Quote (Santara @ Feb 3 2011 09:01pm)
They are being discriminated against, as there is a de facto ban on their presence in many places now due to their habit (smoking every hour to half hour). No family picnic in the park, no day at the beach. Their liberties being infringed for what amounts to a minor nuisance at most. When weighing liberties against regulations, regulations ought be enacted when there is more risk from the activity than the liberty being exercised. When there is virtually no risk, no real infringment on liberty is justified.
Drinking is allowed in parks here, so I don't know what you're after there. Littering is illegal everywhere, not just parks, as is nudity everywhere aside from private property. Crapping? You're going to compare smoking in public to crapping in public?
Your first sentence is flat out untrue. The vast majority of smokers can and often go well over an hour without smoking. If they couldn't, there would be no way they could hold a real job, go on an airplane, ...
In new york, as with most states, you cannot drink in public (i.e. a public place that is not a restaurant/bar/other location that allows liquor), so yes, it is illegal to drink in a park.
Also, although I originally meant the crapping thing as a gross hyperbole, if you think about it, it holds true.
They both smell disgusting, are a nuisance, create minor health risks and have their proper place and time.