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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 posted by audrey silk at 3 09 am no comments email this blogthis share to x share to facebook share to pinterest labels carson cigar cigarette e cig electronic cigarette housing housing and urban development lawsuit public housing smoke smokers rights secondhand smoke smoking smoking ban sue unconstitutional thursday december 29 2016 letter dear president elect trump please repeal hud s smoking ban rule p o box 1036 brooklyn new york 11234 email nycclash nycclash com december 22 2016 the honorable donald trump presidential transition office 721 fifth avenue new york new york 10022 dear mr president elect we are elated to have elected to our white house two men who honor the rich traditions of our country and the fundamental beliefs on which it was founded smaller and less intrusive government which both you and vice president elect pence clearly value is an ideal that not only applies to business and industry but to the people and so we hope that the burdens you ve both promised to lift off of industry in pursuit of economic freedom will be lifted off of the people as well in pursuit of personal freedom we ask that you rescind the final rule smoke free public housing that was imposed by the u s housing and urban development department hud and printed in the federal register on december 5 2016 docket no fr 5597 f 03 you don t have to have a favorable view of smoking to be against what new york s observer newspaper editors describe as possibly the most far reaching intrusive and over reaching executive order of the entire obama administration 1 far reaching because it assaults people in the privacy of their own homes and over reaching because it is fraught with substantial constitutional questions 2 imagine an elderly or disabled veteran being told by a federal agency that he can t enjoy a cigar in his own home that he d have to get dressed somehow make it downstairs and then 25 feet further or more since the hud rule provides latitude to each public housing authority to extend it into the freezing cold torrid heat or drenching rain without a bench to sit on no s he can t go to the park because smoking is banned there too in 2013 president obama honored the nation s oldest veteran richard overton in front of thousands in d c on veteran s day 3 obama told the crowd his service on the battlefield was not always matched by the respect that he deserved at home well this veteran is also well known for his love of his cigars enjoying up to twelve of them a day mr overton is still with us at 110 years old 4 what respect at home are veterans like him receiving from president obama and housing secretary julian castro when they are being kicked out of their homes either twelve times a day or for good if they get evicted for non compliance hud s callous disregard for the well being in all other uninvited manner beside the personally invited legal choice to smoke of residents such as mr overton dictates that this exercise cannot be rationally said to be all about health if the person who wants to smoke falls down the stairs catches pneumonia or becomes depressed is the trade hud is making then it s clear the only thing this rule is about is hud s complicity in big public health s singularly obsessive social engineering experiment quit smoking at the point of their rule making gun is their answer and the real motivation behind this rule claiming smoking in one apartment harms non smokers in another apartment is their wholly unproved excuse they call it the tobacco endgame 5 i think others would call this means to an end the liberty endgame whereby to denormalize smoking they have had to denormalize civil liberty ideals this is not a right to smoke objection as hud and its rule supporters insist on characterizing any resistance at stake is the right of u s citizens to be left alone to engage in a legal activity in the privacy of one s own home the last place left without a smoking ban otherwise this is also de facto prohibition there can be no end to such incursion if one is allowed through it was in fact vice president elect pence who once said a government big enough to go after smokers is big enough to go after you 6 we have no objections to government and health groups advising against smoking and offering stop smoking assistance to those who seek it but when congress and states rights are side stepped and a federal agency starts breaking down its citizens own front doors to rip it out of their hands because they refuse the advice let s stop pretending the issue is about smoking instead of tyranny we the people beg you for relief please rescind this rule sincerely audrey silk founder cc the honorable mike pence vice president elect dr ben carson hud secretary nominee the honorable tom price congressman hhs secretary nominee ________________________ 1 editorial the nanny state shames poor smokers in their homes observer 12 7 16 http observer com 2016 12 the nanny state shames poor smokers in their homes 2 audrey silk c l a s h comment on the department of housing and urban development hud proposed rule fr 5597 p 02 instituting smoke free public housing id hud 2015 0101 0528 1 12 16 https www regulations gov document d hud 2015 0101 0528 3 lindy royce bartlett oldest world war ii vet richard overton 107 honored by president obama cnn 11 11 13 http www cnn com 2013 11 11 us oldest world war ii veteran 4 douglas ernst oldest world war ii veteran still chomping cigars at 110 the washington times 5 12 16 http www washingtontimes com news 2016 may 12 richard overton oldest world war ii veteran still 5 part of the tobacco endgame is to further denormalize smoking to the point that the next generation of kids will not grow up seeing it as something adults do this is a hard argument to make when a kid smells smoke every time he walks into the hallway of his building and sees groups of residents smoking on stoops smoking bans have really helped to marginalize smoking behavior in other settings like airports restaurants hospitals and schools multiunit housing is the next logical step stanford university freeman spogli institute center for health policy center for primary care and outcomes research news is proposed ban on smoking in public housing fair and just 11 16 15 http healthpolicy fsi stanford edu news proposed ban smoking public housing fair and just 6 kim lacapria that makes no pence snopes 11 11 16 http www snopes com mike pence smoking posted by audrey silk at 9 28 pm 13 comments email this blogthis share to x share to facebook share to pinterest labels carson castro cigar cigarette e cig electronic cigarette ends hookah housing and urban development hud obama pence pipe price public housing secondhand smoke smoking smoking ban trump thursday february 25 2016 smokeless tobacco in the smoke free air act illogical and unlawful response to nyc council health committee s proposals to add non tobacco and smokeless tobacco to the smoke free air act on february 25th the nyc council health committee held a hearing in regard to five separate bills on the regulation and ban of shisha hookah and smokeless tobacco i had received a personal invitation from legislative counsel to attend and speak ultimately i was unable to make it but submitted written testimony for inclusion in the hearing record that testimony along with the description of each of the five proposals is as follows february 25 2016 testimony of audrey silk founder for public hearing held by new york city council health committee on the multiple following introductions int 0617 this bill would prohibit the sale of shisha in new york city except for shisha sold at hookah bars tobacco bars and tobacco stores just because shisha s customer base is smaller than that of conventional cigarettes it doesn t mean it should be a cover that few will notice what you re planning and know to object for getting away with banning the sale of shisha in regular retail stores where conventional cigarettes rightly remain free to be sold int 1076 this bill would raise the legal age to buy non tobacco shisha pipes or rolling papers from 18 to 21 it would also define non tobacco shisha as any product that does not contain tobacco and is smoked or intended to be smoked in a hookah or water pipe young adults in other words adults this has long been debated and you ve sadly sailed that ship already and all i can do anymore is just shake my head at this infantilizing the population simply because a body of adults has power that other adults don t yet you ll all gladly campaign to and accept the votes of those aged 18 to 20 when running for office as if they are miraculously mature enough to pick people to lead a whole city that they have a had a short time to learn about but then deemed too immature to make a decision this generation has been educated on endlessly to put that hypocrisy into a sentence thanks for your vote and even maybe campaigning for me but don t let the door hit you on your rear end on the way out int 1075 the proposed legislation would require that any restaurant which permits the use of non tobacco shisha to restrict its use to a section of the restaurant that is no greater than 5 percent of the restaurant s seating capacity the bill would also require such locations to post signs warning customers of the adverse health effects of using non tobacco shisha products in devices lit with charcoal i take it that this is a competing bill with intro 139 a it sounds like it 139 a seeks to add it to the smoke free air act sfaa which would effectively ban it from all restaurants the few that currently offer it except for a handful of locations just like cigar bars in the sfaa whereas this intro 1075 will keep it in any restaurant on the condition it s restricted to 5 of the seating how many places are large enough that you are not condemning them to one table or is that the ulterior motive proposed int no 139 a this bill would add non tobacco shisha to the city s smoke free air act it would allow existing non tobacco bars commonly known as hookah bars that derive the majority of their income from non tobacco shisha and paraphernalia to continue operating as long as they register and meet certain standards intro 1075 doesn t belong in the sfaa to begin with and here neither does intro 139 a the sfaa is not a receptacle for anything you want to throw into it because it has to do with products within a certain family amendments to current law though itself legal does not fix the unlawful misplacement of the subject matter the sfaa was written strictly to eliminate exposure to smoke from tobacco products based on the alleged science surrounding environmental tobacco smoke or e t s accordingly as also part of this intro i also vigorously object to the amendment of section 1 subdivision y of section 17 502 of the administrative code of the city of new york a mended to read as follows y smoking means inhaling exhaling burning or carrying any lighted cigar cigarette pipe water pipe or any similar form of lighted object or device which contains tobacco again it does no good to remove the words which contain tobacco to accommodate the inclusion of water pipe when the sfaa after many months of heated debate over the science of alleged harm due to exposure to tobacco smoke was enacted to address what was debated no such exploration and discussion has taken place in relation to non tobacco products once again this seems to be a case of cover for your political lives by slipping it into the more pleasing sounding act rather than crafting a new law where it would lawfully fit as a separate subject instead you dump it unlawfully into the sfaa to avoid scrutiny of a proposal that would have to be described using different words words that would lift the veil on its incongruity and expose the depths of the council s paternalism which brings us to the most glaring misrepresentation of all int 1068 this bill would prohibit the use of smokeless tobacco products such as chewing tobacco and snus at sports stadiums and arenas that host events that require a ticket for admission i suppose council members are taking their cue from california that recently enacted the same for the following stated reasons a ban on the use of smokeless tobacco in professional baseball takes aim at the use of it by professional baseball players at stadiums with the goal that impressionable youth never begin to use smokeless tobacco products or associate it with the sport of baseball and to promote a healthy and active lifestyle and to set a better example for youth in other words crafting law intended to control adult legal behavior in order to mold minds to the state s way of thinking the sfaa does not ban the use of cigarettes to control the smoker it banned smoking to control the smoke there are numerous historical statements on the intent of the sfaa see addendum one from the anti smoking organization americans for nonsmokers rights anr the architects of many of the country s smoking bans including nyc s can be found in their guideline for local advocates appearing at hearings it instructs because smokefree laws are designed to protect nonsmokers and not to alter the behavior of smokers extensive testimony on the health effects of primary smoking is irrelevant and should be avoided see http no smoke org document php id 273 in total contradiction the council tries to pass this one off as part of the smoke free air act instead knowing the masses will nod their left in the dark conditioned heads it s personally politically safer than being honest and presenting the citizens of this city with a new law which you have every right to do the purpose of which is to impose a prohibition on their own legal lifestyle choices and hearing back what they think about that what they think about you banning free legal choice because you said so regardless that something is legal to purchase and consume otherwise be open by being lawful about what you re trying to do and give the people a chance to ask you where such leg...