Ban on smoking in N.Y. state parks reinstated

Reuters reports:

A New York appeals court has reinstated a ban on smoking in state parks, dismissing a challenge by a group of smokers who said the restriction was enacted illegally.

A five-judge panel of the Albany court on Wednesday said the state Office of Parks, Recreation and Historic Preservation had the authority to enact the 2013 rule, which banned smoking at beaches, picnic areas and other outdoor areas at more than 200 parks and historic sites.

NYC CLASH, a group founded to fight prohibitions on smoking in New York City, claimed only the legislature had the power to enact the ban.

"All aspects of the regulation are grounded in (the agency's) stated purpose — to allow all patrons to enjoy the fresh air and natural beauty of its outdoor facilities," Justice Karen Peters wrote.

The smoking Nazis will never be happy until smokers are put in prison for enjoying themselves.