Free Republic

  March 18, 2005 Preemption Watch Weekly Summary of New U.S. State Bills (3-18-05)In the continued fight to prevent preemptive legislation before it can be passed and to overturn preemption in states where it is already in place, ANR is tracking pending legislation relating to states' smokefree air policies. Not all state bills relating to smokefree air are preemptive, however a bill can become preemptive at any point in the legislative process. It is therefore important to track even the best bills throughout the entire legislative session. Below is a listing of state bills that have been introduced in...

AUGUSTA, Maine -- Anti-smoking advocates came to the State House on Wednesday to ask lawmakers to increase Maine's cigarette tax by $1.50 cents a pack, which they said would give Maine the highest cigarette tax in the nation.

WASHINGTON -- The Food and Drug Administration could regulate tobacco products under legislation revived by a bipartisan group of lawmakers Thursday. The proposal renews a push for tobacco oversight that was blocked last year in the House. Under the bill, the FDA could regulate the sale, marketing and advertising of tobacco products, and could require companies to list all ingredients added to cigarettes and other forms of consumer tobacco. The legislation was brought back in the Senate by last year's sponsors, Mike DeWine, R-Ohio, and Edward Kennedy, D-Mass., who reintroduced the bill on Thursday. The Senate approved it last year,...

WASHINGTON, March 16 /U.S. Newswire/ -- The U.S. Postal Service will meet with representatives of various state attorneys general on Thursday to discuss how the Service can avoid legal liability for its role in delivering cigarettes sold illegally on the Internet. The result could be an agreement to curtail delivery of such cigarettes, or requirements that the sellers take steps such as verifying the age of purchasers, insuring that state cigarette taxes are paid, etc.The meeting was sparked by a letter threatening the postal service with civil -- and possibly even criminal -- liability if it continues to deliver cigarettes...

March 13, 2005"FORGET THE NEO-CONS, BEWARE THE EX-CONS"So I'm listening to talk radio recently during the hellish commute to our nation's capital, and I hear caller after caller start out by saying, "I'm a conservative, except..."  The issue was over a proposed new government-mandated smoking ban in bars and restaurants.  And the callers - so-called "conservatives" - were all for it. Now don't get me wrong.  I'm not saying smoking is good.  And I'm not saying smoking isn't offensive to a lot of people, especially while dining.  What I AM saying is that the proper, consistent conservative position is that the...

FOR IMMEDIATE RELEASEMarch 9, 2005Contact: Melvin Thompson 410-290-6800 Cell 443-463-7349 MARYLAND LAWMAKERS REJECT STATEWIDE SMOKING BAN FOR RESTAURANTS AND BARS(Columbia, MD) – In an evenly-split vote, Maryland lawmakers have killed a statewide smoking ban initiative for the third consecutive year. Members of the Senate Finance Committee rejected the measure on March 4, 2005 by a 5 to 5 vote, effectively killing the bill for the year. Legislation must win more “yea” than “nay” votes in order to pass.With many predicting the vote was too close to call, this year’s smoking ban debate was without question the most heated in recent...

Plaintiffs Bloomington VFW, Bloomington Legion, Bloomington Eagles, Bloomington Knights of Columbus, Lyon's Pub and Stub and Herb's today Filed a Complaint suing the City of Minneapolis, City of Bloomington, and County of Hennepin.Plaintiffs request the Hennepin County District Court issue a temporary restraining order enjoining the Defendants from enforcing their local smoking bans, which are scheduled to take effect March 31. A Judge will hear arguments regarding the temporary injunction on Friday, March 11, at noon. The Plaintiffs and their attorney will address the press this evening at the following address:Press Conference Tonight March 10, 2005 7:00 PMVFW POST #1296 311 West...

HELENA -- A dispute over this city's tough smoking ban is back before a district judge after a lengthy delay brought on by a separate lawsuit before the state Supreme Court.  An attorney for a casino asked Judge Thomas Honzel on Wednesday to rule the city's smoking ban unenforceable because those cited for violating it cannot seek a jury trial.  Tom Budwitz, who represents the Montana Nugget Casino and its manager, Greg Shaw, argued that his clients had a right to a jury of their peers.  But Helena City Attorney David Nielson countered that nothing explicitly allows for a jury...

OAK PARK -- A proposed ban on smoking in public places was defeated 5-2 Monday night by the Oak Park Village Board.

Many studies have been published purporting to prove smoking bans in bars and restaurants are either good or neutral  for business, and conflicting studies have also been published purporting to prove bans are bad for business. Scollo, Lal, Hyland and Glantz recently summarized many of these studies, concluding those which find no economic impact are published in the peer-reviewed scientific literature and funded by “objective” antitobacco interests, while those that do find bans hurt business are funded almost universally by Big Tobacco or its allies. Tobacco Control, 2003;12:13-20. However, the objectivity of those who publish studies finding smoking bans don’t...

In reference to the story "Smoking ban for bars on Legislative agenda" on Feb. 14 by John Zicconi, all I can say is "Hogwash." I own a successful bar in Greenwich Village. In 2004, we were voted the Best Lounge in New York by CitySearch. My business is down 30 percent since 2002. Since nothing has changed but the smoking ban, I can attribute this precipitous drop to nothing else. It's remarkable to read that "A New York City official on Thursday will travel to Vermont to testify that Big Apple pub receipts have increased 12 percent since the city's...

The failure of a last-chance cancer drug to significantly improve survival rates in a clinical trial was a surprise and the manufacturer says it is trying to figure out why the product didn't do better.

Please note that several cities and towns in Ohio are about to make a mistake and put smoking bans on their books. Could you please put together a State law now that smoking bans are not allowed?This would save a lot of wasted court money in the future.You see, smoking bans are not legal. NY and FL judges have already agreed that bans are not enforceable.  (Links at http://www.smokersclubinc.com )  This makes all smoking bans illegal unless your State or town wants to train you, supply liability insurance, sign you on as police AND make it a law that anyone they...

PHILADELPHIA, March 3  -- Mark Schweiker, President & CEO of the Greater Philadelphia Chamber of Commerce, today voiced the Chamber's support of a City Council bill to ban smoking in virtually all public places in Philadelphia. Schweiker said that the success of smoking bans in cities worldwide and the dangers of second-hand smoke influenced the Chamber's decision.  "The facts prove that banning smoking in public places will not adversely affect business," said Schweiker. "In fact, one year after New York City enacted its smoking ban, business activity actually increased in restaurants and bars and 10,000 jobs were added. We understand...

Dozens turn out as resident presents plan to City Council GREENWOOD VILLAGE - If Stephanie Steinberg has her way, this city - where thousands of businesspeople spend their work weeks - will be 100 percent smoke-free.  The stay-at-home mother presented her ideas for banning smoking in public spaces to City Council members Monday night.  Dozens of local residents, restaurant owners and health officials packed a room to show their support or to voice concern about how a ban would decrease local business revenues.  It all started when Steinberg and her family went to California last year and ate at a...

 (Updates with judge's order) WASHINGTON, Feb 28 (Reuters) - Government efforts to penalize cigarette makers are severely constrained by a recent appeals court ruling that rejected any disgorgement of past industry profits, the trial judge in the tobacco racketeering suit said on Monday.U.S. District Judge Gladys Kessler said government efforts to pursue other remedies, like funding smoking cessation programs, were also undercut by the Feb. 4 appeals court opinion that ruled out a $280 billion disgorgement.The trial has been underway since September, with the government calling dozens of witnesses to argue that cigarette makers violated U.S. racketeering laws by conspiring...

MIAMI, Feb 25 (Reuters) - Southern tobacco-producing U.S. states, backed into a corner by financial woes, are breaking a taboo against raising their minuscule taxes on cigarettes. North Carolina, Kentucky and other southern states with some of America's lowest excise rates on cigarettes are defying a powerful tobacco lobby and debating hefty tax increases meant to add hundreds of millions of dollars of much-needed revenue. "States are just coming out of their worst times in years and years, and this has been a very popular strategy for raising revenue," said Sujit CanagaRetna, a senior fiscal analyst in Atlanta with the...

Ask any nanny about the perils of tobacco, and they’ll tell you that it is addictive, it kills smokers, and it poisons the air that non-smokers breathe.  They’ll tell you that it is a drain on our healthcare system, it raises insurance rates for all of us, and smoke breaks cut into productive time.          They’ll tell you that movies, music, and books that portray smoking lead our children to nicotine addiction.  Sports stars, singers, actors, and other public figures who smoke are bad influences on our kids.  They’ll tell you that people like me who fight for the freedom to...

 They had me until the Nazis marched in. Even before a Michigan company called Weyco fired four employees on Feb. 9 because they wouldn’t quit smoking -- the company hoped to save a little money on health insurance -- Smokers Club was sounding the alarm about cigarette bans. “The World Is In A Smoking War,” ran the headline on the notice e-mailed Jan. 10 from Smokers Club national honcho Samantha Phillipe. “Smoking Bans Kill People.” “This failed experiment in modifying human behavior is killing people and it has to stop now,” she wrote. “Death certificates from secondary smoke exposure are zero,...

Despite intense lobbying from anti-smoking fanatics, Elsmere’s city council kept residents’ property rights from going up in smoke by voting against a smoking ban in public places, including privately owned businesses.Proponents of a ban seized on a limited proposal by Elsmere Mayor Bill Bradford that would have banned smoking only in city buildings. However, Bradford showed courageous leadership by casting the tie-breaking vote against the plan when the ordinance presented to the council went far beyond his original objective.Opponents said such a ban would overtax Elsmere’s police department and harm businesses. Dottie Baxter, owner of JB’s Roadhouse in Elsmere...