Threats of Law Suits in Kentucky over E-cigs in Smoking Bans

[DC2]

Hehe well, I didn't say a LOT but some anyway. Would be nice, if people stopped and thought about how much money they stand to LOSE if they do become banned.

Sometimes I think maybe if a rich celebrity who uses electronic cigarettes would stand up and make some noise...
I mean, a lot of them like to make a lot of noise for various reasons, right?

But then I wonder how much money would they be willing to bring to the table to fight this fight?
How eager would they be to take on the good public reputations of our opponents?

And I wonder how much money stands in opposition.

We need full page ads in USA Today.
We need dramatic commercials during prime time.
We need truth, basically, but truth costs money apparently.

Who knew?

I still don't see why some news outlet somewhere doesn't decide that this kind of controversy can bring in ratings.
Or maybe I just don't understand the big picture as much as I like to think I do.

Maybe no one gives a crap about us, but ourselves.
But I have to believe that almost everyone cares about someone that can be touched by this.

If they only knew.....

 

[Bill Godshall]

I spoke to Steve Megerle, the attorney who has filed a lawsuit (in federal court) challenging the recently approved Board of Health Regulation in Bullitt County (KY) banning smoking and the use of e-cigarettes in workplaces.

Please note that this lawsuit is primarily challenging the smoking ban (on behalf of a group of smokers and bar owners), and his challenge to the e-cigarette usage ban is just one of many different claims in his case. Many of his claims are challenging the BOH jurisdictional authority based upon KY state laws governing local governments. It's possible that he could lose on many or all the counts challenging the smoking ban, while winning his claim against the e-cigarette usage ban.

I sent him the key court documents in the njoy v FDA case, urging him to consider citing the case in challenging the legality/validity of statements in the BOH Regulation repeating FDA's misleading claims about e-cigarettes.

Since Judge Leon ruled that the FDA didn't have the legal authority to declare e-cigarettes as drug devices, any actions taken by FDA against e-cigarettes during the past two years may not be considered as legally valid evidence if it cited as a reason for enacting state or local laws/regulations that restrict/prohibit the use (or sales) of e-cigarettes.

 

[Bustastew]

The judge should make them hand out CASAA information in schools, malls, ect when they win!

 

[ShannonA]

I'm glad they're taking the trouble to fight it.. Hopefully that will encourage others to do the same. I will be watching for more news on this

 

[Bill Godshall]

Steve Megerle, the attorney who filed a federal lawsuit challenging the Bullitt County (KY) Board of Health regulation banning smoking and e-cigarette usage in workplaces just called me to let me know that a state court just struck down the Bullitt County smoking and e-cig usage ban, and that it is likely that all other Board of Health regulations in KY that banned smoking and/or e-cigarette usage (e.g. Madison County's ban) will also be null and void.

There's another thread describing the Madison County ban at:
http://www.e-cigarette-forum.com/fo...ster-story-madison-county-indoor-use-ban.html

Please note that it wasn't the federal lawsuit that struck down the Bullitt County BOH regulation, but rather a state lawsuit filed by Bullitt County offiicals against its own Board of Health.

There should be some news stories about this today and tomorrow.

I'd bet that Ellen Hahn isn't a happy camper.

 

[Vocalek]

Steve Megerle, the attorney who filed a federal lawsuit challenging the Bullitt County (KY) Board of Health regulation banning smoking and e-cigarette usage in workplaces just called me to let me know that a state court just struck down the Bullitt County smoking and e-cig usage ban, and that it is likely that all other Board of Health regulations in KY that banned smoking and/or e-cigarette usage (e.g. Madison County's ban) will also be null and void.

There's another thread describing the Madison County ban at:
http://www.e-cigarette-forum.com/fo...ster-story-madison-county-indoor-use-ban.html

Please note that it wasn't the federal lawsuit that struck down the Bullitt County BOH regulation, but rather a state lawsuit filed by Bullitt County offiicals against its own Board of Health.

There should be some news stories about this today and tomorrow.

I'd bet that Ellen Hahn isn't a happy camper.

Maybe you should call her and offer to console her. When I told my husband about her writing to John Banzhaff asking about me, he suggested that I call her up and introduce myself. He figured maybe we could become new BFFs.

 

[DC2]

I'd bet that Ellen Hahn isn't a happy camper.

Oh my, isn't that such a shame.

 

[bruiser]

What the court decided was that agencies, such as a Board Of Health, did not have the power to make or pass laws. That power resided in elected representatives, such as legislatures and locally elected councils, aldermen, or whatever you want to call them. However, I'm glad it was struck down, but I expect some kind of an appeal from somebody.

 

[dee5]

Thank you for posting this update Bill : )

 

[Placebo Effect]

Judge strikes down Bullitt smoking ban | The Courier-Journal | courier-journal.com

Margaret Miller, one of two attorneys who represented the health board, cited Kentucky Revised Statute 212.230, which she said specifically states that health boards “shall” adopt, implement and enforce regulations necessary to protect public health.

In Burress’ ruling, he said the health board’s justification of the ban would open the door to health departments banning candy and deep-fried foods, or limiting the consumption of red meat.

[Health Department Director Swannie] Jett said the decision clearly shows that health officials need to educate county and city officials more about healthy lifestyles and prevention.

“Maybe we should prohibit candy because Kentucky is the second most-toothless state and candy is affecting people’s health,” Jett said.

 

[Vocalek]

I don't suppose it occurred to Jett that access to dental care might have something to do with it. In a state with a lot of poor folks in it, dental health is often sub-par.

I could never understand why routine dental care is not included in all health care plans. It isn't just a cosmetic issue. Dental problems can be life threatening, too--especially infections. And covering at least part of an annual check up and cleaning could end up saving the health plan money in the long run.

 

[rothenbj]

What the court decided was that agencies, such as a Board Of Health, did not have the power to make or pass laws. That power resided in elected representatives, such as legislatures and locally elected councils, aldermen, or whatever you want to call them. However, I'm glad it was struck down, but I expect some kind of an appeal from somebody.

That might be advisable as a standard across the country. Too many unelected, agenda driven individuals have gained too much power in this country.

 

[Bill Godshall]

The Bullitt Circuit Court ruling is attached below.

View attachment 53966

 

[DC2]

Margaret Miller, one of two attorneys who represented the health board, cited Kentucky Revised Statute 212.230, which she said specifically states that health boards “shall” adopt, implement and enforce regulations necessary to protect public health.

In Burress’ ruling, he said the health board’s justification of the ban would open the door to health departments banning candy and deep-fried foods, or limiting the consumption of red meat.

[Health Department Director Swannie] Jett said the decision clearly shows that health officials need to educate county and city officials more about healthy lifestyles and prevention.

“Maybe we should prohibit candy because Kentucky is the second most-toothless state and candy is affecting people’s health,” Jett said.

What arrogance.

The legal system tells you that you are overstepping your boundaries...
And you basically reply that "I know what's best for everyone" is more important than our legal system?

Did I get that right?
Am I reading this correctly?

Nobody knows what's best for me but ME.
And someone else's mother has NO business trying to be my mother.

I would love to give this lady a piece of my mind.