(CNSNews.com) - When New York lawmakers passed one of the nation's most stringent smoking bans in July, anti-smokers hailed their hard-won victory, while smokers' rights groups proclaimed the ban would harm businesses.

Now both the state's Libertarian and Conservative Parties are bringing their case against the smoking ban to Albany, while a recent statewide poll shows voters overwhelmingly want the ban repealed.

The state Libertarian Party, taking a page from the California recall, is beginning a statewide petition drive to repeal the New York smoking ban. The Libertarians say bar and restaurant owners should have the right to decide whether to permit smoking or not on their property.

Laws that impose a ban on restaurant smoking don't address a real problem - they merely address a perceived inconvenience to nonsmokers, said John Clifton, New York State Libertarian Party chairman. "The smoking ban is a petty infringement on recreational liberties, on behalf of a disputed dogma (the supposed health hazards of second hand smoke)."

The smoking ban has so riled some business owners that they are now suing the state.

The Empire State Restaurant and Tavern Association is challenging the constitutionality of the anti-smoking law, which bans smoking inside bars, restaurants and other workplaces. The association claims the smoking ban is so vague and confusing that it has failed to effectively provide any recourse for businesses that may be suffering economically.

The association plans to argue that many state businesses - from bars to taverns to restaurants - are suffering a financial hardship, which could eventually put them out of business. Some of those businesses say they have lost up to 50 percent of their business since the smoking ban took effect on July 24.

The state is expected to counter that the ban protects the health of patrons who do not have to breathe secondhand smoke.

"We estimate a thousand people a year die from second-hand smoke exposure that occurs in the work place," said Russell Sciandra, the director for the Center For a Smoke Free New York. He disputes claims that the smoking ban is hurting the overall economy.

However that sentiment does not sit well with some business owners.

Recently, a large group of businesses in New York that have "Quick Draw" lottery machine terminals on their premises turned those machines off. They refused to sell lottery tickets for one day, a protest that cost the state more than $1-million in revenue. Just as their refusal to sell lottery tickets affected state coffers, the state's high cigarette is hurting their businesses in the same way, the protestors said.

"WABC in New York has already run a story stating how the ban has caused restaurants along state borders to lose business, as smoking patrons choose to commute to eat in New Jersey or Pennsylvania, where freedom is still legal," said Clifton.

Even before the smoking ban was signed into law by Republican Gov. George Pataki, the state's Conservative Party has been working hard to fight the ban, which, it says, will hurt business, cause the state to lose tax revenue, and place a needless burden on residents.

"There is little evidence that secondhand smoking is a serious problem. The Conservative Party strongly recommends the repeal of the statewide smoking ban," said New York Conservative Party Chairman Michael Long.

A new poll by McLaughlin Associates conducted for the New York State Conservative Party shows that a majority of New Yorkers believe the smoking ban is too harsh and should be repealed.

In a poll of 600 likely voters, nearly two of every three people said the smoking ban should be repealed, although they favored some smoking restrictions in restaurants, bars, nightclubs, and lounges.

The poll also showed 68 percent of New Yorkers believe politicians went too far in enacting the ban. Six out of every 10 people who categorized themselves as nonsmokers also believe the law is too harsh.

"This poll shows the government has gone too far. The governor and the state legislature need to fix this law," said Long.