ALBANY, N.Y.—A ban on outdoor smoking in New York parks was upheld Wednesday by a midlevel court, reversing a judge, and dismissing a challenge filed by a smokers’ rights group.
The Appellate Division, ruling unanimously, said the ban was consistent with the mission of the Office of Parks, Recreation, and Historic Preservation—“to allow all patrons to enjoy the fresh air and natural beauty of its outdoor facilities.”
The five justices concluded the agency didn’t usurp the Legislature’s authority with regulations that banned smoking at state parks in New York City and at designated areas at other parks around the state. The panel acknowledged there’s no specific legislative directive to restrict park smoking outdoors.
The city has a separate outdoor smoking ban for its parks and beaches.
