NYC C.L.A.S.H., Inc. v. Marcia L. Fudge, No. 20-5126 (D.C. Cir. 2022)Annotate this Case
In 2016, the Department of Housing and Urban Development promulgated a rule prohibiting the use of lit tobacco products in HUD-subsidized public housing units and their immediate surroundings. Appellants, led by New York City Citizens Lobbying Against Smoker Harassment (C.L.A.S.H.), brought an action raising a number of statutory and constitutional challenges to the Rule. The district court rejected all of C.L.A.S.H.’s claims.
The D.C. Circuit affirmed, finding that the Department did not exceed its authority in passing the rule and was not arbitrary, capricious, and an abuse of discretion. The Court similarly rejected C.L.A.S.H.’s constitutional claims under the Spending Clause and the Fourth, Fifth, and Tenth Amendments.