http://www.tobacco.org/newsfeed/category/preemption.rss Latest top tobacco news headlines en-us http://www.philly.com/philly/blogs/cityhall/18861584.html http://tobacco.org/news/265368.html Gov. Rendell, speaking to reporters in Harrisburg this morning, vowed to veto legislation for a statewide indoor smoking ban if it weakens a law already enforced in Philadelphia. Mayor Nutter, while a member of City Council, championed the city's indoor smoking ban, which was signed into law in September 2006 and went into effect in January 2007. State Sen. Vince Fumo today issued a press release criticizing the proposed legislation for a statewide smoking ban now being considered in Harrisburg. Fumo quoted extensively from a "confidential draft" of the legislation, drawn up by a conference committee of three state senators and three state representatives. That legislation would override the city's smoking ban in facilities for long-term health care, residential adult care, mental health, and drug and alcohol rehabilitation, Fumo said. It would also allow smoking in designated areas for sports arenas, performance venues and casinos. "It would be a step backward for the city," Fumo said. Philadelphia Daily News luceyc@phillynews.com Mon, 12 May 2008 04:00:00 GMT http://www.philly.com/inquirer/opinion/20080514_Editorial__Smoking_Restrictions.html http://tobacco.org/news/265366.html It's a good thing Gov. Rendell threatened to veto a weak statewide smoke-free law that would undercut the strong antismoking health measure already in place in Philadelphia. In doing so, Rendell stood up for the best smoke-free law that Pennsylvania likely will ever see - one that protects 1.4 million Philadelphians and countless visitors to the state's largest city. . . . As the legislature has fiddled for months over a smoke-free law, it has become clear that the General Assembly leaders' main interest is doing the bidding of cigarette companies - not protecting public health. They've even tried to justify lax, one-size-fits-all statewide standards on grounds that smokers would be confused if one town had tougher rules than the next. That's absurd. Of course, there's an easy way to pass a real statewide smoke-law: Just copy the city's law. The governor has sounded the alarm. Now, Mayor Nutter should join him and others like Sen. Vincent J. Fumo (D., Phila.) in rallying the city's Harrisburg delegation to not only protect Philadelphia's smoke-free law, but make it the state model. Philadelphia Inquirer Wed, 14 May 2008 04:00:00 GMT http://www.thetimes-tribune.com/site/news.cfm?newsid=19687209&BRD=2185&PAG=461&dept_id=418218&rfi=6 http://tobacco.org/news/265325.html Before state lawmakers decided to cloud the issue in behalf of very narrow special interests, the vast majority of Pennsylvanians already had made clear their position on a comprehensive smoking ban in public places. At the time the state took up the issue, more than half of Pennsylvanians already lived in jurisdictions with comprehensive indoor smoking bans. Now, a few members of a House/Senate conference committee just can't bring themselves to do the right thing as they cling to their positions in favor of the casino, tavern and tobacco industries. . . . Since the lawmakers can't bring themselves to do the right thing, they should simply pass a bill allowing local governments to enact bans. Then, when the vast majority of Pennsylvanians again are under the smoking bans that they overwhelmingly desire, the Legislature can make it universal, joining most of the civilized world. Scranton Times-Tribune delivery@timesshamrock.com (submitting your comment, you acknowledge that you have read) Wed, 14 May 2008 04:00:00 GMT http://www.goerie.com/apps/pbcs.dll/article?AID=/20080515/OPINION01/805150318/-1/OPINION http://tobacco.org/news/265303.html Erie County needs enabling legislation that would make it possible to pass a smoking ban such as the one it did pass in December 2006, but was later ruled unconstitutional by Erie County Common Pleas Judge John A. Bozza. It now looks like the earliest Erie County could pass a ban would be 2009. The Legislature's refusal to stand up for Pennsylvanians' health and welfare by passing a legitimate smoking ban is sad. Perhaps lawmakers will come to their senses on this issue. If not, we need to start over with new smoking-ban legislation. We can't let this go. Erie Times-News Thu, 15 May 2008 04:00:00 GMT http://www.post-gazette.com/pg/08134/881294-114.stm http://tobacco.org/news/265250.html A House-Senate panel had been expected to adopt a compromise bill yesterday outlining which workplaces had to be smoke-free, but Gov. Ed Rendell changed things with just a few words at a news conference. Mr. Rendell, a former mayor of Philadelphia, said he wouldn't sign any statewide smoke-free bill that "pre-empted" Philadelphia's current, restrictive law on smoking. "I have told the legislative leaders that if they send me a bill that is too watered-down, or one that pre-empts what Philadelphia has done, I would veto it," he said. Pittsburgh Post-Gazette tbarnes@post-gazette.com (Tom Barnes, Post-Gazette Harrisburg Bureau) Tue, 13 May 2008 04:00:00 GMT http://www.post-gazette.com/pg/08133/881178-100.stm?cmpid=latest.xml http://tobacco.org/news/265176.html Gov. Ed Rendell threw a major wrinkle into deliberations over a new a smoke-free workplace bill today, saying he won't sign any legislation that pre-empts or waters down Philadelphia's current tough law restricting smoking. A six-member House-Senate conference committee was expected to vote on a compromise bill today, but after the governor's announcement only three members attended the meeting and action was postponed again. The compromise bill would not have allowed local communities to enact laws tougher than the state law, which would weaken the Philadelphia law. "If the Legislature sends me a bill that pre-empts what Philadelphia does, I would veto it," Mr. Rendell told reporters. "Philadelphia has taken a strong stand against smoking in public places" and the Legislature shouldn't overrule it, he added. Meanwhile, Sen. Vincent Fumo, D-Philadelphia, said this morning that there's a "confidential draft" of a statewide bill that would throw out Philadelphia's smoking ban. Pittsburgh Post-Gazette Mon, 12 May 2008 04:00:00 GMT http://www.philly.com/philly/news/20080512_Rendell_vows_veto_if_state_bill_preempts_Phila__smoking_ban.html http://tobacco.org/news/265146.html Gov. Rendell this morning said he would veto any legislation to ban smoking in public places statewide that would weaken Philadelphia's existing law. "Philadelphia has taken a strong stand to support the public health of its residents, and I will not backtrack on that," Rendell said yesterday. The governor said that if lawmakers propose a plan that would preempt Philadelphia's almost two-year-old ban, "then it won't go into law ... I will veto it." Legislators on a joint House and Senate committee have been trying for months to strike a compromise on the smoking ban issue. This afternoon, the six-member committee yet again delayed a scheduled vote on a proposed ban because it couldn't even muster a quorum of its members. Sen. Stewart Greenleaf (R., Montgomery), who chairs the committee, said he was "disappointed we are not moving forward," and that it was "obvious there is no final agreement" on the issue. He and others also said that the lawmakers who did not show were apparently trying to negotiate final details of the proposed ban. But Sen. Charles McIlhinney (R. Bucks), one of the committee members, told The Associated Press that Rendell's threat of a veto brought on the delay. The plan committee members were considering would have preempted any local ordinances or laws on smoking, including Philadelphia's. It also would also have provided some exemptions for private clubs, cigar bars and casinos. Philadelphia Inquirer acouloumbis@phillynews.com (Angela Couloumbis INQUIRER HARRISBURG BUREAU) Mon, 12 May 2008 04:00:00 GMT http://www.thepittsburghchannel.com/health/16244009/detail.html?rss=pit&psp=news http://tobacco.org/news/265145.html Sen. Chuck McIlhinney said a six-member joint House-Senate committee was ready to vote Monday on his bill, which would have stopped local governments from passing their own laws on smoking. It would have blocked enforcement of Philadelphia's ban. But support for his proposal fell apart after Rendell's veto threat prompted one committee member, Senate Democratic Leader Robert Mellow, to reconsider, McIlhinney said. . . . Philadelphia's ban allows smoking in bars, but not casinos or restaurants. McIlhinney said he hopes a revised bill can be ready as early as Tuesday. . . . McIlhinney said he fielded a call from Philadelphia Mayor Michael Nutter on Monday as well, but said his mind did not change. If Philadelphia is allowed to have its own law, then each municipality will want its own law, he said. "I was saying, 'Where does it end?"' McIlhinney said. AP Mon, 12 May 2008 04:00:00 GMT http://www.aikenstandard.com/0511-editorial http://tobacco.org/news/265066.html Aiken City Council is getting ready to consider an ordinance to ban smoking in public places. The consideration will most likely be to imitate the smoking ban that Aiken County Council adopted for areas outside of municipal boundaries. The County's ban includes businesses, restaurants and other facilities which are open to the public. The decision by the City of Aiken to bring up this matter comes on the heels of a state Supreme Court ruling that said Greenville's smoking ban is constitutional because it deals with promoting the good health of the people of that city. . . . Aiken County Council took the lead in pressing for and approving a smoking ban. Now it is time for the two largest cities in our county to follow suit. Aiken Standard Sun, 11 May 2008 04:00:00 GMT http://chronicle.augusta.com/stories/041508/met_195100.shtml http://tobacco.org/news/264535.html --- Now that the state's top judges say smoking bans are legal, some city leaders are thinking of snuffing out cigarettes. Though a smoking ban is already in effect in unincorporated parts of Aiken County, city leaders in North Augusta and Aiken held off because of legal challenges in other parts of the state. But the South Carolina Supreme Court says smoking bans are OK Augusta Chronicle sandi.martin@augustachronicle.com (Sandi Martin* South Carolina Bureau Chief) Tue, 15 Apr 2008 04:00:00 GMT http://www.philly.com/inquirer/local/20080428_Daniel_Rubin__A_C__deals_a_strong_message.html http://tobacco.org/news/264197.html After Atlantic City's unanimous vote to ban smoking on the gambling floors of all 11 of its casinos, the chant arose from 80 clapping, hugging, crying casino workers, thank you, thank you, thank you. What are the odds last week's hurrah was heard in Harrisburg? We may know tomorrow, when six legislators meet in the Pennsylvania Capitol to hash out differences in House and Senate bills to ban indoor smoking. At risk is the health of nonsmokers and the right of Philadelphia to make its own laws. . . . What happened in Atlantic City is part of a ripple that's rolling across the country - the world, actually, she said. If they can stop smoking in France. . . Godshall said his group was willing to back any bill that gives local governments the right to enact antismoking legislation tougher than the state's. "I just don't understand," he said, "how any legislators get away with voting to protect an out-of-state industry that kills 20,000 Pennsylvanians a years." . . . "Hopefully, we're helping our next generation," she said. "Pennsylvania has an opportunity to step up to the plate." Why do I get the feeling the result will land in foul territory? Philadelphia Inquirer drubin@phillynews.com (Daniel Rubin Inquirer Columnist) Mon, 28 Apr 2008 04:00:00 GMT http://www.nysun.com/editorials/smoke-test-supremes http://tobacco.org/news/263468.html Later this year, the Supreme Court will hear the case of Altria Group v. Good in order to look at state lawsuits that claim that tobacco companies engage in deceptive trade practices when they advertise cigarettes as "light" or "low tar and nicotine." The case will "decide whether tobacco companies are vulnerable to state law suits arising from the claims on their labels." The tobacco companies argue, convincingly, that such claims are preempted by the Federal Cigarette Labeling and Advertising Act of 1965. Under that law since 1967, the U.S. Federal Trade Commission has regulated cigarette packaging and advertising, including claims about tar and nicotine levels. . . . Although Judge Weinstein inevitably will continue to attract similar cases before him, Thursday's decision does stand as a major rejection of stretching our federal anti-mob laws into lawyer-driven class actions that target legal businesses. But the state law claims proliferating around the country are based not upon RICO but often ambiguous state consumer fraud statutes. For the fate of those lawsuits, we'll have to wait until the Supreme Court speaks. --Mr. Copland is the director of the Center for Legal Policy at the Manhattan Institute. He owns shares in Altria. New York Sun Wed, 09 Apr 2008 04:00:00 GMT http://media.www.dailygamecock.com/media/storage/paper247/news/2008/04/09/News/Snuffing.Out.Smoking-3311527.shtml http://tobacco.org/news/263186.html Columbia will enforce a ban on smoking in public restaurants and bars on July 1 in light of a recent State Supreme Court ruling. The city council of Columbia created the ordinance based on its findings that "secondhand smoke is the third leading cause of preventable death in the U.S., killing 53,000 Americans prematurely each year." The new ban is a revamped version of the original ordinance, which had been put on hold from November 2006. Violators of the newly enforced ban will face a civil penalty instead of a criminal penalty. The Gamecock Wed, 09 Apr 2008 04:00:00 GMT http://www.goupstate.com/article/20080403/NEWS/804030345/1051/NEWS01 http://tobacco.org/news/263180.html Earlier this week, the state Supreme Court granted cities and towns the authority to ban indoor smoking in public places. The ruling, which stemmed from a ban enacted by the city of Greenville, now has smokers and nonsmokers alike wondering whether their city will be next to outlaw public puffing. So far, the idea hasn't sparked the interest of leaders in several Spartanburg County municipalities, but city officials say the issue could come up later. Spartanburg Herald-Journal lee.gray@shj.com (Lee Gray) Thu, 03 Apr 2008 04:00:00 GMT http://www.islandpacket.com/news/local/story/272032.html http://tobacco.org/news/263169.html Beaufort County's smoking ban, which includes possible jail time, differs from the smoking ban upheld by the S.C. Supreme Court on Monday. Part of the decision Monday that gave local government the right to pass smoking bans in public places said it is unconstitutional to "criminalize conduct." However, some local smoking bans do just that. Only state law can make an infraction criminal, in that a possible penalty would include jail time. Island Packet agarrobo@beaufortgazette.com (ALEXIS GARROBO) Sat, 05 Apr 2008 04:00:00 GMT