Judge strikes down smoking ban in New York state parks

October 11, 2013

A US judge has ordered an end to a smoking ban imposed in public parks and beaches across New York state last February.

The ruling applies to 179 parks across the state, as well as beaches, sporting grounds, picnic spots, camping areas and historic sites run by the Office of Parks, Recreation and Historic Preservation.

A New York-based group, Citizens Lobbying Against Smoker Harrassment (C.L.A.S.H), had challenged the , on the grounds that parks had exceeded their authority.

New York State Supreme Court Justice George Ceresia ruled in their favor, declaring that the state parks agency had "extended their reach beyond interstitial rulemaking and into the realm of legislating."

C.L.A.S.H on Thursday welcomed what it called a vindication of individual freedoms.

"This is putting the prohibitionists on notice that, despite their ugly war being waged on adults who choose to smoke, they are not entitled to a free-for-all in governing when it comes to this segment of society," said its founder Audrey Silk.

It has been illegal to smoke in bars, restaurants and work places in New York state for the last 10 years.

In New York City it is also illegal to smoke on public beaches, parks and public swimming pools since 2011.

That separate ban was not included in this lawsuit.

Explore further: US anti-smoking battle moves outdoors; more bans

Related Stories

US anti-smoking battle moves outdoors; more bans

August 8, 2013
The U.S. battle against smoking has moved outdoors. City parks, public beaches, college campuses and other outdoor venues are putting up signs telling smokers they can't light up. Outdoor smoking bans have nearly doubled ...

NYC to state top court: Review big-soda ban ruling

August 5, 2013
(AP)—New York City is asking the state's highest court to take up the city's effort to stop many eateries from selling super-sized, sugary drinks.

Denormalizing smoking: Making the case for banning cigarettes in parks and on beaches

July 8, 2013
Many state and local governments have banned smoking in parks and on beaches on the basis that passive smoke is a risk for non-smokers, cigarette butts pollute the environment, and seeing people smoke poses a long-term risk ...

Court hears arguments on NYC's big soda ban

June 11, 2013
A state appeals court is considering whether to allow New York City to ban oversized sodas and other large sugary drinks at city restaurants as part of its war on diabetes and obesity.

Recommended for you

Group suggests pushing age of adolescence to 24

January 22, 2018
A small group of researchers with the Royal Children's Hospital in Australia is suggesting that it might be time to change the span of years that define adolescence—from the current 10 to 19 to a proposed 10 to 24 years ...

Americans are getting more sleep

January 19, 2018
Although more than one in three Americans still don't get enough sleep, a new analysis shows first signs of success in the fight for more shut eye. According to data from 181,335 respondents aged 15 and older who participated ...

Wine is good for you—to a point

January 18, 2018
The Mediterranean diet has become synonymous with healthy eating, but there's one thing in it that stands out: It's cool to drink wine.

Sleep better, lose weight?

January 17, 2018
(HealthDay)—Sleeplessness could cost you when it's time to stand on your bathroom scale, a new British study suggests.

Who uses phone apps to track sleep habits? Mostly the healthy and wealthy in US

January 16, 2018
The profile of most Americans who use popular mobile phone apps that track sleep habits is that they are relatively affluent, claim to eat well, and say they are in good health, even if some of them tend to smoke.

Improvements in mortality rates are slowed by rise in obesity in the United States

January 15, 2018
With countless medical advances and efforts to curb smoking, one might expect that life expectancy in the United States would improve. Yet according to recent studies, there's been a reduction in the rate of improvement in ...

3 comments

Adjust slider to filter visible comments by rank

Display comments: newest first

Lisa Belle
1 / 5 (4) Oct 11, 2013
Finally the American Constitution is valued and so are smokers who not "pahrayas, I smoked for 40 years and now Vape, and to think these same kind of tactics are attacking wildly against people who do something they don't like the looks of!!! Smokers and Vapers Rights guaranteed by the Constitution of The United States of America!!! WTG! (((((Joshpe Law Group))))))) and (((((( Honorable Justice George B. Ceresia))))))
Moebius
1.6 / 5 (7) Oct 12, 2013
Smokers all smoke filtered cigarettes now and they just toss them on the ground. The filters don't disintegrate. We are a nation of litter bug slobs with no national pride, just look at the side of any road. And that's with people picking up the litter regularly.
On secondthoughtthinkagain
1 / 5 (10) Oct 13, 2013
O.K I don't get it. For some reason park authorities cannot ban smokers? why? Surely smoking is anti-social behaviour that should be banable by the responsible persons. If someone is upwind of me smoking and filling my lungs with their smoke I want to know who I can thump.

Please sign in to add a comment. Registration is free, and takes less than a minute. Read more

Click here to reset your password.
Sign in to get notified via email when new comments are made.