Last Friday, a federal appeals court upheld a ban on smoking in federally subsidized public housing in the United States.
The Washington DC Circuit Court of Appeals has announced that a rule issued by the Department of Housing and Urban Development (HUD) in 2016, which mandates a ban on smoking, cigars and hookah within individual housing units, indoor common spaces and within 25 feet of these areas, will remain in place.
Six tenants in New York City, along with a smokers' rights organization, are raising concerns about a ban known as the "no-smoking rule." They argue that this ban infringes on their privacy and prevents them from engaging in legal activity in their own homes, specifically the use of tobacco.
However, in a 2-0 vote on Friday, Chief Justice Sri Srinivasan stated that the Department of Housing and Urban Development provided "considerable" 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 adequately substantiated its reasons for implementing the rule, and did not act arbitrarily or capriciously in doing so.
Larry Joseph, the plaintiff's lawyer, stated that his client plans to appeal the case. He noted that the case involves significant issues surrounding federalism and whether Congress truly authorized the Department of Housing and Urban Development to implement a smoking ban.
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