Ashley Hupfl

Albany Bureau

ALBANY

A ban on smoking in portions of state parks was struck down this week after a New York judge ruled it exceeded the authority of the state agency that created it.

Enforced by the Office of Parks, Recreation and Historical Preservation, the ban created outdoor nonsmoking areas within state-run parks and historic sites, mostly around pools, playgrounds and other public areas.

New York City Citizens Lobbying Against Smoker Harassment, a smokers advocacy group, challenged the ban in May as being unconstitutional.

State Supreme Court Justice George Ceresia ruled in favor of the group, known as NYC CLASH, saying the state agency needed to receive approval from lawmakers for the ban. While he noted the Legislature had previously passed a ban on indoor smoking, bills banning smoking in parks have stalled in committee over the years.

"It was a resounding victory because the Legislature has not spoken about this," said Edward Paltzik, an attorney for NYC CLASH. "The agency was writing on a clean slate, which they're not allowed to do."

The ruling requires the state to take down any no-smoking signs that have been posted since the ban was put in place.

Earlier this year, the ban was expanded and added to the parks department's formal regulations. The agency set up signs that limited where smoking could take place, which included areas within 50 feet of buildings. Smokers faced a fine of up to $250 if the regulations were violated.

In a statement, the parks department signaled it is "considering an appeal."

"State Parks has legislative authority to manage a wide variety of activities within state parks to balance often conflicting uses of our patrons," the statement reads. "We believe this authority extends to the regulation of outdoor smoking on playgrounds, swimming pools, beaches, and other locations where children and visitors congregate."

The city of Rochester has been looking to go further than the state regulation and prohibit people from lighting up at any time in city-maintained parks, ball fields or along trails. The city proposal, which officials had said would be sent to City Council in November, would snuff out cigarettes in such places as Maplewood and Manhattan Square parks, the Liberty Pole, Genesee Riverway Trail, recreation centers and at cemeteries.

Reached Friday, Luis Burgos, the city's commissioner for recreation and youth services, said he had not seen the court decision and therefore could not comment.

A spokesman for state Attorney General Eric Schneiderman said the office is reviewing the decision with it.

AHUPFL@gannett.com

Twitter.com/AshleyHupfl

Democrat and Chronicle reporter Brian Sharp contributed to this report.