N.Y.’s High Court Rejects Strict Anti-Smoking Rules

New York’s highest court today snuffed out the state’s attempt to prohibit smoking in public places, ruling that the board that imposed the restrictions lacked the power to do so.

The Court of Appeals said the state Public Health Council, an appointed arm of the state Health Department, usurped the power of the state Legislature in approving the strict anti-smoking rules. This was the same reason given by two lower courts in ruling against the ban.

Today’s decision ends a yearlong attempt by the state’s health commissioner, Dr. David Axelrod, to restrict smoking.

The vote of the seven-member Court of Appeals was 6 to 1.

The council’s rules, adopted at the urging of Gov. Mario Cuomo, would have prohibited smoking in malls, schools, arenas, auditoriums, food stores and taxis. Smoking would have also been restricted in larger restaurants, workplaces, nursing homes and bowling alleys.

The only places exempt would have been bars, restaurants with 50 or fewer seats, private parties, tobacco stores, homes, hotel rooms and private automobiles.

The controversial regulations had been challenged in court by Schoharie County restaurant owner Fred Boreali, two state legislators and several business and civic groups.

The council unanimously adopted the smoking rules Feb. 6 based on recent scientific findings that claimed nonsmokers could contract lung and heart diseases by breathing other people’s smoke. Those findings were supported by U.S. Surgeon General C. Everett Koop. Cuomo had maintained that the council’s action was legal.