ALBANY — New York state parks officials must stop enforcing their recent ban on outdoor smoking, a state judge ordered, agreeing with a smokers’ rights group that the state exceeded its authority.
The February rules establishing no-smoking areas at various parks, including popular beaches and all nine state parks within New York City aren’t supported by any policy set by the Legislature, state Supreme Court Justice George Ceresia said.
The city has a separate outdoor smoking ban for its parks and beaches that wasn’t challenged in this lawsuit.
The judge noted that while lawmakers enacted restrictions on indoor smoking, the Assembly and Senate have attempted but failed to target smoking in outdoor parks.
“In the court’s view, this is a strong indication that the Legislature is uncertain of how to address the issue,” he wrote.
Officials from the Office of Parks, Recreation and Historic Preservation said they enacted the rules to protect visitors from secondhand smoke. Officials didn’t immediately reply Friday to requests for comment.
The lawsuit was brought by NYC Citizens Lobbying Against Smoker Harassment.
The New York state Attorney General’s Office, which is defending the state-park rules, is reviewing the decision along with parks officials, a spokesman said Friday.