U.S. - National Ban on Smoking in Public Housing Is Unconstitutional, Lawsuit Says

S.J.B.

S.J.B.

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National Ban on Smoking in Public Housing Is Unconstitutional, Lawsuit Says
Jacob Sullum
Reason
July 23rd, 2018

A policy that is scheduled to take effect next Monday prohibits smoking in and near public housing throughout the country, affecting 1.2 million households in units managed by about 3,300 local agencies. According to a 2016 Observer editorial, "it may be the most far-reaching, intrusive and over-reaching executive order of the entire Obama administration." In a lawsuit filed today, six smokers who live in public housing argue that the ban violates their rights, exceeds the Department of Housing and Urban Development's statutory authority, cannot be justified as a regulation of interstate commerce, and unconstitutionally commandeers state and local officials by ordering them to carry out federal policy.

The smoking ban, which covers low-income housing that is federally subsidized but owned and operated by local public housing authorities (PHAs), applies to living units as well as common areas and extends to a zone 25 feet around each building. The policy is the result of a 2015 HUD rule that aimed to "improve indoor air quality in the housing, benefit the health of public housing tenants and PHA staff, reduce the risk of catastrophic fires, and lower overall maintenance costs." The lawsuit, which was organized by New York City Citizens Lobbying Against Smoker Harassment (NYC CLASH) and filed in the U.S. District Court for the District of Columbia, argues that HUD has no business regulating indoor air quality or trying to dictate what people do in the privacy of their homes.

"Anti-smokers claim that HUD's smoking ban is a valid exercise of government power because there is no general 'right to smoke,'" CLASH founder Audrey Silk says in a press release, "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."

The lawsuit notes that the Fourth Amendment applies to public housing and argues that enforcing the smoking ban will require warrantless, nonconsensual searches to detect violations. Furthermore, it says, the policy violates "the fundamental right to engage in a legal activity in a private home," an aspect of liberty protected by the Fifth and 14th amendments as well as the Fourth. The complaint says requiring people to give up that right if they want to continue living in public housing violates the "unconstitutional conditions doctrine," which says government benefits cannot be contingent on the recipients' willingness to waive their constitutional rights.
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Read the full story here.
 
The majority of rentals don't allow smoking inside ...why should the government not get to do this policy too?

If you own the building you can smoke in it or let others. That's how it works
 
weekend addiction said:
The same people who think all drugs should be legal think that restrictions on igarettes are good. Smh.
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Of course they are. Smoking tobacco hurts other people.

Sniffing/oral dosing doesn't. If you're an IV drug user and properly dispose of needles, you're not hurting anyone.

Vaporizing/smoking drugs does inadvertently effect other living beings.

It's strictly not a constitutional issue. I could argue my desire to shoot meth is constitutionally protected. That's basically what they're trying to do here and it's not going to fly.

Big tobacco tries to say smoking is a personal expression. So why can't I cut my wrists in public and bleed out? Because it's harmful and illegal. We can put laws in place to prevent harmful behavior.

LucidSDreamr said:
The majority of rentals don't allow smoking inside ...why should the government not get to do this policy too?

If you own the building you can smoke in it or let others. That's how it works
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Exactly.

How hard is it to walk outside? I mean, really? If you can't do that, you're incredibly lazy.

Get an e-cig and vape. There's still going to be nicotine in the air but it won't be filled with hundreds of deadly chemicals.

We clean up meth lab sites for the residual chemicals, and many of them aren't going to cause cancer as badly as 2nd hand smoke.
 
^I think that was perfectly worded.
I'm a heavy smoker but I support most restrictions put on smoking because of those reasons. Smoke travels and leaves its mark if done inside. It's harmful to others and I don't believe anyone else should be subject to the affects of my habit, especially if they're not specifically choosing to be around me while smoking....people in public housing aren't there because they wanna live next to their buddy, they're there because they need an affordable place to live

This is random but related, I also support bans on smoking in public parks.

This has nothing to do with drugs being legal or not. My typical approach to that issue is the argument that I have one life to live and should have the right to put what I want into my own body. The right to experience. That argument goes both ways with this issue. People have a right to avoid countless carcinogens if they can help it and in this case they definitely can.
 
the idea of outlawing smoking outside is crap, the same with private dwellings. so try telling that to the billions of people driving cars, burning coal, so while you wish you had control over what you injest you don't and probably never will. how many of these buisnesses and outdoor seating before the smoking ban, now these are illegal because of a 25 feet smoking ban. in short fuck anyone who says you cant smoke in your own house
not too be to abrasive but fuck all outdoor smoking bans too
 
tremours said:
the idea of outlawing smoking outside is crap
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outdoor smoking bans in public areas is a great idea. Amazing cities out here already do it, i.e. Pasadena and Santa Barbara. Hoping LA will adopt the same laws one day.

You can still smoke in parking lots, etc. and private property in those areas, and places designated alright for smoking.
 
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