A state judge has ordered New York parks officials to stop enforcing their recent ban on outdoor smoking, agreeing with a smokers’ rights group that the state Office of Parks, Recreation and Historic Preservation exceeded its authority.
State Supreme Court Justice George Ceresia says the February rules establishing no-smoking areas at various parks, including popular beaches and all state parks within New York City, isn’t supported by any policy set by the Legislature.
The city has a separate outdoor smoking ban for its parks and beaches that wasn’t challenged in this lawsuit.
The judge notes that while lawmakers enacted restrictions on indoor smoking, the Assembly and Senate have attempted but failed to target smoking in outdoor parks.
Parks officials said they enacted the rules to protect visitors from secondhand smoke. Officials didn’t immediately reply Friday to requests for comment.
Have you checked out YWN Radio yet? Click HERE to listen!
(AP)
Join the official YWN WhatsApp status
5 Responses
1. A single judge means it a trial court. There are two levels of appeals courts above it.
2. The issue is extent the executive can enact laws on its own – the legislature enacts laws, and the executive is supposed to merely implement the laws enacted by the legislature. Executives tend to forget that. In the USA (unlike the British system), the executive can never enact a law without going through the legislature.
Smokers have every right to light up. They do not have the right to pollute the air I breathe or little the streets where I live and recreate with their noxious cigarette butts.
Akuperma, nice try, but wetting. NY court of appeals is the ultimate authority. Time to brush up on your civics classes.
Arizona if your concerned with the air you breath so much how about car and truck exhaust? Actually cigarette smoke does not contribute to pollution but cars trucks and yes the electricity in your home does. So please try and get of of your bubble and recognize that we will always have to live with things and people we don’t like and or disagree with
No court, not even an appeals court, not even the Supreme Court, has the right or authority to change the law or to make up, new law.
The courts are supposed to determine how existing law applies in each case, not to make up whatever new politically correct law they feel like forcing on the populace.
If they could do that, they could rule the entire Constitution invalid if they wanted to.
That would make the courts the most powerful branch of government, and in America, no single branch is supposed to be the most powerful.
They are all supposed to have equal power.