NYC C.L.A.S.H. v. New York State Office of Parks, Recreation and Historical Preservation
NYC C.L.A.S.H. v. New York State Office of Parks, Recreation and Historical Preservation, 27 NY3d 174 (2016).
- United States
- Mar 31, 2016
- Court of Appeals, New York
A smokers’ rights group challenged a state agency regulation that prohibits smoking in certain outdoor areas, including state parks. The court affirmed an earlier decision finding that the agency’s regulation did not violate the constitutional principle of separation of powers. The court concluded that, in adopting the regulations, the agency acted within that authority delegated to it by the state legislature to provide for the health, safety, and welfare of the public in connection with the state park system.