Group sues to remove no-smoking signs at NY parks

Free tobacco blog(freetobacco.info copy and paste this link in browser)
Smokers’ rights advocates sued New York state on Monday, hoping to get it to remove outdoor no-smoking signs at parks. The group said the signs from the New York Office of Parks, Recreation and Historic Preservation subject smokers to hostile confrontations with non-smokers. NYC Citizens Lobbying Against Smoker Harassment said the signs are misleading since the Cuomo administration in May suspended planned restrictions that would be enforced with a potential disorderly conduct ticket at state parks, beaches, pools and historic sites.

“Since smoking is, in fact, not prohibited in outdoor locations on OPRHP property, the statements on the signs are false and intentionally misleading,” the suit said. “The signs serve only to fool park visitors into thinking that an unofficial policy has the force of law that must be followed. The signs will also cause smokers to be subjected to hostile confrontations by non-smoking park visitors who will criticize, reprimand and ridicule them, and report them to the OPRHP staff and/or law enforcement personnel, because the non-smoking park visitors mistakenly believe that smoking is prohibited in outdoor areas.”

Earlier this year, the agency said the initial no-smoking restrictions followed the common practice at several park facilities and was made as a consensus rule, which doesn’t require public hearings. That changed after it received objections from the group. Parks officials instead now plan a formal rule-making to designate smoke-free areas in limited outdoor settings within its 178 state parks and 35 historic sites. They still aim to ban smoking in places where many people congregate, such as playgrounds, pools and all state parks in New York City, though not in more remote areas like campgrounds.

The new proposal has not been issued yet, making new regulations unlikely this summer. Meanwhile, signs remain up with voluntary compliance. Parks spokesman Dan Keefe declined to comment on the suit Monday. The suit also opposes issuing new regulations to limit outdoor smoking, asking a state court in Albany to stop the parks office from implementing or enforcing any policy or regulation prohibiting or restricting outdoor smoking or tobacco use on its property. Smoking already is prohibited under state law at indoor facilities in the park system.