Come and get us, copper!
Posted on 04/18/2003 10:32:58 AM PDT by SheLion
BUFFALO, N.Y., April 18 /PRNewswire/ -- New Yorkers who purchase their cigarettes online may be saved from a New York statute which would end Internet tobacco sales to New York consumers. OLTRA (the Online Tobacco Retailers Association), announced that OLTRA and three of its members, along with two New York consumers, filed a lawsuit in the United States District Court for the Western District of New York against Governor George Pataki, New York Attorney General Eliot Spitzer and Commissioner of Health Antonia Novello, seeking to have New York Public Health Law section 1399-ll declared unconstitutional. The statute was originally scheduled to take effect on November 14, 2000, but was challenged in October 2000 by two cigarette manufacturers who claimed that the statute violated the Commerce Clause of the United States Constitution. The United States District Court for the Southern District of New York ruled in their favor, enjoining enforcement of the statute. The State appealed, and on February 13, 2003, the United States Court of Appeals for the Second Circuit reversed the decision of the District Court and upheld the Statute against the legal challenges raised by those plaintiffs.
In the suit filed yesterday, OLTRA, along with an Indian tobacco retailer, online tobacco retailers located outside New York State, and two disabled consumers, have raised new constitutional challenges against the statute. They contend that the statute discriminates against both out-of-state online tobacco retailers and Indian retailers, to the benefit of local convenience stores.
"The New York statute clearly discriminates against our members, some of whom are Indian retailers in the state of New York. Additionally New York residents will be deprived of the freedom to purchase tobacco on the Internet," said Ali Davoudi, President of OLTRA. "OLTRA, as the industry trade association, has promulgated a series of age verification requirements that it is enforcing among its members, including a prohibition against sales to individuals under the age of 21. These requirements are strictly enforced and ensure that the risk of sale of tobacco products by our members to minors is minimized."
About OLTRA:
Online Tobacco Retailers Association (OLTRA) is a non-profit organization founded by concerned online tobacco retailers to address consumer protection and quality assurance issues. For more information on OLTRA, go to www.oltra.org .
For More Information, Contact: Ali Davoudi, President, OLTRA, 713-862-2888 Counsel: James L. Bikoff, Silverberg Goldman & Bikoff, LLP, 202-944-3303
It's always been the American Way to shop cheap. At least for the middle classes and below. I bet these idiots can't believe that someone is standing up to them! It's about time, I say!
Come and get us, copper!
There are LOTS of stuff in brown boxes and brown wrappers UPS delivers. heh!
LOL! You just don't realize how many adult smokers there ARE in here, do you! hehe
And it's people like YOU mentioned above that are the ones trying to take away our rights! Did you forget that smoking is legal?
MY priorities is protecting my rights as a American Citizen, born in the USA!
You and me both, Mears.
As I may have mentioned in the past, my retirement plan is pretty much: sitting on the front porch smoking a butt, with a rifle across my knees.
There may be a lot of cats involved, but first I have to develop a liking for cats, so it's really a work in progress.
The outline is pretty much there, though.
That wouldn't surprise me, I have a friend in Toronto, trying to set up a co-operate tobacco farm, as I live in Ottawa, he contacted a carrier, they would not ship tobacco, legal or not.
/john
Most states are getting desperate for the taxes they no longer are realizing from the smokers. They will try anything to get the cigarette taxes back into their coffers.
But like I always always say: they better start with the online auctions first. LOTS of transaction going through the mail from auctions withOUT collecting any state taxes.
The states are just T'd off because smokers have learned a cheaper way to continue a legal commodity that we so enjoy.
ALWAYS great to see YOU, too, Great Dane!!!
Your not breaking any laws. Tobacco is a legal commodity, and so is the postal service, UPS and Fed X. Interstate Commerce is the way to go! Fork the state lawmakers and their coffers! They brought this upon themselves.
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