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Smokers’ rights group challenges smoking ban

ALBANY — A smokers’ rights group is objecting to a new rule beginning this year that will prohibit smokers from using New York state’s parks, pools areas and beaches and historic sites as ash trays.

The anti-smoking rule created in April by the state parks department would result in a disorderly conduct violation for smokers who puff away in banned areas. Smoking will be allowed in some areas.

“These bans were imposed by bureaucratic fiat, not legislated law,” says Audrey Silk, founder of CLASH, which supports smokers’ rights nationwide. “On that basis alone, they’re unconstitutional.” She said the rule “in fact went against the Legislature’s will.”

Dan Keefe, a spokesman for the parks department, said the authority to create the measure comes from the Legislature. He said state parks and recreation law allows the agency to take action to protect the welfare and safety of the public.

“Creating designated smoke-free zones in state parks will ensure that millions of people who visit these sites each year will be able to enjoy outdoor activities in a safe and healthy environment,” state Health Commissioner Nirav Shah said last month.


One comment

  1. As long as the focus is only on “smoking” (behavior of cigarette industry’s primary victims), there will be no actions to address the matter of criminal cigarette manufacturing technologies.

    We will see no calls for bans of toxic and cancer-causing pesticide residues.
    No calls for bans on chlorine chemicals (in pesticides and bleached paper) that put deadly dioxins in to the smoke of contaminated products.
    No calls to prohibit manufacture or sale of cigarettes contaminated with cancer-causing PO-210 radiation from the still legal use of certain phosphate fertilizers.
    No calls to ban use of untested, often-toxic non-tobacco additives.
    No calls to prohibit use of fake tobacco “filler” made from all sorts of industrial waste cellulose.
    No calls to remove the host of kid-attracting sweets, flavors, aromas and soothing substances.
    And, no calls to prohibit use of burn-accelerating techniques…additives, fluffed up contents, porous paper, etc.

    To criminalize, dehumanize, and penalize the smokers, who believe and are still told it’s just tobacco, who have been treated as Guinea pigs for decades (with full government permission), who have been denied human protection and warnings, and who are now being denied compensation (a top purpose of the no-smoke crusade), is to aid and abet the crime and to support the cigarette industry…including all its investors and insurers.

    References for the above at “Fauxbacco”. Easy search.

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