Mayor's plan to ban smoking has NYC smokers fuming

NEW YORK -- The smoke hangs thick at Pete's Tavern, swirling through the pub as the lunch-hour conversation turns to the mayor's plan to ban smoking in thousands of bars and restaurants across the city.

"They did it in California, but everybody out there is a health nut," said Phil Kraker, an accountant. "They're out jogging at four in the morning. Those people are crazy. This is New York."

Depending on which smoker you ask, the proposal -- which must still clear the City Council -- is either a personal affront or an attack on the appeal of New York .

Bar patrons say they should have the option of savoring a cigarette with their cocktails, especially in a city that prides itself on its independence.

"New York is the capital of the world," said Audrey Silk, founder of the smoker-rights group NYC CLASH. "The charm of New York is our differences. Now you want to create this bland, faceless city?"

Mayor Michael Bloomberg stirred up the controversy a week ago in calling for the ban. The former smoker said bars and restaurants have to protect their employees from harmful smoke.

New York already outlaws smoking in restaurants with more than 35 seats, but there is no restriction against smoking in bars or the bar area of any restaurant.

A ban would cover about 13,000 establishments. About 400 communities nationwide have adopted smoking bans in restaurants, according to the American Nonsmokers' Rights Foundation.

Proprietors of bars and restaurants worry his plan will chase business away with the smoke.

The debate is as much about culture as health, smokers say.

"People just like a smoke with their drink," said Buster Smith, the white-haired manager at Pete's. "Now they're going to have to go outside. What do they do in the rain and snow?"

They might seek refuge in private clubs, or "smokeasies." Private clubs would be exempt from the proposed ban.

Under Bloomberg's plan, smokers who break the law may be fined $10 to $100 or be jailed up to 30 days.