Smokers can puff away at state parks, beaches and pools this summer after all.

After objections by a smokers' rights organization, Gov. Andrew Cuomo's administration suspended its restrictions on smoking in parks, beaches, pools and historic sites that was to be enforced with a potential disorderly conduct ticket. The administration said Tuesday that the measures will be voluntary for at least two months while a full rule-making process including public comment is concluded.

For smokers like Subena Harris, it's all getting to be a bit much.

"I feel like I have to leave Planet Earth to have a cigarette," said Subena Harris, a New York City resident who was smoking in Albany. "And I pay taxes, just like everyone else. I work 40 hours a week, just like everyone else. I'm not going to stand around and blow smoke in people's faces, but I don't want to be ostracized doing the same things as non-smoking citizens do."

Audrey Silk, founder of the national Citizens Lobbying Against Smoker Harassment based in New York City, had objected to the state restriction announced in April. The order was set without public hearings and despite the Legislature's refusal to enact similar restrictions.

"Apparently the crusade against smokers to date has so emboldened government that the rule of law no longer need be practiced when it comes to its citizens that choose to smoke," Silk said

Dan Keefe, office spokesman for the state Parks Department, said the no-smoking order followed common practice at several parks facilities and was made as a consensus rule, which doesn't require public hearings. He said the state hadn't expected any opposition or controversy.

The state is now calling for voluntary restrictions by smokers, but the signs that say smoking is restricted in many areas will stay in place.

"There is only one way for the public to interpret this language," Silk says, "There's nothing to imply that the 'prohibition" is unenforceable, which it now clearly is.

"The Office of Parks' behavior goes from bad to worse from at least the facade of official policy-making to settling for simply fooling people with unofficial signs," Silk said.

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Smoking allowed in state parks and beaches