By Marley Seaman
On April 24, the county Legislature unanimously approved the bill, which was introduced by Diane Yatauro (D-Glen Cove) and Jeff Toback (D-Oceanside) in October 2004. County Executive Tom Suozzi signed it into law two days later, and it will go into effect in late August. The bill is intended to keep cigarettes away from high schools.
Superintendent of Malverne School District, Dr. Mary Ellen Freeley said, "As a district, we put a strong emphasis on the importance of health education and the effects of not only tobacco, but of all substances on the body and mind. The passing of this law correlates strongly to what we are teaching the students here at Malverne. If we can keep harmful substances out of the hands of teenagers, I strongly believe we can keep it out of their lives forever. It is a positive step toward a stronger, more healthy community.²
Under the new law, which takes effect 120 days after its signing, stores will be barred from selling any tobacco products, including cigarettes, cigars, chewing or powdered tobacco, herbal cigarettes, rolling paper or pipes, to anyone under 19 years of age. They must also ask anyone who appears younger than 25 for ID, and retailers will be required to post a sign explaining the new law in red letters at least half an inch high. Those who violate the law will face a $1,000 fine.
"I think it's a good day for public health in Nassau," said Toback. "Hopefully this will become a state law, as it did in New Jersey."
"We'll make it harder for [younger students] to befriend seniors to buy cigarettes," Suozzi said before signing the bill at Lawrence High School. "Anything to prevent smoking is a good thing to do, because we all know smoking kills."
In January, New Jersey became the fourth state after Alaska, Alabama and Utah to raise the smoking age from 18 to 19. Suffolk County passed a similar law in December 2004.
Legislators were confident that the bill would be effective in reducing teen smoking. "What we're trying to do here is save your lives," Legislative Presiding Officer Judy Jacobs told high school students before the bill was signed. Jacobs said that her husband died two years ago as a result of 40 years of smoking, even though he had quit 12 years earlier.
Many of the students who attended the signing were members of Students Against Destructive Decisions, which raises awareness of the consequences of underage drinking, drug use and other behaviors. "It's important, because healthy habits start early on, so why not start with teenagers?" said Lawrence junior Stacy Feinsot.
Questions about the law
Other students, as well as school administrators, wondered how effective the law could be. "It¹s going to help, the question is to what extent," said Lawrence High School Principal Geoffrey Touretz. "It's been our experience that it's a pretty common practice for students to have fake ID's."
Some students were opposed to Tobacco 19. At the press conference, Suozzi offered the microphone to high school SADD President Evan Warshaw, who said he couldn't support the bill. "People should be responsible for their own actions," Warshaw said.
Senior Lisa Santisteban said that younger students who could no longer get cigarettes from their friends might begin associating with even older smokers, bringing them into more dangerous situations involving alcohol and drugs.
Although Suozzi said it was hard to imagine that anyone would oppose Tobacco 19, the law took a year and a half to get through the county Legislature. The bill was amended a number of times on April 24 before passing by a 19-0 vote.
Legislator Joseph Scannell (D-Baldwin) said he was opposed to the bill when it was introduced. "At the time, I was concerned that if we were going to be sending kids over to Iraq as 18-year-olds to fight for our country, they should have the right to choose whether or not to smoke," Scannell said. He said he changed his mind because he feels the bill will save lives.
The final version of the law includes an exemption for 18-year-olds on active duty in the military. A provision requiring tobacco retailers to attend courses and pay $100 to obtain and renew a Tobacco Vendor Education Certificate was also dropped.
Yatauro said that community support for the measure picked up earlier this month, ensuring the bill's passage. "Once the moms and dads knew we were taking it out of the schools, that's when it became a resounding bipartisan issue," she said.
School policies have changed
Lawrence Superintendent Dr. John Fitzsimons said schools have come a long way on tobacco. "I remember times when there were smoking areas for students and faculties in schools," he said. "I was always troubled by that."
Twenty years ago, when Fitzsimons was a superintendent in Connecticut, his schools were among the first to ban smoking on school grounds. "We had built this beautiful, brand new high school up on a hill in a bucolic setting in Salisbury, Conn.," he said. But as soon as the school opened, students would go outside to the patio, sit down at the tables and smoke, Fitzsimons recalled.
"I said to the principal, 'This is a disgrace. We're hypocritical and we're breaking the law. We know these kids aren't old enough to smoke,'" he said. So, Fitzsimons explained, he pushed to ban all smoking on school grounds, even for faculty members, school employees and students who were old enough to smoke legally.
At the time, Fitzsimons remembered, his idea was unpopular. Most of the local administrators, and even five of the district's six nurses, were smokers. But he managed to get enough support. A decade later, the state of Connecticut banned all smoking on school grounds.
Fitzsimons said that the law is important even if it does not stop a large number of teens from smoking. "It sends a message - we really care about your health," he said. "Obviously you can circumvent these laws, but I think the important thing is that it sends a message."
Comments about this story? MSeaman@liherald.com or (516) 569-4000 ext. 282.
