Hookah Bars Have Sparks Flying At Board 1
BY RICHARD GENTILVISO A
lmost three years after smoking was banned in all public areas and places in New York City, most people are abiding by the smoke-free Alaw. “We have about 99 percent compliance rate throughout the city,” James Middleton, head of the Tobacco Inspection Unit for the city Department of Health (DOH), said. But some people are calling for new and stronger regulation in the face of continued and growing numbers of hookah bars and cafes in Astoria.

Deputy BP Karen Koslowitz

Responding to questions, concerns and allegations that DOH is not enforcing the Smoke-Free Air Act of 2002 in the hookah bars, at the January meeting of Community Board 1 Middleton said, “Unfortunately, Astoria seems to be a little hotbed right now compared to other areas of the city.”

Under city law, in effect since March 30, 2003, and the New York State Clean Indoor Air Act, in effect since July 24, 2003, hookah bars are technically not covered by any exemption the law allows, clearly making smoking tobacco products inside of hookah bars and similar places illegal. But the tobacco used in hookah water pipes, known as shisha, is mixed with honey or molasses and flavored with fruit or other additives.

“If shisha does not contain tobacco, it is not considered a tobacco product,” said Middleton. “That is our dilemma.”

Conceding that shisha is at least related to tobacco 99 percent of the time, Middleton said inspectors cannot determine how much of the shisha is tobacco product without a sample to review its content.

“We don’t have the facilities to sample the physical product [in a lab] at this time,” he said. “We ask what is being smoked, we ask to see a full package with a label on it.”

“I don’t think the Health Department is doing their job,” said Robert Boggs, a resident of Steinway Street, where a number of hookah bars are located. “They (DOH) will close other establishments down while these hookah bars continue to operate.”

“We have fielded numerous complaints and sent out numerous inspectors,” Middleton said. “The Department of Health does not enforce for one and not for others. There are a number of places, about 20, primarily in this area that we’re looking to proceed further because it appears the law isn’t as with. The process is long.”

“None of the hookah bars have been closed?” asked Board Member Rose Marie Poveromo.

“None of the hookah bars have gotten that far in the system so far,” replied Middleton.

“You are hearing the frustration of a community,” said Board Member George Stamatiades. “This is a law for honest people, if news goes outside that this is a toothless law, then you’re dead.”

“This is not a law constituted by the Health Department,” Middleton said, pointing out the law was passed by the City Council. “The Health Department is charged with enforcement.”

Deputy Borough President Karen Koslowitz, in attendance at the board meeting, recalled serving on the City Council when the law was passed.

“I thought the law had a lot of teeth, but now, listening to you, I’m a little disheartened because it appears the law isn’t as strong as it should be,” she said.

“The law does have teeth, it does provide for enforcement,” said Middleton. It’s just not as easy as go out and close [hookah bars].”

Cathleen Sims, legislative director for Councilmember Peter Vallone Jr. cited a letter written to DOH Commissioner Dr. Thomas Frieden by Vallone Jr. In his letter, Vallone Jr. said it was imperative for DOH to “decide upon a policy with regard to these [hookah] bars and enforce this policy stringently and uniformly in order to rectify this problem before it grows beyond the possibility of effective containment.”