Westchester County Executive George Latimer vetoed the recent Board of Legislators ban on flavored tobacco on Monday, December 2022. This move came as a shock to the 11 legislators that voted for the ban. They are now one vote short of overriding Latimer’s veto.
The ban stirred up more controversy than expected and this veto is adding to the spectacle. As a law, this ban only imposes civil penalties levied by the Westchester Health Department on local businesses that sell flavored tobacco products like menthol cigarettes. However, the debate exploded into non-existent scenarios where individuals themselves could be criminally charged for smoking a Newport. Legislator of the 15th district, James Nolan, compared the legislation to socialist dictatorship ruining livelihoods and engendering crime. On the other end of the debate, Williams Johnson views their ban as “…an opportunity to shield our citizens, especially children, from the challenges of nicotine addiction and related health risks.”
In his initial remarks, Latimer warned on unintended consequences and touts the success the county has had thus far on curbing smoking.
“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.”
Deputy County Executive Ken Jenkins was also against the ban and applauded the veto.
The veto took most legislators by surprise, especially the voting majority, with one using the term, “blindsided”. The body had no forewarning about a potential veto and its announcement only came minutes before the law was to be signed. Being one vote short of an override, the sentiment is dispirited.
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 availability 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
Damon Maher, District 10
Regardless of the final result of the Westchester County BOL’s ban, a federal ban by the FDA may be on the horizon anyway. The FDA’s argument, echoing that of the majority of Westchester county legislators, is that flavored tobacco products pose a risk to children and is a gateway for all potential smokers.
A press conference led by George Latimer to further discuss the veto is scheduled for 9:30am on Tuesday Dec 13.
