WHITE PLAINS, NY (December 12, 2022) — Westchester County Executive George Latimer has issued a rare veto of the Westchester County Board of Legislators flavored tobacco ban bill with about 15 minutes to spare and without advance word to Legislators citing “cultural objections”.
“Given my concerns and my commitment, equally expressed, I hereby disapprove and veto Local Law Intro. No. 461-2022.” said Latimer.
The bill had carried 11-6 (including 11-4 vote by Democrats), one short of veto-proof 2/3rds.
Supporters of the bill said to be livid.
In his veto message to the Westchester County Board of Legislators Latimer noted that smoking is a dangerous and potentially fatal habit but tobacco remains a legal product in the United States.
The public position of Westchester County government has been to undertake programs and policies toreduce tobacco use, particularly among our youth, he said.
“The bill has been vigorously opposed by a significant number of local African-American groups and leaders; Middle Eastern and Arab-American leaders; representatives of Union organizations, all who assert their communities would be negatively impacted by banning these products,” said Latimer.
Latimer announced two major actions in his veto statement:
He said he will give $3 million to non-profit organizations local NAACP Branches under a Tobacco Education Campaign.
The NAACP has an Anti-Tobacco Policy.
Where that $3 million will come from is unclear. The County Budget passed today. There is $350,000 for anti-smoking initiatives but not $3 million for a NAACP Tobacco Education Campaign.
Latimer will implement Product Sales Bans targeting youth purchases and push for increased prosecution of underage sales of flavored tobacco — prominent among those customers are black youths (Menthol cigarettes) and Arab-American youths (flavored hookah) — through a stepped up Tobacco Enforcement Campaign under the leadership of Deputy County Executive Ken Jenkins.
“There are questions of enforcement that cannot be dictated by the provisions of this bill alone; law enforcement entities are tasked by State law with enforcement of this and all statutes, which may come out of violations of this law that involve unlicensed cigarette selling,” said Latimer. “The intersection between making certain tobacco products illegal to sell at the same time we are allowing cannabis products to be legally sold, creates a societal concern that must be more fully researched and addressed.”
“I’m astonished and disappointed that CE would veto a proven public health measure in deference to undocumented and unfounded fears of this giving the police a new pretext for “stop-and-frisk” in Black communities,” said County Legislator Damon Maher (D-10).
“It’s an insult to proponents of the bill and frankly to police officers who conduct themselves properly,” said Maher. “Reining in instances of police misconduct begins with accountability, and we have been waiting for some time for CE’s proposal in that regard. I hope the concern he expresses, in his veto message, about bad policing in communities of color carries over into the creation of a strong Office of Police Accountability.”