Federal Court Upholds HUD Indoor Smoking Ban

Public health receives precedence over claims of violation of privacy.

The D.C. Circuit Court of Appeals recently decided that the Department of Housing and Urban Development properly upheld a rule banning smoking devices inside public housing agencies.

Six tenants of a public housing unit partnered with the New York City Citizens Lobbying Against Smoker Harassment to challenge HUD’s Smoke-Free Rule, saying it infringed on smokers’ right to privacy and unlawfully prevents them from engaging in a lawful activity.

The circuit court ruled in favor of HUD’s rule, saying that the department provided “considerable” evidence that smoking indoors is a public safety hazard. “The department adequately substantiated its rationales for the rule and did not act arbitrarily and capriciously in promulgating it,” the judge wrote.

As the Lord Leads, Pray with Us…

  • For discernment for HUD officials as they enforce public housing regulations.
  • For federal judges to have wisdom as they hear challenges to and claims against federal rules and laws.

Sources: The Hill, Reuters


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