On May 10, 2017, a cigarette butt was spotted lying on a street in New York, as reported by Reuters photographer Shannon Stapleton.
On August 26th, a US appeals court upheld the ban on smoking in federally subsidized public housing.
The Washington D.C. Circuit Court of Appeals has stated that the Department of Housing and Urban Development (HUD) implemented a rule in 2016 that requires state and local public housing agencies to prohibit smoking cigarettes and cigars in housing units, indoor common areas, and within 25 feet of these spaces.
Six tenants and a smokers' rights group in New York City are lobbying against the "New York Conflict" ordinance, which they argue is a violation of smokers' rights. The ordinance, also known as the smoking ban, is being challenged by the group, who believe it unfairly targets smokers.
They allege that their privacy has been unlawfully violated and due process has been violated, preventing them from engaging in legal activities at home, such as using tobacco.
In a decision on Friday, Chief Justice Sri Srinivasan stated that the Department of Housing and Urban Development provided "quite a bit of" evidence demonstrating that the rule helps protect residents from the health risks of secondhand smoke, prevents fires, and reduces property maintenance costs.
The judge wrote that the department had fully substantiated its reasons for the rule and had not acted arbitrarily or capriciously when issuing it.
Srinivasan also denied the allegation that the ban improperly restricts the government's spending methods.
Larry Joseph, the plaintiff's lawyer, announced that his client plans to appeal. He stated that this case concerns significant issues regarding federalism and whether Congress truly authorized the Department of Housing and Urban Development to implement smoking bans.
Audrey Silk, founder of NYC Clash, stated that this decision opened the door for the government to ban other lawful activities within families.
HUD did not immediately respond.
The ruling by Srinivasan upheld the lower court's decision from March 2020, with Circuit Judge Douglas Ginsburg also joining in the ruling.
US Supreme Court justice Ketanji Brown Jackson heard oral arguments for the case in September 2021 while still serving on an appellate court, but did not participate in the ruling.
The case is NYC CLASH Inc et al v. Fudge, heard at the United States Court of Appeals for the District of Columbia Circuit, with case number 20-5126.
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