Court Strikes Down State Parks Smoking Ban

A state Supreme Court judge has blocked New York's ban on outdoor smoking in state parks, ruling that the Office of Parks, Recreation & Historic Preservation exceeded its authority when it implemented the ban.

The parks office said it was considering an appeal.

"State Parks has legislative authority to manage a wide variety of activities within state parks to balance often conflicting uses of our patrons," the Office of Parks, Recreation & Historic Preservation wrote in a statement. "We believe this authority extends to the regulation of outdoor smoking on playgrounds, swimming pools, beaches, and other locations where children and visitors congregate."

But state Supreme Court Justice George B. Ceresia, Jr. argued that the February ban on smoking in certain parts of state parks is not backed by any legislative policy.