NEW YORK (CBSNewYork/AP) — A Brooklyn-based smokers’ group has filed a lawsuit over a smoking ban at the five-mile-long riverfront park on Manhattan’s west side.
The lawsuit filed in state Supreme Court in Manhattan by Audrey Silk and her New York City Citizens Lobbying Against Smoker Harassment was made public Wednesday.
The suit claims the Hudson River Park Trust unconstitutionally banned smoking and didn’t have the authority to do so.
The trust, a public benefit corporation, says it has authority to ban smoking under a 1998 state law granting the right to adopt rules to protect the public.
Former Mayor Michael Bloomberg signed a bill banning smoking in city parks in 2011.
The City Council also took aim at electronic cigarettes last month, banning the use of E-cigarettes from indoor public spaces where smoking is already prohibited.
A spokesman for the Hudson River Park Trust said the organization doesn’t comment on pending litigation.
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