I believe that New York has just passed a law against smoking "in the open air". How many lawsuits are forthcoming?

I am a smoker. I do not smoke inside buildings, unless its allowed. Kentucky still allows smoking in some designated restaurants.

Question: since smoking cigarettes is not a law violation, how can New York and other states pass laws forbidding smoking out in the open air? I agree with the other non-smoking laws passed, but this is going too far. Smoking a cigarette in a restaurant in Tennessee is a civil law violation, not a criminal offense. The fine is $1.00 dollar and there are no state workers to enforce this law. Surely, New York expects to be challenged with this new law in court. Opinions?