State Park Smoking Ban Suspended

The move comes after a smokers' rights group objected

Tuesday, May 29, 2012  |  Updated 1:06 PM EDT
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State Park Smoking Ban Suspended

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New York state is suspending restrictions on smoking in parks, pools, beaches and historic sites after a smokers' rights groups objected.

Instead, the Cuomo administration says Tuesday the measures will be voluntary for at least two months while a full rule-making process, including public comment, is concluded.

The state parks department issued its order in April after the Legislature failed to approve laws that would restrict smoking to some areas of the public facilities this summer. Failure to obey could have resulted in a disorderly conduct arrest.

Smokers' rights advocate Audrey Silk had threatened to sue the state, saying the administrative action tried to overrule the Legislature and failed to consider opposing views.

"Apparently the crusade against smokers to date has so emboldened government that the rule of law no longer need be practiced when it comes to its citizens that choose to smoke," Silk said in a statement.

Signs prohibiting smoking have already been posted.

Silk's group is now pushing for the signs to be taken down.

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