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Bioethics Keyed to Clark, 9th Ed.
Boreali v. Axelrod
Citation:
517 N.E.2d 1350 (1987)Facts
In 1986, the Public Health Council, acting under the broad authority granted by Public Health Law § 225(5)(a), promulgated comprehensive regulations prohibiting smoking in a wide variety of indoor areas open to the public, including schools, hospitals, auditoriums, food markets, and taxicabs. The regulations required restaurants with seating capacities over 50 to provide nonsmoking areas and employers to provide smoke-free work areas for nonsmoking employees. The regulations included numerous exemptions for certain establishments like small restaurants, bars, convention centers, and hotel rooms, and provided for waivers based on financial hardship. The PHC adopted these regulations after the Legislature had repeatedly failed to enact similar comprehensive smoking restrictions, despite considering approximately 40 bills on the subject since 1975. The PHC explicitly acknowledged in its findings that it had balanced health concerns against economic impacts and governmental intrusion.
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