Smokers’ Rights Group Sues HUD
Over Rule that Bans Smoking
Inside Public Housing Apartments
FOR IMMEDIATE
RELEASE July 23, 2018
(New York, NY)— Today, New
York City Citizens Lobbying Against Smoker Harassment (NYC C.L.A.S.H.), joined
by several residents who live in public housing, filed a lawsuit challenging
the Department of Housing and Urban Development’s (HUD) rule that directs all
state and local housing authorities to ban smoking inside and out of public
housing facilities nationwide, most notably within resident’s apartments. The
lawsuit, which also names HUD Secretary Ben Carson in his official capacity as
a defendant, was filed through the Manhattan-based law firm, Joshpe Mooney
Paltzik LLP.
HUD’s anti-smoking regulation was
finalized in the last days of the Obama administration with an effective date
of compliance no later than July 30, 2018. It requires public
housing authorities to implement and enforce its rule accordingly. Public
housing tenants, many of whom are minorities and veterans, are subject to
eviction for violating the new regulation.
The Observer described the regulations as maybe “the most far-reaching, intrusive and over-reaching
executive order of the entire Obama administration.”
Audrey Silk, founder of
C.L.A.S.H. says, “Anti-smokers claim that HUD's smoking ban is a
valid exercise of government power because there is no general “right to
smoke,” but that claim is intentionally misleading because the government
doesn't have the right to reach into our homes and dictate our personal
behaviors and habits. This lawsuit is about defending the
right to be left alone to engage in a legal activity in the privacy of one’s
own home. HUD claims it’s necessary to protect non-smoking residents in
other apartments but, not only are they exceeding their authority, the lack of
sound scientific evidence that someone smoking
in their own apartment puts other tenants’ health at risk hasn’t stopped them
either. Frustrated by the holdouts who’ve refused to submit to their current
coercive measures and quit smoking, this is really the story of public health
zealots partnering with HUD to begin the despotic breaking down of front doors
to reach them. It won’t end at public housing if they’re not
stopped here.”
Edward Paltzik, of Joshpe Mooney Paltzik LLP, says, “The smoking ban is constitutionally deficient on many levels. HUD’s nationwide edict clearly violates the anti-commandeering doctrine prohibiting the federal government from compelling state and local authorities to enforce federal policy. This is also another profound example of an administrative agency run amok in violation of Chevron deference. Nowhere did Congress bestow on HUD the power to intrude into peoples’ homes to regulate this sort of lawful behavior.”
Edward Paltzik, of Joshpe Mooney Paltzik LLP, says, “The smoking ban is constitutionally deficient on many levels. HUD’s nationwide edict clearly violates the anti-commandeering doctrine prohibiting the federal government from compelling state and local authorities to enforce federal policy. This is also another profound example of an administrative agency run amok in violation of Chevron deference. Nowhere did Congress bestow on HUD the power to intrude into peoples’ homes to regulate this sort of lawful behavior.”
The suit was filed in the United States District Court for
the District of Columbia.
Related Material:
CLASH v. HUD (18cv1711):
http://www.nycclash.com/CLASHvHUD-Complaint-18cv1711.pdf
***
NYC Citizens Lobbying Against
Smoker Harassment (C.L.A.S.H.) is a grassroots organization established in 2000
dedicated to advancing and protecting the interests of adults who choose to
smoke cigarettes or enjoy other forms of tobacco or use electronic cigarettes.
Joshpe Mooney Paltzik LLP is a
full-service Manhattan-based corporate, litigation, and constitutional law
firm.
Contact:
Audrey Silk, Founder, NYC
C.L.A.S.H.
Phone: (917) 888-9317
Email: nycclash@nycclash.com
Web: www.nycclash.com
Edward Paltzik, Joshpe Mooney
Paltzik LLP
Phone: (516) 526-0341
Email: epaltzik@jmpllp.com
Web: www.jmpllp.com
Footnote:
1. “The Nanny State Shames Poor Smokers in Their Homes.” Editorial.
12/7/16
http://observer.com/2016/12/the-nanny-state-shames-poor-smokers-in-their-homes/