Judge orders New York state parks to halt smoking ban

[hrmjustin]

AP

ALBANY -- A state judge has ordered New York parks officials to stop enforcing their recent ban on outdoor smoking, agreeing with a smokers' rights group that the state Office of Parks, Recreation and Historic Preservation exceeded its authority.

State Supreme Court Justice George Ceresia says the February rules establishing no-smoking areas at various parks, including popular beaches and all state parks within New York City, isn't supported by any policy set by the Legislature.

The city has a separate outdoor smoking ban for its parks and beaches that wasn't challenged in this lawsuit.

The judge notes that while lawmakers enacted restrictions on indoor smoking, the Assembly and Senate have attempted but failed to target smoking in outdoor parks.

Read more at http://abclocal.go.com/wabc/story?section=news/politics&id=9283378

[msongs]

1. smoking should be subject to the same rules that regulate outdoor fires, as smoking is a fire nt

[hrmjustin]

2. I agree.

[FreakinDJ]

3. Glad the Nicoteen Nazis got shut down on this one

they just aren't happy unless they are pointing their finger at some one blaming them for every thing under the sun that goes wrong in their life

[Champy]

4. The judge got it wrong . . .

And the headline is misleading.

Parks didn't ban smoking outdoors, but rather only in areas where people tend to congregate, such as in playgrounds, beaches, in front of entrances to park buildings and facilities, etc. Smokers remained free to smoke on most park lands. The regulation was more about preventing conflicts between park users than banning smoking. My bet is that this is going to be reversed by the Appellate Division. The judge's decision is weak.

[hrmjustin]

5. We shall see. I have mixed feelings on this.