Posted on 01/14/2003 5:33:49 PM PST by Just another Joe
The state's cigar industry said it has filed a federal lawsuit seeking to overturn an amendment passed into the Florida constitution Nov. 5 prohibiting smoking in enclosed indoor workplaces.
The industry group is comprised of nine Florida manufacturers, importers, exporters and distributors of cigars and cigar leaf tobacco. The group contends the amendment would virtually wipe out their industry in the state because it would prevent the burning of tobacco in cigar factories and cigar-related facilities. The group said smoking cigars and burning cigar leaf tobacco are essential steps to manufacture, develop, distribute and sell cigars and cigar leaf tobacco.
"This is not about banning smoking," said Norman Sharp, president of the Cigar Association of America. "It is about economics and industry survival."
Sharp said his group is trying to protect an industry whose heritage is at the very foundation of Florida's cultural and economic history.
"More importantly," he added, "there are thousands of jobs and a multimillion-dollar infrastructure that will be wiped out if this amendment is not overturned."
Sharp said it is impossible for the industry to comply with the amendment while exercising its right to engage in lawful business under federal law.
The group of plaintiffs includes Altadis .S.A, Swisher International, J.C. Newman Cigar Co., Caribe Imported Cigars, Central America Tobacco Corp., C.A.T. Tobacco, Puros Indios Cigars, Oliva Tobacco Co., A.S.P. Enterprises and El Credito Cigar Co.
The lead attorney for the cigar industry, Benjamin H. Hill III of the law firm of Hill, Ward and Henderson said the lawsuit did not file suit earlier because it could not challenge the amendment until it became effective on Jan. 7.
The lawsuit, he said, asks the U.S. District Court in Tampa to overturn the amendment because it violates federal law and also asks the court to prevent Gov. Jeb Bush, Attorney General Charlie Crist and the Florida legislature from taking steps to implement and enforce the amendment.
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