LEG A L DIVISIONS
Win in a Flavored Tobacco Challenge
Attorneys won a federal case upholding
a ban on the sale of ?avored tobacco
products. Because of their appeal to
minors, sales of ?avored tobacco products
(such as bubblegum and fruit-?avored
chewing tobacco) are prohibited by City
law throughout the ?ve boroughs, except in
tobacco bars. The plaintiffs—manufacturers
and distributors of smokeless tobacco
products—had claimed that because federal
law regulates various aspects of the sale
and use of tobacco products, the City was
pre-empted from adopting its restrictions.
However, in a comprehensive decision, the
Court rejected that argument.
PHOTO: ZUCCOTTI PARK, LOWER MANHATTAN
Prospect Park West Bike Path Case
In conjunction with the Environmental Law
Division, Administrative Law attorneys
defended claims against the installation of
a bike path along Prospect Park West in
Brooklyn. Petitioners claimed the project was
arbitrary and improper. Attorneys for the City
argued that the action was ?led too late, and
a State Court judge agreed. The City also
demonstrated that the path was part of a
permanent “street calming” project for the
busy thoroughfare, initiated in response to
community concerns. An appeal is ongoing.
ADMINISTR ATIVE L AW
C H I E F G a b r i e l Ta u s s i g
DEPUTY Robin Binder
The Administrative Law Division litigates on behalf of the City
in challenges related to laws and regulat