The Hudson River Park Trust has proposed banning smoking in its five-mile riverfront park, prompting a letter from a smoking-rights group saying the trust lacks the legal authority to do so.
The trust said it has the authority to adopt rules to protect the public. Existing rules, for example, prohibit littering, swimming nude or leaving dog waste. Alcohol is permitted only in designated areas. It said the smoking ban also is consistent with 470 U.S. municipalities, including parks in San Francisco and Albuquerque.
A lawyer for the smoking-rights nonprofit NYC CLASH objected to the change in a letter to the trust this week.
The trust “has incorrectly decided” it has the prerogative to create its own smoking rules without legislative authorization, attorney Edward Paltzik wrote.