After a N. Y. Health Court judge ruled on December 16, 1992, that miniatures containing lead represented no threat to the public health, and therefore a ban was unwarranted, a State Supreme Court justice enjoined the Health Commissioner from enforcing the ban. At this point, some in the hobby reasonably assumed that the battle was won. unfortunately that was not to be the case. earlier in 1992 the N. Y. Legislature had passed a law granting the Health Commissioner the right to regulate the amount of lead in consumer products. This regulatory authority was to come into force in April 1993.

In February 1993, Dr. Mark Chassin, stated that he accepted the Health Court's decision and made it his own. Briefly, it was thought that miniatures might be excluded from the impending regulation because the Commissioner seemed to be agreeing that they represented no threat to the public health. However, it soon became clear that his signing on to the Court's findings was nothing more than a legal ploy. Before the Health Commissioner could move against miniatures, he had to dispose of the injunction against him. The acceptance the Health Court's findings. vacated the injunction.

What the Health Department had in mind soon became apparent, the proposed regulations confined the lead in Figures to a maximum of 0.06%. This is about the amount of lead that can occur naturally as a trace element in the refining of tin and other metals. However, for all practical purposes, the Health Department was demanding lead-free Figures. It was as if all the time, effort, and money (some $50,000 In legal fees alone), the miniatures industry and many individual wargamers had expended, had gone for naught.

Industry Split

At this point a split occurred in the industry. The largest and wealthiest of companies were those deriving most or all of their income from the fantasy market. They had contributed the lion's share of the money to the GAMA Miniatures Defense Fund. The GAMA fund was now exhausted. The fantasy companies felt that the industry should simply bow to the inevitable and convert to non-lead alloy. This would mean tripling the cost of alloy with a subsequent 20-35% price-hike in figures.

The historical companies were far more reluctant to make the change-over. While there are many more fantasy gamers than historical ones, the average historical wargamer buys many more figures that does the average fantasy gamer. Thus, the historical side of the hobby would be hurt far more by large price increases. In fairness to the fantasy companies, their customers average much younger in age and as the lead-controversy was primarily about children getting poisoned by lead, it was natural for them to feel a greater degree of exposure to the continued use of that metal.

After discussions among many HMGS members, it was agreed to retain Drayton Grant (an environmental attorney who was former Deputy Commissioner of the N.Y. Department of Environmental Conservation) to continue the fight. As the one N. Y. manufacturer named in the original ban and as N. Y. legislators would likely only be influenced by businesses within the state, MiniFigs was the logical one to ramrod the local effort.

However, many New York hobbyists and hobby suppliers, such as Danny Kilbert, Paul Myer, Dave Waxtel, Art Fossi, and many others, also worked hard to rally our forces. Many wargamers throughout N. Y. wrote to the Governor and to their individual State Senators and Assemblymen. There was no question that those letters helped greatly. On the national level, Todd Fisher agreed to coordinate efforts, get the word out, and insure that the war chest had sufficient funds. Dayton and Steve Carpenter approached Democrat Assemblymen Ellen Hickey in whose district both resided. Initially, Eileen, a Registered Nurse by training, was hesitant. However, after reviewing the Health Court Judge's findings and other evidence, she agreed that the issue was economic, not health and took up the fight.

Eileen and Drayton drafted a bill for introduction into the Assembly excusing products such as figures which have been found to be harmless from lead-regulation.. Republican State Senator Steve Saland sponsored the bill in the Senate once it passed the assembly. Assemblywoman Hickey managed to get the bill onto the floor as the end of the Legislative Session approached in July, in spite of the log-jam of bills to be considered, many of which had a much higher visibility and far more far-reaching implications that ours. With her forceful arguments in favor of it, the bill easily passed.

Despite Senator Saland's capable stewardship, problems developed in the Senate as one member wanted some limiting language. However, an amended bill requires a three days wait before the vote. With the Legislature about to adjourn for the year, this became a real stumbling block. Steve Saland had the amended bill sent immediately to Gov. Cuomo asking for a "message of intent" waiving the three-day requirement. Cuomo, who is reputedly a figure-collector, came through, and the bill was rushed back to the Senate, where it passed.

It was rushed back to the Assembly, literally, minutes after the gavel fell, adjourning the Assembly for the year. We had come so close.

However, there was a ray of sunshine. We learned that the Legislature would have to come back into session, at least briefly, later in the year - perhaps, we could get another shot at it.

After months of delay, the legislature did indeed come back into session towards the end of November and passed the amended bill overwhelmingly. On November 25, 1993. Governor Cuomo signed our bill into law. It lacked only a week of one year since the ban had been announced.

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