Boreali et al. v. Axelrod

A New York state Public Health Council adopted a regulation prohibiting smoking in most indoor areas. The court found that the regulation was invalid because the Commission exceeded its authority when it drafted a regulation containing its own assessment of what public policy should be on tobacco smoking. In particular, the court found that the exceptions created by the Commission—such as for bars and small restaurants—were based on economic and social concerns not on public health.