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Legal
State
Judge upholds Nebraska's indoor smoking ban (NE)
A Nebraska district judge ruled in favor of the state’s smoke-free air law in a recent dispute regarding an Omaha pool hall. Judge Jodi Nelson upheld the statewide prohibition on smoking in public places after Big John’s Billiards claimed that the law violated the businesses’ constitutional rights and had resulted in reduced revenue for the pool hall. Judge Nelson stated that the smoking ban was a legitimate exercise of sovereign power and rejected Big John’s claims. Big John’s Billiards was cited and fined for violating the smoking ban and later appealed the fine. The Nebraska Clean Indoor Air Act passed in 2008. To read more, click here. Click here to learn more about the Nebraska Clean Indoor Air Act of 2008.
Federal appeals court upholds Providence, RI, measures to reduce tobacco sales to kids (RI)
A recent ruling will uphold restrictions in Providence, Rhode Island to prevent tobacco use among youth. The First Circuit Court of Appeals ruled in favor of two ordinances that prohibit the sale of flavored tobacco products and use of price discounts. These marketing tactics are known to make tobacco products more attractive to youth. Specifically, the ordinances will prohibit the sale of flavored cigars, smokeless and other non-cigarette tobacco products except in certain adult facilities; and, prohibit the use of coupons and multi-pack discounts. In 2012, Providence became one of the first cities to adopt these ordinances based on research showing strong tobacco control legislation can reduce youth tobacco use. Following the adoption of these measures, tobacco companies filed a lawsuit stating the ordinances violated their First Amendment rights. In late September, the three-judge appeals panel unanimously ruled against the tobacco companies’ claims and agreed the restrictions were valid for reducing youth tobacco use rates. Click here for a press release from the Campaign for Tobacco-Free Kids, or read more here from the office of Mayor of Providence Angel Taveras.
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National
States have another chance to fund tobacco prevention programs after ruling in tobacco settlement dispute
A national arbitration panel ruled that U.S. cigarette makers must pay $227 million in disputed tobacco settlement payments to nine states. The states that were awarded the disputed funds and the amounts they reportedly will receive are: Colorado ($9.9 million), Illinois ($53 million), Iowa (about $6 million), Maine ($5 million), New York ($92 million), North Dakota ($2.6 million), Ohio ($35 million), Oregon ($9 million) and Washington ($14.8 million). Other states also are receiving additional funds, either because they settled the payment dispute with the tobacco companies earlier this year or because their enforcement of the settlement was not challenged. The dispute began in 2010 when cigarette makers charged states with not having fully enforced terms of the 1998 Master Settlement Agreement. The panel found that these states did in fact enforce regulations concerning smaller tobacco manufacturers that did not sign on to the settlement. The panel ruled that six states had failed to enforce laws requiring escrow payments and, thus, violated terms of the settlement. Cigarette manufacturers involved in the case include Philip Morris, R.J. Reynolds Tobacco Co., and Lorillard Inc. The ruling applies only to payments made in 2003; payments from 2004-2012 are still under review by the arbitration panel. Click here to read more or click here to view a statement from the Campaign for Tobacco-Free Kids.
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