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<title>Tobacco Articles: state MT</title>
<link>http://www.tobacco.org/newsfeed/state/MT.rss</link>
<description>Latest top tobacco news headlines</description>
<language>en-us</language>
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<title>Montana Supreme Court Defies Citizens United Decision, Upholds State Ban</title>
<link>http://blogs.wsj.com/law/2012/01/03/montana-supreme-court-defies-citizens-united-decision-upholds-state-ban/?mod=google_news_blog</link>
<guid isPermaLink="false">http://tobacco.org/news/331479.html</guid>
<description>
Montana&#039;s 1912 Corrupt Practices Act blocks certain political speech by corporations; &#160;plaintiffs in the case sought to have the century-old law declared unconstitutional.&#160;Montana Attorney General Steve Bullock, who represented the state in defending the ban, said the case was the first to examine state laws and elections.

Montana has &quot;a compelling interest&quot; to uphold its campaign-finance laws that include both restrictions and disclosure requirements, the court held, according to the Great Falls Tribune.&#160;The state Supreme Court overturned a lower state court ruling, saying it couldn&#039;t find that current laws unfairly impeded corporate owners from engaging in political activity.

The court also said political corporations like American Tradition Partnership, which brought the suit challenging the 1912 law, &quot;act as conduits for anonymous spending by others and represent a threat to the &#039;political marketplace.&#039;&quot; Corporations can remain politically active by forming voluntary political action committees, which are subject to disclosure requirements, the court said.

&quot;With this ruling, the Montana Supreme Court now sets up the first test case for the U.S. Supreme Court to revisit its Citizens United decision, a decision which poses a direct and serious threat to our democracy,&quot; John Bonifaz of Free Speech For People, a group that seeks to return corporations to being economic, rather than political, entities, said in a statement.

American Tradition Partnership Executive Director Donald Ferguson said in &#160;a&#160;statement the Montana Supreme court showed &quot;contempt&quot; for the law of the land and &quot;thumbed its nose at the United States Supreme Court.&quot;</description>
<source url="http://blogs.wsj.com/">Wall Street Journal Blogs</source>
<author>joe.palazzolo@wsj.com (Sam Favate  - Law Blog - WSJ)</author>
<pubDate>Tue, 03 Jan 2012 05:00:00 GMT</pubDate>
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<title>&#039;Citizens United&#039; Backlash: Montana Supreme Court Upholds State&#039;s Corporate Campaign Spending Ban</title>
<link>http://www.huffingtonpost.com/2012/01/04/citizens-united-montana-supreme-court-corporate-spending_n_1182168.html</link>
<guid isPermaLink="false">http://tobacco.org/news/331478.html</guid>
<description>The Montana Supreme Court has put itself on a collision course with the U.S. Supreme Court by upholding a century-old state law that bans corporate spending in state and local political campaigns.

The law, which was passed by Montana voters in 1912 to combat Gilded Age corporate control over much of Montana&#039;s government, states that a &quot;corporation may not make ... an expenditure in connection with a candidate or a political party that supports or opposes a candidate or a political party.&quot; In 2010, the U.S. Supreme Court, in its landmark Citizens United v. Federal Election Commission decision, struck down a similar federal statute, holding that independent electoral spending by corporations &quot;do not give rise to corruption or the appearance of corruption&quot; that such laws were enacted to combat.
. . .



To reverse the Montana Supreme Court, however, the justices would have to extract themselves from a quandary of their own making, noted professor Rick Hasen of the University of California-Irvine Law School on his popular Election Law Blog. &quot;If the Court were being honest in Citizens United,&quot; Hasen wrote, &quot;it would have said something like: We don&#039;t care whether or not independent spending can or cannot corrupt; the First Amendment trumps this risk of corruption.&quot;

But by &quot;dress[ing] up its value judgment ... as a factual statement,&quot; continued Hasen, the U.S. Supreme Court must now explain why the Montana Supreme Court was not correct to consider the factual record when it came to justifying corporate spending limits in campaign finance laws.



By a 5-2 vote this past Friday, the Montana Supreme Court declined to recognize the common understanding that Citizens United bars all laws limiting independent electoral spending. Instead, Chief Justice Mike McGrath, writing on behalf of the majority, called on the history surrounding the state law to show that corporate money, even if not directly contributed to a campaign, can give rise to corruption.
</description>
<source url="http://www.huffingtonpost.com/">Huffington Post </source>
<author>mike.sacks@huffingtonpost.com (Mike Sacks )</author>
<pubDate>Wed, 04 Jan 2012 05:00:00 GMT</pubDate>
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<title>Autopsy shows Whitefish nursing home resident, 93, died before cigarette set apartment ablaze</title>
<link>http://www.therepublic.com/view/story/b18b8aff4b024ffd809843d18f277fce/MT--Nursing-Home-Fire/</link>
<guid isPermaLink="false">http://tobacco.org/news/331336.html</guid>
<description>An investigation into a Christmas Eve fire at a Whitefish nursing home concluded that a 93-year-old resident died of natural causes before her lit cigarette set her apartment on fire, authorities said Tuesday.

Mae Thompson was found deceased in her Mountain View Manor apartment Saturday after firefighters responding to a fire alarm at about 7:30 p.m. saw smoke coming from beneath the door of one of the nursing home&#039;s apartments.</description>
<source url="http://hosted.ap.org/">Associated Press </source>
<pubDate>Tue, 27 Dec 2011 05:00:00 GMT</pubDate>
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<title>Great Falls business wrestles with indoor smoking law </title>
<link>http://www.ktvq.com/news/great-falls-business-wrestles-with-indoor-smoking-law/</link>
<guid isPermaLink="false">http://tobacco.org/news/331104.html</guid>
<description>
When the Montana Clean Indoor Air Act went into effect, several bar and casino owners in Great Falls saw a 25% drop in business.

Now, Great Falls company M.C. Inc. believes that it&#039;s found a solution that allows comfortable smoking rooms which comply with state law - but public health officials don&#039;t see it that way.

After two years of cutting expenses and barely breaking even, the owners of M.C. Inc. have found a way to cater to their smoking clientele and get the business back on track.

K.C. Palagi noted, &quot;Anything is going to help right now, to make them more comfortable and keep them there longer, you know, that&#039;s the name of the game.&quot;

The game is gambling and a preferred accompaniment is smoking.

Palagi and his business partners thought the mixture of the two was terminated with the implementation of the MT Clean Indoor Air Act in 2009, but after spending almost a year reviewing gaming and smoking laws, they found a solution in the creation of a smoking patio.</description>
<source url="http://www.ktvq.com/">KTVQ  </source>
<pubDate>Wed, 21 Dec 2011 05:00:00 GMT</pubDate>
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<title>Great Falls business wrestles with indoor smoking law</title>
<link>http://www.krtv.com/news/great-falls-business-wrestles-with-indoor-smoking-law/</link>
<guid isPermaLink="false">http://tobacco.org/news/330858.html</guid>
<description>
When the Montana Clean Indoor Air Act went into effect, several bar and casino owners in Great Falls saw a 25% drop in business.

Now, Great Falls company M.C. Inc. believes that it&#039;s found a solution that allows comfortable smoking rooms which comply with state law - but public health officials don&#039;t see it that way.

After two years of cutting expenses and barely breaking even, the owners of M.C. Inc. have found a way to cater to their smoking clientele and get the business back on track.

K.C. Palagi noted, &quot;Anything is going to help right now, to make them more comfortable and keep them there longer, you know, that&#039;s the name of the game.&quot;

The game is gambling and a preferred accompaniment is smoking.</description>
<source url="http://www.krtv.com/">KRTV </source>
<pubDate>Wed, 21 Dec 2011 05:00:00 GMT</pubDate>
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<title>After Accepting $290,000 from Tobacco Industry, House Conservatives Push &#039;Cigarettes For Children&#039; Amendment</title>
<link>http://thinkprogress.org/politics/2011/06/15/245983/rehberg-cigarettes-for-children/</link>
<guid isPermaLink="false">http://tobacco.org/news/329559.html</guid>
<description>

Last week, the House Appropriations Committee approved an amendment by Rep. Denny Rehberg (R-MT) that would immunize the tobacco industry against many FDA regulations preventing them from making tobacco more addictive and marketing it to children.  According to a joint statement by the American Cancer Society Cancer Action Network, the American Heart Association and the American Lung Association and the Campaign for Tobacco-Free Kids:

[T]he amendment would curtail the Food and Drug Administration&#039;s (FDA&#039;s) authority to regulate the contents of tobacco products. It would severely limit the kind of evidence FDA could consider in regulating tobacco and other products and eliminate the FDA&#039;s ability to stop tobacco companies from adding ingredients that make their products more attractive to children and minorities, or more addictive and more difficult to quit using. [...]</description>
<source url="http://thinkprogress.org/">Think Progress </source>
<pubDate>Wed, 15 Jun 2011 04:00:00 GMT</pubDate>
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<title>Montana Rep. Denny Rehberg&#039;s Gift to Big Tobacco </title>
<link>http://www.prwatch.org/spin/2011/06/10839/montana-rep-denny-rehbergs-gift-big-tobacco</link>
<guid isPermaLink="false">http://tobacco.org/news/329557.html</guid>
<description>
The House Appropriations Committee voted to approve an amendment introduced by Rep. Denny Rehberg (R-Montana) that would immunize the tobacco industry against U.S. Food and Drug Administration (FDA) rules stopping them from making cigarettes more addictive and marketing them to children. Among other things, Rehberg&#039;s amendment restricts FDA&#039;s authority to regulate the use of menthol in cigarettes. An FDA Scientific Advisory Committee concluded last March that menthol added to cigarettes makes them more attractive of children, increases the number of kids who start to smoke and reduces the number of smokers who can successfully quit. The Rehberg amendment also blocks FDA from regulating ammonia in cigarettes, which tobacco companies add to speed the the bodies&#039; absorption of nicotine. Rehberg&#039;s amendment is aimed at weaking the landmark 2009 law giving FDA authority over tobacco products. Members of the Appropriations Committee who voted in favor of Rehberg&#039;s amendment together accepted $289,927 in tobacco industry campaign contributions in the last election cycle compared to just $10,000 taken by those who opposed the amendment -- a 20-fold difference.</description>
<source url="http://www.prwatch.org/">PR Watch</source>
<pubDate>Thu, 16 Jun 2011 04:00:00 GMT</pubDate>
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<title>Missoula County Public Schools policy bans &#039;e-cigarettes&#039;</title>
<link>http://www.ravallirepublic.com/news/state-and-regional/996982bf-b840-5826-a302-0cb094a6b497.html</link>
<guid isPermaLink="false">http://tobacco.org/news/329352.html</guid>
<description>

An updated Missoula County Public Schools tobacco policy targets devices that are growing in popularity nationwide as smoking bans take hold everywhere: electronic vapor cigarettes.

Also known as &quot;e-cigarettes,&quot; the battery-powered devices give users a hit of nicotine through puffs on a plastic, cigarette-shaped cartridge, which creates a cloud of water vapor they then exhale. The process is called &quot;vaping.&quot; No smoke is exhaled and the devices are entirely free of tobacco.

The new language of the MCPS policy directly mirrors language from a policy recommendation by the state Office of Public Instruction, which bans teachers, staff and students from using &quot;nicotine innovations&quot; on school campuses and at official school functions.

Elizabeth Kaleva, attorney for MCPS, said OPI was quite firm in its recommendation that districts ban such &quot;nicotine innovations.&quot;

&quot;This is the first time I can remember OPI saying, &#8216;We would really like you to look at your tobacco policy,&#039; &quot; she said.</description>
<source url="http://www.ravallirepublic.com/">Ravalli  Republic</source>
<author>jkelly@missoulian.com (JAMIE KELLY of the Missoulian)</author>
<pubDate>Sat, 26 Nov 2011 05:00:00 GMT</pubDate>
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<title> Missoula County Public Schools policy bans &#039;e-cigarettes&#039;</title>
<link>http://missoulian.com/news/local/missoula-county-public-schools-policy-bans-e-cigarettes/article_ddac9528-17db-11e1-a9d3-001cc4c03286.html</link>
<guid isPermaLink="false">http://tobacco.org/news/329318.html</guid>
<description>
An updated Missoula County Public Schools tobacco policy targets devices that are growing in popularity nationwide as smoking bans take hold everywhere: electronic vapor cigarettes.

Also known as &quot;e-cigarettes,&quot; the battery-powered devices give users a hit of nicotine through puffs on a plastic, cigarette-shaped cartridge, which creates a cloud of water vapor they then exhale. The process is called &quot;vaping.&quot; No smoke is exhaled and the devices are entirely free of tobacco.

The new language of the MCPS policy directly mirrors language from a policy recommendation by the state Office of Public Instruction, which bans teachers, staff and students from using &quot;nicotine innovations&quot; on school campuses and at official school functions.

Elizabeth Kaleva, attorney for MCPS, said OPI was quite firm in its recommendation that districts ban such &quot;nicotine innovations.&quot;</description>
<source url="http://www.missoulian.com">The Missoulian</source>
<author>jkelly@missoulian.com (JAMIE KELLY of the Missoulian)</author>
<pubDate>Sat, 26 Nov 2011 05:00:00 GMT</pubDate>
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<title>Editorial: Smoking ban may go too far for MSU </title>
<link>http://www.bozemandailychronicle.com/opinions/editorials/article_58b3b700-f848-11e0-bc22-001cc4c03286.html</link>
<guid isPermaLink="false">http://tobacco.org/news/327612.html</guid>
<description>
Protecting nonsmokers from secondhand smoke is certainly a good thing, and measures to ensure that happens are justifiable. But a ban on all use of tobacco on the 1,400-acre-plus MSU campus &#8211; including smokeless tobacco and tobacco use in individuals&#8217; private vehicles &#8211; doesn&#8217;t seem necessary to accomplish that.

The ban may send a message about tobacco use, but experience will prove the ban to be unenforceable in many instances.  . . .


Once the ban takes effect, students and university employees will likely ignore the smokeless-tobacco ban and find ways to sneak smokes in isolated places on campus. And tobacco use will be widespread &#8211; and likely ignored by campus police &#8211; in tailgate areas before and during football games.

Tobacco use in any form poses substantial health risks and should certainly be avoided by everyone. But there is still an element within the population that uses these products regularly. And potential students within that element could be sent looking for other schools by the new tobacco ban.
</description>
<source url="http://www.gomontana.com/News/">Bozeman  Chronicle</source>
<pubDate>Mon, 17 Oct 2011 04:00:00 GMT</pubDate>
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<title>MSU OKs strict ban on tobacco, starting in 2012 :   Tobacco&#8217;s days are numbered at Montana State University.</title>
<link>http://www.bozemandailychronicle.com/news/health/article_a371c6e6-efde-11e0-aad8-001cc4c03286.html</link>
<guid isPermaLink="false">http://tobacco.org/news/327089.html</guid>
<description>
More than two dozen campus leaders voted unanimously at Wednesday&#8217;s University Council meeting to approve a policy that will ban smoking, chewing tobacco and all tobacco products starting Aug. 1, 2012.

Once it takes effect, students, employees, guests, conference attendees and contractors won&#8217;t be allowed to use tobacco on the Bozeman campus. The ban will apply even in personal cars, at football games, inside or outside of dorms, in university-owned or -leased buildings or on sidewalks running through the Bozeman campus.

The only exception would be public sidewalks along streets not owned by MSU. That appears to include Kagy Boulevard and part of South 11th Avenue, south of Lincoln Street from the MSU Alumni and Foundation building to Kagy. However, Leslie Taylor, MSU chief legal counsel, said she&#8217;ll have to research further which streets are public and which are MSU-owned.
</description>
<source url="http://www.gomontana.com/News/">Bozeman  Chronicle</source>
<pubDate>Thu, 06 Oct 2011 04:00:00 GMT</pubDate>
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<title>  Health Matters: For every 8 smokers who die from tobacco use, 1 nonsmoker also dies </title>
<link>http://billingsgazette.com/lifestyles/health-med-fit/article_d4c979c9-444d-5a7b-8dc6-2bd983834a9d.html</link>
<guid isPermaLink="false">http://tobacco.org/news/327060.html</guid>
<description>
In recent decades, Montana has implemented numerous tobacco-related policies. One of the most significant advances in recent Montana public health policy is the Clean Indoor Air Act.

CIAA requirements

On Oct. 1, 2009, the Montana Clean Indoor Air Act went into full effect across the state. The CIAA requires all enclosed public places and workplaces to be smoke-free, including restaurants, bars, taverns and casinos. It also requires all businesses to prominently place smoke-free signs on all public entrances.

The CIAA recognizes that the need to breathe smoke-free air has priority over the desire to smoke. Secondhand smoke is an extremely important health issue because when people choose to smoke, they negatively impact the health of all people around them. . . 


The health benefits of smoke-free workplace policies, such as the CIAA, are numerous and include decreased exposure to secondhand smoke, reduced number of heart attacks, reduced number of youths who smoke and an increased number of Montana smokers who quit.

If you are interested in quitting tobacco, help is available. Call the Montana Tobacco Quit Line at 800-QUIT-NOW. The Montana Tobacco Quit Line offers free and reduced-cost benefits to all Montana residents.</description>
<source url="http://www.billingsgazette.com">Billings  Gazette</source>
<author>Sara.Str@riverstonehealth.org (SARA STROMBERG For The Gazette)</author>
<pubDate>Wed, 05 Oct 2011 04:00:00 GMT</pubDate>
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<title>Smokers so far complying with University of Montana&#039;s tobacco ban</title>
<link>http://www.ravallirepublic.com/news/state-and-regional/4fe9a808-1de4-5c97-8bbd-fd87d31d5639.html</link>
<guid isPermaLink="false">http://tobacco.org/news/326059.html</guid>
<description>
The tobacco-free campus policy went into effect on the UM campus on Sunday, Aug. 28, the day before fall semester classes began. Ashtrays once located 25 feet from building entrances are now placed along the outskirts of campus.

After a yearlong educational campaign - where UM spent time and money hanging posters, sending out emails and visiting campus groups - the effort appeared effective.

&quot;It&#039;s been a lot of work,&quot; Stearns said. &quot;I was really happy to see people cooperating. I knew they would embrace the change, I just didn&#039;t know how long it would take.&quot;

Public safety officers did not respond to any complaints of smokers on the interior of campus during the ban&#039;s first week and dozens of students ventured to the outskirts to take drags on pipes and cigarettes.

&quot;We have been getting pretty good compliance,&quot; </description>
<source url="http://www.ravallirepublic.com/">Ravalli  Republic</source>
<author>chelsi.moy@missoulian.com (CHELSI MOY of the Missoulian)</author>
<pubDate>Mon, 05 Sep 2011 04:00:00 GMT</pubDate>
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<title>College Campuses Clear the Air :   Students return to smoke-free campuses</title>
<link>http://www.tobaccofreekids.org/tobacco_unfiltered/post/2011_09_07_campuses/?utm_source=alert&amp;utm_medium=email&amp;utm_campaign=tobacco_unfiltered</link>
<guid isPermaLink="false">http://tobacco.org/news/325847.html</guid>
<description>
Prohibitions on smoking in residence halls, classrooms and other indoor spaces have long been common, but increasingly, students and faculty have advocated for -- and won -- smoke-free policies that apply anywhere on campus, including outdoor spaces such as athletic stadiums and parking lots. Among the smoke-free venues are all 33 campuses in the Arkansas state university system, and the 23 campuses of the City University of New York.

The policies tend to be implemented smoothly. At the University of Montana, where smokers staged a &quot;Great Missoulian Smoke-Up&quot; on August 27 -- the day before the tobacco-free campus policy went into effect -- health officials report good compliance. &quot;We haven&#039;t had any real problems,&quot; says Gary Taylor, director of public safety.

Home football games are expected to pose a challenge, but the university is ready</description>
<source url="http://www.tobaccofreekids.org">Campaign for Tobacco-Free Kids</source>
<author>unfiltered@tobaccofreekids.org (signing up, you may also get occasional alerts about)</author>
<pubDate>Wed, 07 Sep 2011 04:00:00 GMT</pubDate>
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<title> Smokers so far complying with University of Montana&#039;s tobacco ban</title>
<link>http://missoulian.com/news/local/article_b3f8cba8-d76b-11e0-8ef3-001cc4c03286.html</link>
<guid isPermaLink="false">http://tobacco.org/news/325748.html</guid>
<description>
Several times last week, Julee Stearns strolled along Arthur and Beckwith avenues offering free-drink coupons to smokers standing in the grassy area between the street and the sidewalk.

&quot;Thank you for following the tobacco policy,&quot; said Stearns, a University of Montana health promotion specialist.

The tobacco-free campus policy went into effect on the UM campus on Sunday, Aug. 28, the day before fall semester classes began. Ashtrays once located 25 feet from building entrances are now placed along the outskirts of campus.

After a yearlong educational campaign - where UM spent time and money hanging posters, sending out emails and visiting campus groups - the effort appeared effective.
</description>
<source url="http://www.missoulian.com">The Missoulian</source>
<author>chelsi.moy@missoulian.com (CHELSI MOY of the Missoulian)</author>
<pubDate>Mon, 05 Sep 2011 04:00:00 GMT</pubDate>
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