Consider the following position:
8/7p/5K1k/8/7p/7P/5PP1/8 w - - 0 1 1. g4 hxg3
In the above postion, White plays g2-g4. The only legal move is hxg3, en passant. I heard someone say that since the en passant capture is optional, Black can refuse to play it and have the game declared a draw by stalemate. I think this is nonsense and believe that as long as there are legal moves available there's no stalemate.
Who is right?