NYC C.L.A.S.H. v. New York State Office of Parks, Recreation and Historical Preservation

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.

DOWNLOAD DOCUMENT

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

Parties

Plaintiff NYC C.L.A.S.H., Inc.

Defendant New York State Office of Parks, Recreation & Historic Preservation

Legislation Cited

9 NYCRR 386.1 (Office of Parks, Recreation and Historic Preservation – No smoking areas)

Related Documents

Type of Litigation

Tobacco Control Topics

Substantive Issues

Type of Tobacco Product

None