Group faults proposed smoking ban in NYC park

ALBANY, N.Y. (AP) — The Hudson River Park Trust has proposed banning smoking in its five-mile-long riverfront park on Manhattan’s west side, prompting a letter from a smoking rights group lawyer that says the trust lacks legal authority.

The trust, a public benefit corporation, proposed the ban this month to remain consistent with a ban on city-owned parks dating to May 2011.

“Hudson River Park is one of a handful of parks located in the city that continues to allow smoking,” the trust said. “As such, the park may provide an incentive to smokers from around the city to come to smoke here and, in the process, increase litter, diminish the enjoyment of others and increase the health risks of park patrons.”

Over the past decade, the park has been reclaiming the Hudson waterfront from its industrial past. The park covers 550 acres and extends from Battery Park City at the lower end of Manhattan north to 59th Street. It has playgrounds, piers, a bike path and playing fields, and gets more than 17 million visits annually.

The trust said it has the authority to ban smoking under a 1998 state law granting it the right to adopt rules to protect the public. Existing rules, for example, prohibit littering, swimming nude, bringing in weapons or leaving dog waste. Alcohol is permitted only in designated areas.

The smoking ban also is consistent with 470 U.S. municipalities, including parks in San Francisco and Albuquerque, the trust said.

The lawyer for the nonprofit NYC CLASH objected to the change in a letter to the trust this week. The group is suing state officials to stop outdoor smoking bans in state parks.

The trust “has incorrectly decided” it has the prerogative to create its own smoking rules without legislative authorization, attorney Edward Paltzik wrote. “The state Legislature has repeatedly declined to prohibit or restrict outdoor smoking.”

The smoking ban in the city-owned parks was approved by the City Council and signed by Mayor Michael Bloomberg.

According to the city parks department, smoking is allowed on sidewalks right outside parks, and officials expect New Yorkers themselves to enforce the ban inside by asking smokers to stop, telling a parks worker or calling a complaint line about those who don’t. Violators face a $50 ticket.

The trust did not immediately reply to requests for comment Wednesday.

The state Office of Parks, Recreation and Historic Preservation has kept signs up at beaches and other areas where it says smoking is prohibited. Spokesman Dan Keefe said Wednesday the office isn’t currently issuing tickets for violations.

“We have certain areas, beaches, outdoor eating areas, playgrounds, where we have signs saying no smoking. They’ve been up all summer,” Keefe said.

The state agency operates 178 parks and 35 historic sites.

Audrey Silk, founder of New York City Citizens Lobbying Against Smoker Harassment, questioned the timing of the proposal with the lawsuit pending and state parks Commissioner Rose Harvey on the trust’s board.

“Should their response be unfavorable, we’re prepared to add them to our lawsuit,” she said.