Push to Ban Tobacco Products in Pharmacies Fails Again
For the second time in eight months, the Putnam County Legislature struck down a proposed law that would prohibit the sale of tobacco products in pharmacies.
Falling one vote short in a 5-4 decision, attempts to tighten where cigarettes and other tobacco products are sold failed during a May 6 full legislature meeting. After CVS announced its intent to stop selling all tobacco uses, a few legislators decided to make a renewed push for the ban after it was also voted down during October’s full meeting. But the majority of the lawmakers felt it either imposed too much government on businesses or wouldn’t actually solve anything.
Chairman of the Heath Committee Sam Oliverio, who reintroduced the bill, argued places that primarily promote health, should not mix with products that can result in death.
Legislator Barbara Scuccimarra, who is also on the health committee and agreed with Oliverio, said it’s contradictory to sell harmful product like cigarettes in places where people go to get healthy and sends the wrong message to children.
“Health and safety is a priority for this legislature,” she said. “I think this is part of being healthy.”
Legislators Ginny Nacerino and Lou Tartaro also voted for the measure. Nacerino actually voted against the prohibition the first time it came up in October, but changed her mind after CVS made its decision.
District 6 Legislator Roger Gross, who strongly opposed the ban the first time around, once again passionately objected to the law change calling it “evasive and a feel good initiative that really goes after the wrong targets.”
Gross said supermarkets and pharmacies usually have the best protocol to prevent underage kids from buying tobacco products, unlike delis and gas stations that are more likely to sell products kids shouldn’t have their hands on, citing statistics from the sheriff’s department.
“Government is too much in our lives,” Gross said. “As Ronald Reagan always said, ‘get government off your back.’ Smoking is an adult decision.”
District 9 Legislator Kevin Wright said the ban would benefit one segment of the retail industry by penalizing the other. He considers it an anti-commerce bill that could result in litigation against the law.
“You’re trying to pick winners and losers in the game of commerce,” Wright said.
Legislators Dini LoBue, Joe Castellano and Carl Albano, along with Gross and Wright, all voted against it.
If the legislature decided to enact the ban, it would have been the first county in the state of New York to put the ban in effect.
Anti-smoking advocates in the audience left the meeting disappointed by the end result. Putnam County Youth Bureau’s Diane Moore said the best way to protect kids is to change the social norms of tobacco smoking, which can’t be done if those products are sold in a place of health.
“We have a lot of laws that are there to protect us,” Moore said. “We have seatbelt laws, we don’t sell liquor in gas stations. There are a lot of laws that protect us. This is an example of one that would have done just that.”
After the meeting, Scuccimarra called the failed vote upsetting because it would have sent a positive message to residents trying to quit smoking. She did note she was encouraged that two more legislators voted for the law though.
“It’s growing, it’s getting there,” she said. “And we’ll keep bring it up until we get the rest of them on board, until we get a majority.”
