Legal

National

Broader smoking limits now in effect in Omaha (NE)
Shortly after the Nebraska Supreme court ruled that exemptions for certain businesses in the state’s new smoking ban are unconstitutional, a judge ordered that the exemptions be ended immediately. The exemptions previously allowed smoking in some businesses. Under the new court order, smoking is prohibited everywhere except private residences, certain hotel and motel rooms, certain rooms in nursing homes and long-term care facilities, outdoor areas of employment, research study areas and tobacco-only retail outlets. For more information, click here.

Anti-smoking group battles state over $230 million (OH)
After the Ohio legislature voted to dissolve the Ohio Tobacco Prevention Foundation and divert the Foundation’s $270 million endowment to an economic stimulus package, the anti-smoking group decided to fight back. The Foundation recently filed a court case against the state government. The Foundation maintains that since a contract had been signed to transfer its funds to the American Legacy Foundation prior to the law being passed to dissolve the Ohio Foundation, the funds are the property of American Legacy, not the State of Ohio. The attorney for the state government argues that the way the contract was created between the two foundations violates state laws. Click here for more information on this legal battle. Update:  American Legacy Foundation® Encouraged by Decision to Free-Up $10 Million in Tobacco Funds, Continue Life-Saving Programs In response to a joint motion by the American Legacy Foundation and the Ohio Department of Health, an Ohio judge has earmarked $10 million to keep tobacco control efforts afloat through 2008 and 2009. The money comes from state funds originally designated for tobacco programs; the rest of the funds remain frozen as the legal battle continues. Click here to view the press release.

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