 NYT:

The thousands of women in New York who have never thought of smoking in public places are now prohibited from doing so by law. The Board of Aldermen yesterday passed the Sullivan anti-smoke ordinance by a vote of 73 to 0. Here is the new law:

Section 1. No person, firm, or partnership, corporation, or association, of whatever character, owning or controlling, either as proprietor, or manager, any hotel, restaurant, place of public entertainment, or other place of public resort, in the City of New York, in which people meet and congregate, whether for purpose of refreshment or entertainment, shall allow any female to smoke in any such hotel, restaurant, place of public entertainment, or other place of public resort, such an act being construed as in contravention of the provisions of Subdivision 14 of Section 49 of the Greater New York charter. [emphasis mine]

2. Any violation of the provisions of this ordinance, upon conviction thereof before a City Magistrate, shall be punishable by a fine of not less than $5 nor more than $25, or by imprisonment in the city prison, or by both, but no such imprisonment, however, shall exceed a term of ten days.

The only way to make an anti-smoking law more discriminatory is to make it apply only to one gender.

In 1995 and 2003, New York City made the anti-smoking law gender neutral.

Posted by Craig Depken at 01:31 PM in Law

The statesman who should attempt to direct private people in what manner they ought to employ their capitals would not only load himself with a most unnecessary attention, but assume an authority which could safely be trusted, not only to no single person, but to no council or senate whatever, and which would nowhere be so dangerous as in the hands of a man who had folly and presumption enough to fancy himself fit to exercise it. -Adam Smith

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