Indiana Call to Action - Stop the Monopoly
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I kept asking and figured that he wasn't going to see it so I hopped off for just a damn second, I swear!, and when I came back he was just saying "there's your synopsis"
I missed it
Whaaaaaaaaaaaaaaa!
The judge's ruling only applies to Goodcat.....but the reasoning for the ruling can be used by other out of state producers in other lawsuits.
We have some work to do to turn this into help for the Hoosier producers, but it is the first ..... in the armor of corruption to be exposed. The judge had some interesting things to say about the security company.... I really have to read that section again, then have a lawyer explain it to me to full comprehend what it actually says.
There is some BS in the ruling, but overall it's a huge relief to finally have a win.
We have some work to do to turn this into help for the Hoosier producers, but it is the first ..... in the armor of corruption to be exposed. The judge had some interesting things to say about the security company.... I really have to read that section again, then have a lawyer explain it to me to full comprehend what it actually says.
There is some BS in the ruling, but overall it's a huge relief to finally have a win.
ORDER granting GoodCat's 9 Motion for Preliminary Injunction. The court hereby ENJOINS the ATC from enforcing Indiana Code §§ 7.1-7-2-14, 7.1-7-2-22(3)(B), and 7.1-7-4-1(d) against GoodCat. The court further ORDERS the ATC to issue GoodCat a manufacturing permit until GoodCat's claims reach final disposition. Signed by Judge Richard L. Young on 8/19/2016. (TMD)
Link to pdf of complete ruling, if anyone wants to read
ORDER granting GoodCat's 9 Motion for Preliminary Injunction for GOODCAT, LLC v. COOK et al :: Justia Dockets & Filings
Link to pdf of complete ruling, if anyone wants to read
ORDER granting GoodCat's 9 Motion for Preliminary Injunction for GOODCAT, LLC v. COOK et al :: Justia Dockets & FilingsThank you.ORDER granting GoodCat's 9 Motion for Preliminary Injunction. The court hereby ENJOINS the ATC from enforcing Indiana Code §§ 7.1-7-2-14, 7.1-7-2-22(3)(B), and 7.1-7-4-1(d) against GoodCat. The court further ORDERS the ATC to issue GoodCat a manufacturing permit until GoodCat's claims reach final disposition. Signed by Judge Richard L. Young on 8/19/2016. (TMD)
Link to pdf of complete ruling, if anyone wants to read
Here is a Classic from the Judges Ruling...
26. Although the Act requires that an eligible security firm have employed a certified
Rolling Steel Fire Door Technician for at least a year, the Act does not require an e-liquid
manufacturer to have rolling steel fire doors in its facility. (Hr’g Tr. at 64:10–16).
27. Defendants have no position on how a rolling steel fire door protects against
tampering or adulteration of e-liquid during the manufacturing process. (Stipulated Facts
¶ 11).
https://cases.justia.com/federal/di...ce/1:2016cv01514/66209/54/0.pdf?ts=1471684646
26. Although the Act requires that an eligible security firm have employed a certified
Rolling Steel Fire Door Technician for at least a year, the Act does not require an e-liquid
manufacturer to have rolling steel fire doors in its facility. (Hr’g Tr. at 64:10–16).
27. Defendants have no position on how a rolling steel fire door protects against
tampering or adulteration of e-liquid during the manufacturing process. (Stipulated Facts
¶ 11).
https://cases.justia.com/federal/di...ce/1:2016cv01514/66209/54/0.pdf?ts=1471684646
ORDER granting GoodCat's 9 Motion for Preliminary Injunction. The court hereby ENJOINS the ATC from enforcing Indiana Code §§ 7.1-7-2-14, 7.1-7-2-22(3)(B), and 7.1-7-4-1(d) against GoodCat. The court further ORDERS the ATC to issue GoodCat a manufacturing permit until GoodCat's claims reach final disposition. Signed by Judge Richard L. Young on 8/19/2016. (TMD)
Link to pdf of complete ruling, if anyone wants to read
Thank you.
Here is a Classic from the Judges Ruling...
26. Although the Act requires that an eligible security firm have employed a certified
Rolling Steel Fire Door Technician for at least a year, the Act does not require an e-liquid
manufacturer to have rolling steel fire doors in its facility. (Hr’g Tr. at 64:10–16).
27. Defendants have no position on how a rolling steel fire door protects against
tampering or adulteration of e-liquid during the manufacturing process. (Stipulated Facts
¶ 11).
https://cases.justia.com/federal/di...ce/1:2016cv01514/66209/54/0.pdf?ts=1471684646
Tk God someone(the judge) has realized that some of our politicains and a vaper company is trying to monopolize the vaper industry in Indiana. What happen to free interstate trade?
It is sad that corrupt politicains, that where voted in by honest voters, are paid off by this "ONE" vaper company to ruin small mom/pop vaper shops
It is sad that corrupt politicains, that where voted in by honest voters, are paid off by this "ONE" vaper company to ruin small mom/pop vaper shops
If politicians have to choose between loosing tobacco tax dollars and people quiting smoking. I feel they would rather people keep smoking, That right there ticks me off
WOW, did I just hear something on the local FOX channel about the FBI looking into the new Indiana regs??? I think it's an upcoming segment. Stay tuned.
Well, haven't seen the news segment yet but it's on the indystar.com front page!! Not much info there but maybe something good will come out of this. I'd like to see a few people in jail but we all know that's probably not going to happen.
WOW, did I just hear something on the local FOX channel about the FBI looking into the new Indiana regs??? I think it's an upcoming segment. Stay tuned.
Can't say that I am too broken up on hearing this.
FBI looking for foul play in creation of Indiana vaping law
In Fact. I have a BIG Fat Grin on my Face.
From the first time I read about this way back when there were so many things about it that seemed so obviously crooked, stupid crooked like on some tabloid TV show where a guy tries to rob a bank with a rubber chicken. Nice to know the FBI didn't miss it.
Can't say that I am too broken up on hearing this.
FBI looking for foul play in creation of Indiana vaping law
In Fact. I have a BIG Fat Grin on my Face.
Can't say that I am too broken up on hearing this.
FBI looking for foul play in creation of Indiana vaping law
In Fact. I have a BIG Fat Grin on my Face.
From the article:
“The state contends that decisions about how to regulate the businesses that manufacture the chemicals used in e-cigarettes ought to be made by the people’s elected representatives in the legislature
So, by extension, no food or drink should come across the State line without legislative approval???
This is kinda a Long Read. But Very Interesting...
Trail of meetings
So how did one Lafayette company gain control over Indiana’s entire vaping industry?
The answer is murky, though the company had a number of advocates along the way, including one attorney who previously worked for the Indiana Alcohol and Tobacco Commission, the agency charged with implementing the law.
Before the 2015 law passed, the ATC started meeting with lobbyist Jim Purucker and attorney Jack Thar. ATC General Counsel Jessica Allen said in a deposition the meetings began when it was “clear we were getting some form of e-liquid regulation.” At the time, the men were representing Indiana Vapor Co., a company that hoped to manufacture and sell e-liquids.
The deposition is part of a federal lawsuit by manufacturers that are trying to block the law. The state also is being sued in state court, although a judge recently ruled against the plaintiffs’ request for an injunction to stop the law from taking effect.
Thar and Purucker “wanted to meet with us to offer their assistance on rule-drafting,” Allen said in the transcript of the deposition.
On May 7, 2015, the date the first vaping legislation was signed into law by Gov. Mike Pence, the ATC had another meeting with Thar, where he suggested the agency “designate a certain security company to help manufacturers comply with the statute.”
Then in July 2015, Allen said, the ATC learned that Mulhaupt’s thought it could meet the law’s requirements. Allen said the ATC was approached by one of the agency’s former prosecutors, Jennifer Drewry,who had begun representing Mulhaupt’s as its lawyer. Drewry left the ATC in January 2014, according to the agency.
The ATC toured Mulhaupt’s Indianapolis location in August 2015 and shared in late September with vaping industry members that Mulhaupt’s met the law’s security firm requirements.
The ATC was contacted by “two or three” security companies besides Mulhaupt’s, Allen said in the deposition, but when she “would start listing the requirements for the security company … that was basically the end of the conversation.”
Later in 2015, the ATC grew concerned Mulhaupt’s might not actually meet every requirement in the law.
So Mulhaupt’s then hired Thar, the former executive director of the Indiana Gaming Commission who had already been working with the ATC on the rules. Thar said he was charged with helping the company meet the requirements by “clearing up” the bill in the Legislature.
With Thar’s help, Mulhaupt’s won the changes it wanted from the Legislature.
E-cigarette players fume over favored security firm | 2016-06-18 | Indianapolis Business Journal | IBJ.com
Trail of meetings
So how did one Lafayette company gain control over Indiana’s entire vaping industry?
The answer is murky, though the company had a number of advocates along the way, including one attorney who previously worked for the Indiana Alcohol and Tobacco Commission, the agency charged with implementing the law.
Before the 2015 law passed, the ATC started meeting with lobbyist Jim Purucker and attorney Jack Thar. ATC General Counsel Jessica Allen said in a deposition the meetings began when it was “clear we were getting some form of e-liquid regulation.” At the time, the men were representing Indiana Vapor Co., a company that hoped to manufacture and sell e-liquids.
The deposition is part of a federal lawsuit by manufacturers that are trying to block the law. The state also is being sued in state court, although a judge recently ruled against the plaintiffs’ request for an injunction to stop the law from taking effect.
Thar and Purucker “wanted to meet with us to offer their assistance on rule-drafting,” Allen said in the transcript of the deposition.
On May 7, 2015, the date the first vaping legislation was signed into law by Gov. Mike Pence, the ATC had another meeting with Thar, where he suggested the agency “designate a certain security company to help manufacturers comply with the statute.”
Then in July 2015, Allen said, the ATC learned that Mulhaupt’s thought it could meet the law’s requirements. Allen said the ATC was approached by one of the agency’s former prosecutors, Jennifer Drewry,who had begun representing Mulhaupt’s as its lawyer. Drewry left the ATC in January 2014, according to the agency.
The ATC toured Mulhaupt’s Indianapolis location in August 2015 and shared in late September with vaping industry members that Mulhaupt’s met the law’s security firm requirements.
The ATC was contacted by “two or three” security companies besides Mulhaupt’s, Allen said in the deposition, but when she “would start listing the requirements for the security company … that was basically the end of the conversation.”
Later in 2015, the ATC grew concerned Mulhaupt’s might not actually meet every requirement in the law.
So Mulhaupt’s then hired Thar, the former executive director of the Indiana Gaming Commission who had already been working with the ATC on the rules. Thar said he was charged with helping the company meet the requirements by “clearing up” the bill in the Legislature.
With Thar’s help, Mulhaupt’s won the changes it wanted from the Legislature.
E-cigarette players fume over favored security firm | 2016-06-18 | Indianapolis Business Journal | IBJ.com
FBI probing for possible corruption in vaping law | 2016-08-22 | Indianapolis Business Journal | IBJ.com
The Trail of Meetings is a good read.
I've been told the IBJ has really powerful articles waiting in the wings. Really wish I could read them before they are printed.
The Trail of Meetings is a good read.
I've been told the IBJ has really powerful articles waiting in the wings. Really wish I could read them before they are printed.
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