The Oneida Indian Nation is trying to fight this whole smoking ban idea, because it would not be good for them. Idealistically they would like smoking to be allowed at the Turning Stone Resort and Casino, for the place its survival. Oneida County health officials requested a waiver of the New York State Clean Indoor Air Act, which prohibits smoking in workplaces all over the state.
If smoking is banned should be everywhere should be banned too. If it is not banned everywhere, competition will be inevitable. On Nov. 29, the Nation was issued a notice for a smoking violation. This was the first time since the Clean Indoor Air Act was amended in 2003. Oneida County Assistant Attorney Raymond Bara said there are two reasons a business can receive a waiver either financial reasons or for legal reasons.
Bara claimed one of these exceptions for facing a waver would be forcing patrons to smoke outside if the business is in a bad neighborhood, putting them in harms way. A waiver would allow them to protect their patrons by creating an indoor area for smokers. Of the approximately 30 waivers the majority were granted to businesses that claim the smoking ban would create a financial hardship. This is exactly what the nation is arguing for.
County officials are still discussing the waiver application, which should be decided on Jan. 20 in court. The Nation could be issued a $1,000 fine for the violation, if found guilty. Normally there isn’t a hearing on a waiver application, but there could be if there is an appeal on a denied application. |
