Court Ruling: NO legal right to smoke in private HUD housing

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Court Ruling: NO legal right to smoke in private HUD housing
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WASHINGTON, D.C. (December 21, 2019) – In a new ruling, a federal judge has held, in upholding a no-smoking policy in HUD-funded public housing, that there is no constitutional or other legal right to smoke, notes public interest law professor John Banzhaf, who says it’s nothing new.

The rule prohibits lit tobacco products in all living units, as well as in indoor common areas.

A tenant had argued that the regulation violated the First, Fourth, Fifth, and Tenth Amendments, and the Administrative Procedure Act, but the judge summarily dismissed all of this claims, citing many previous cases where bans on smoking had been upheld.

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