NEW YORK STATE -- Swing the clubs around and smoke a cigarette. Recreational golfer Jack Walters says it's his right.
"I believe when you're outdoors you should be able to enjoy yourself and I don't think it harms anybody when you're outside. So I agree with it. I think you should be able to smoke anywhere you want outdoors," said Walters.
Thursday, smokers rights groups in New York declared victory when the State Supreme Court sided with them and against the State Parks Department.
"We're disappointed about the decision. It's a set back for us. This is a risk to New Yorkers," said American Cancer Society member Joanna Jacob.
The judge ruled the department extended beyond its reach when it banned smoking in parts of state parks last February. The policy limited smoking to certain zones in State Parks in New York City.
In other parks, it created smoke-free zones in gathering areas like playgrounds, swimming beaches and near buildings.
"We still are aggressive about banning smoking in parks across the state, in our county in general, because second-hand smoke is a dangerous exposure to say the least, expose people to," said Jacob.
The state is considering an appeal, something the American Cancer Society fully supports.
"For us this has always been about the rights of individuals who don't want to be exposed to smoke. So it's really working for them and that really is just health for all of us as a county, as a state, as a nation," said Jacob.
"I'm against smoking so. It's no good for your health and then the innocent kids that are around it, it affects them too," said Cathy Ewert.
Walters just wants to hang on to one of the few places he can light up.
"When you're in public, in a restaurant and things like that, to me it's not appropriate to be smoking there and it's not a good idea when children are around either," said Walters.
Smoking has been banned in Erie County Parks since last year.