Mayor Bloomberg and the city legislature agree.

The new ban would affect all 1,700 parks, 14 miles of beaches, city-owned golf courses and marinas, as well as pedestrian plazas like those in Times Square.
. . .
“People have a right to smoke, and it’s another product that you buy and should be able to use, so it’s a little fascist by Bloomberg again,” said Karlyn Daigle, 22, a student from the Upper East Side, at Herald Square yesterday

Yes, again.  We have to break this mindset that politicians and government are supposed to shape society to their morals or “the community’s”.  We have rights that come from nature, or god, depending on your philosophy.  Our rights do not come from the government, and they are not bestowed on us by politicians or judges.  Our rights existed before government was instituted.