Firm Wins Victory Against Parks Department Over Smoking Regulation

(New York, NY)—A New York State Supreme Court Judge has ruled that the New York State Office of Parks, Recreation and Historical Preservation exceeded its legal authority by passing a smoking ban in state parks in April of 2012.

Joshpe Law Group LLP, a Manhattan-based law firm, filed the Article 78 proceeding on behalf of C.L.A.S.H., a smokers’ rights organization founded and run by Audrey Silk.  The suit argued that any statewide curtailment on smoking rights could only be passed through legislation, not bureaucratic decision-making.  The judicial opinion concluded that the Parks Department exceeded its constitutionally defined limitations by usurping the role of the legislature.  The decision also ordered all “Smoking Prohibited” and “No Smoking” signs in state parks taken down.

Attorney Edward Paltzik of Joshpe Law Group said “We are pleased that individual freedoms have been vindicated in the face of government overreach.” 

Brett Joshpe