United States

A nonprofit group challenged a state agency regulation prohibiting smoking in certain outdoor areas, including state parks. The court overruled an earlier decision and found that the agency’s regulation did not violate the constitutional principle of separation of powers. The court concluded that the state legislature instructed the parks agency to maintain its sites and that all aspects of the rule were grounded in the agency’s goal of allowing all patrons to enjoy its outdoor facilities. The court also concluded that it was reasonable for the agency to impose greater smoking restrictions on parks inside New York City because such parks are smaller, which allow patrons to easily leave the park to smoke. As a result, the court reinstated the smoking regulation.