INDEX NO.

152723/2014

FILED: NEW YORK COUNTY CLERK 01/15/2015 05:25 PM

NYSCEF DOC. NO. 45

RECEIVED NYSCEF: 01/15/2015

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CITY COUNCIL
CITY OF NEW YORK
------------------------ X
TRANSCRIPT OF THE MINUTES
Of the
COMMITTEE ON HEALTH
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December 04, 2013
Start: 10:20 a.m.
Recess: 02:55 p.m.

HELD AT:

250 Broadway - Committee Rm,

14th Fl.

B E F O R E:
MARIA DEL CARMEN ARROYO
Chairperson

COUNCIL MEMBERS:
INEZ E. DICKENS
MATHIEU EUGENE
JULISSA FERRERAS
ROSIE MENDEZ
JOEL RIVERA
DEBORAH L. ROSE
PETER F. VALLONE, JR.
JAMES G. VAN BRAMER
ALBERT VANN

World Wide Dictation 545 Saw Mill River Road Suite 2C, Ardsley, NY 10502
Phone: 914-964-8500 * 800-442-5993 * Fax: 914-964-8470
www.WorldWideDictation.com

COMMITTEE ON HEALTH

does not show that. E-cigarettes are a gateway to

quitting smoking. And by passing this legislation

especially so quickly without having evaluated the

science could actually undermine the very public

health goals that I think we all share. Thank you.

160

CHAIRPERSON ARROYO: Thank you. Go ahead.

AUDREY SILK: Thank you because Im going

to go four minutes. Im warning.

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CHAIRPERSON ARROYO: No youre not.

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AUDREY SILK: You know its, Commissioner

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Farley got to speak for 20 minutes one extra minutes

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not [interpose]

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CHAIRPERSON ARROYO: Lets not debate how

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were handling this because youre going to, dont

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take me there.

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AUDREY SILK: My name is Audrey Silk and

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Im the founder of New York City Citizens Lobbying

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Against Smoker Harassment. I quote from the New York

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City Human Rights Law, Administrative Court of the

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City of New York Title 8 Policy. In the City of New

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York with its great cosmopolitan population there is

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no greater danger to the health, moral, safety, and

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welfare of this city and its inhabitants than the

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existence of groups prejudice against one another and

COMMITTEE ON HEALTH

161

antagonistic to each other because of their actual or

perceived differences. Smoker, nonsmoker. The council

hereby finds and declares that prejudice,

intolerance, bigotry, and discrimination and disorder

occasion thereby threaten the rights and proper

privileges of its inhabitants and menace the

institutions in foundation of a free democratic

state. Excerpts from the notice of this hearing that

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one of the achieve, greatest achievements of the

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smoking ban was to end smoking. Smoking, curb

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smoking, nicotine sends wrong message, allowing

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smokers, allowing? Doctor Farleys predecessor Thomas

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Frieden on his fax sheet, the Department of Health.

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Its online today. Question, this is America. Dont

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citizens have a right to smoke even if it hurts them?

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Answer, yes. Smokers are free to continue to smoke.

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Behavior that while acceptable if it affects the

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individual only. So which is it? But for the

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gratuitous addition at the very end of your notice on

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e-cig exposure its clear by going after harmless

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vapor your entire aim is and may I say has been that

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smokers are not free to continue to smoke and its

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not acceptable. That your intolerance of it, and if

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youre not on the approved protected list this will

COMMITTEE ON HEALTH

not be a free democratic state. The children, the

children, the children. Adults have rights too.

Hiding behind for the children you seek to conscript

me against my will into the war on smoking army to

carry your message. If smoking a cigarette sends a

message, your words, then we are talking about my

freedom of speech. Can I stand on a street corner and

give a speech about my belief that its normal to

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smoke. I think youd say yes. Then according to you

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how is my smoking a lit cigarette or somebody using

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an e-cig any different from speech that when

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expressed another way you would call protected. When

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it comes to the issue of smoking you are everything

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you despise. You are bullies who have zero tolerance

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for with your intolerance of a legal lifestyle that

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doesnt fit yours. You are the stop and friskers of

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the health police. As a New York City police officer

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for 20 years I had more authority than either one of

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you. I could have walked into this chamber and for

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reasons that I decided arrested you, cuffed you,

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taken you to processing. The DAs office may have

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sailed[phonetic] later let them go and I might be

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disciplined by my supervisor but I had the authority

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to do that. But I didnt. But that is what you are

COMMITTEE ON HEALTH

163

now hypocritically doing. Your version of stop and

frisk whereby youve authored to you as your

authority to violate someones civil liberties

because you have deemed a legal behavior wrong.

Seeing as you would choose the NYPD of violating many

who have been stopped and frisked because the cop

felt it best and had the authority to do it.

CHAIRPERSON ARROYO: Audrey wrap up.

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AUDREY SILK: I find that very unfair.

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CHAIRPERSON ARROYO: Its been consistent

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so lets not do that. Okay next.

ASHLEY: Okay hi. My name is Ashley Sucdig

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[phonetic] and Id like to quickly address the

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concern about the flavors appealing to children. Are

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adults not allowed to like candy? I mean it, part,

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that is part of the appeal for e-cigarettes to switch

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from cigarettes to e-cigarettes is that they have an

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appealing taste. And thats something that, I mean

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it, its part of the cessation with it. But either

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way what about flavored alcohols. Is that, does that

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mean that theyre also appealing to children? It,

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its just it doesnt, thats a spurious argument

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that I dont understand why thats even being taken

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into consideration with this bill. Also Id, Id like