Gabriella Olivieri Publications Portfolio Annual Report - 2011 | Page 10

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