Indiana files suit

[pennysmalls]

Hoosier Vapers Files Lawsuit Against State of Indiana

Indiana vapers file suit. I would like to know if this is all in vain now if the deeming gets the go ahead. How would that work?

 

[zoiDman]

Hoosier Vapers Files Lawsuit Against State of Indiana

Indiana vapers file suit. I would like to know if this is all in vain now if the deeming gets the go ahead. How would that work?

Thank you for Posting this pennysmalls. We have been waiting for this Complaint to be Filed.

I'm not sure how much of this would be in vain if Deeming was Finalized tomorrow? Because I don't know how Restrictive the coming FDA Regulations will be?

Or how many Immediate Actions the FDA will take?

 

[pennysmalls]

zoi- I'm betting it was very difficult to make a final decision to file this suit or not. There is so much unknown. I can't formulate an opinion on this matter except to say that I'm very thankful to those who are fighting/taking a stand here in Indiana.

 

[zoiDman]

zoi- I'm betting it was very difficult to make a final decision to file this suit or not. There is so much unknown. I can't formulate an opinion on this matter except to say that I'm very thankful to those who are fighting/taking a stand here in Indiana.

For Me, if I was Resident/Business Owner in Indiana, the choice to go forward with this Complaint would be Very Easy. I would be Moving Forward 100%. Even if I felt that a Finalized Deeming would degrade any Possible Judgment.

I think Lines need to be Drawn sometimes. And Excessive Legislation needs to be Challenged.

 

[Hoosier]

The suit is needed. ATC invoked emergency rules when they published the regulations. Basically sidestepping the required procedures. The security requirements are insane. The law makes individuals who buy from outside the state or make their own juice criminals.

We don't know what is going to come out of the deeming regs from the FDA yet, but we know what the Indiana law will do. The timing for a lawsuit was now. Wait and a judge may believe the complaint has less merit because it wasn't filed when the effects of the regulations where known. We couldn't file earlier because the ATC had not published.

I dislike suing in general, but there was no option for us in the legislative or administrative branches. The judicial branch is where the battle has to move to if it is to continue. We estimate it cost our opponents 5 mil to get the law passed. We don't have that kind of money to move the legislative branch. The lawsuit is expensive, very, but it's much less than 5 mil. The Indiana constitution does not allow a group of people to be subject to laws that don't apply to all Hoosiers. The lawsuit points out how that tenant of the constitution, and others, are violated by the new law.

Freedom isn't free. At least we do not have to pay with our lives or blood, just money.

Full consumer membership costs $100 and every dime goes to fighting for vapers. Hoosiervapers.com/shop. (I'd link, but it's hit or miss on my phone lately and may disturb some section of ECF rules I'm not familiar with.). Full members can vote for board members and there are shops that offer discounts to card carrying members. Yep, it comes with a card too....

I'm a member. I'm on the board. I'm on the executive committee. I've been fighting for years. The fight has evolved. I welcome everyone to join me. After all I'm not special, just a vaper trying to do what is right.

 

[zoiDman]

... The Indiana constitution does not allow a group of people to be subject to laws that don't apply to all Hoosiers. The lawsuit points out how that tenant of the constitution, and others, are violated by the new law.

...

Right On Hoosier.

I hope this lawsuit Also brings as much attention as possible to the Legislators who Author, Sponsors and or Vote for Legislation such as this.

 

[Hoosier]

The state senator that was the main thrust behind the law has already announced he is not seeking reelection.

We are glad to see senator Yoder has other things to do besides attack vapers.

 

[zoiDman]

The state senator that was the main thrust behind the law has already announced he is not seeking reelection.

We are glad to see senator Yoder has other things to do besides attack vapers.

Was Yoder the one who had Ties to a Private Security Firm? Either way, Good to hear that he is Not seeking Re-Election.

Those how are, should have their Name/Voting Records posted in every Vape Shop and Indiana Online Retailer's website. So Vaper's can know how Elected Officials have effected Indiana's Vapers lives.

Both for Good. But Especially for Bad.

 

[mcol]

This is how the Indiana Senators voted on that bill:

 

[pennysmalls]

If anything this suit will show every state looking at doing something similar that vapers are serious and need to be taken seriously. If we come out victorious with this suit all the better. I'll be donating to help fund this suit with my first check of the new year, the check that will reflect my awesome recent pay raise!

 

[Hoosier]

Sorry about a mistype. It's hoosiervapers.org/shop

Anyone can click on the "$ Donate" tab and the cart will work. The cart does not work on the landing page at hoosiervaper.org/shop.

Yoder presides over a church and a dance studio from what I remember. The ties to the security firm are odd and we couldn't make a direct connection to any legislator. The security firm that met all the law's requirements during session has no intention of working with any vape shop in the state. Hoosier Vapers has found another firm that believes it meets the regulation and lawyer types are going over the posted regulations to verify that.

Special thanks to mcol for posting the voting tally. Unfortunately folks like Yoder said to the assembly that the problems with the bill were taken out and we supported the resulting bill, when that was the furtherest thing from the truth. I'm not allowed to say a legislator lied to his colleagues as it has ramifications for us when speaking to legislators. Politics is not for the squeamish or easily angered.

 

[Kent C]

Anyone can click on the "$ Donate" tab and the cart will work.

Done!! Hope the $$ helps! Many of us has thought that it will be the lawsuits where we do our best against the anti-ecig types. No guarantees of course, but well worth the effort. Thank you Hoosier!

 

[Hoosier]

Thank you Kent C!

Everything helps and is greatly appreciated.

 

[Kent C]

Thank you Kent C!

Everything helps and is greatly appreciated.

 

[bigdancehawk]

The suit is needed. ATC invoked emergency rules when they published the regulations. Basically sidestepping the required procedures. The security requirements are insane. The law makes individuals who buy from outside the state or make their own juice criminals.

We don't know what is going to come out of the deeming regs from the FDA yet, but we know what the Indiana law will do. The timing for a lawsuit was now. Wait and a judge may believe the complaint has less merit because it wasn't filed when the effects of the regulations where known. We couldn't file earlier because the ATC had not published.

I dislike suing in general, but there was no option for us in the legislative or administrative branches. The judicial branch is where the battle has to move to if it is to continue. We estimate it cost our opponents 5 mil to get the law passed. We don't have that kind of money to move the legislative branch. The lawsuit is expensive, very, but it's much less than 5 mil. The Indiana constitution does not allow a group of people to be subject to laws that don't apply to all Hoosiers. The lawsuit points out how that tenant of the constitution, and others, are violated by the new law.

Freedom isn't free. At least we do not have to pay with our lives or blood, just money.

Full consumer membership costs $100 and every dime goes to fighting for vapers. Hoosiervapers.com/shop. (I'd link, but it's hit or miss on my phone lately and may disturb some section of ECF rules I'm not familiar with.). Full members can vote for board members and there are shops that offer discounts to card carrying members. Yep, it comes with a card too....

I'm a member. I'm on the board. I'm on the executive committee. I've been fighting for years. The fight has evolved. I welcome everyone to join me. After all I'm not special, just a vaper trying to do what is right.

I'm delighted to learn that this suit was filed. It's time to fight back against this kind of absurd regulation. Fingers crossed you draw a good judge. Where can we view a copy of the petition?

 

[Hoosier]

As of now, only Hoosier Vapers board members can view the filing...

I doubt it will be released to the general public until after it progresses a bit and certainly after a judge is assigned to the case.

 

[jQuack]

As a Hoosier who is recently new to vaping this is very troubling. As a smoker of 42 years to quit so easily with the help of vaping is extraordinary.

Going forward, is there any way to predict how this law will be implemented or more specifically what will be the consequences of being in possession of nicotine juice after July of 2016? I suppose I could quit but then driving past each convenience store with cigarette signs plastered all over it will be a challenge.

 

[LaraC]

Donated also. I hope your efforts are successful, Hoosier.

 

[Hoosier]

As a Hoosier who is recently new to vaping this is very troubling. As a smoker of 42 years to quit so easily with the help of vaping is extraordinary.

Going forward, is there any way to predict how this law will be implemented or more specifically what will be the consequences of being in possession of nicotine juice after July of 2016? I suppose I could quit but then driving past each convenience store with cigarette signs plastered all over it will be a challenge.

Yes, we know how it will be implemented because the ATC has published the regulations. There are still questions about enforcement and how that will go. We had a number of reports that ATC agents were attempting to enforce the new law before July 2016 and even before the ATC published any regulations... Thankfully the ones that we know about were against HV members and we were able to clear things up before anything unfortunate happened after they contacted the board. Reactions to the law from shops and vendors is unclear. We have encountered a number of vendors outside the state that mistakenly thought the law was effective July 2015 instead of 2016 and refused to ship to Indiana. Each one we were made aware of has been contacted and the facts were explained.

The units made by big tobacco are exempt from the law, so cig-alikes will be unaffected. The juice maker/wholeseller who paid for the law will be unaffected. What the honest and good shops owners do because of this law if we cannot get an injunction and eliminate huge portions of this law, is unknown. According to the CASAA survey's results, I suspect vaping will go blackmarket/underground in Indiana if we do not prevail. That would be the end of a number of jobs and shop owners' finances if so. A number of shop owners are doing their best to be able to meet the regulations, but there are questions as to if all who are trying can, and if they do, how long they can keep the doors open with the significantly increased cost of doing business.

Also know that every third Saturday of the month a number of Hoosier Vapers meet at the Silver Bullet in Beech Grove from 4-8pm. We welcome everyone. Some folks visit once, get good vaping advice and we never see them again. Some keep coming over and over. It's a group of great folks and we have fun just passing time in a friendly environment with each other. Feel free to join us.

 

[jQuack]

Yes, we know how it will be implemented because the ATC has published the regulations. There are still questions about enforcement and how that will go. We had a number of reports that ATC agents were attempting to enforce the new law before July 2016 and even before the ATC published any regulations... Thankfully the ones that we know about were against HV members and we were able to clear things up before anything unfortunate happened after they contacted the board. Reactions to the law from shops and vendors is unclear. We have encountered a number of vendors outside the state that mistakenly thought the law was effective July 2015 instead of 2016 and refused to ship to Indiana. Each one we were made aware of has been contacted and the facts were explained.

The units made by big tobacco are exempt from the law, so cig-alikes will be unaffected. The juice maker/wholeseller who paid for the law will be unaffected. What the honest and good shops owners do because of this law if we cannot get an injunction and eliminate huge portions of this law, is unknown. According to the CASAA survey's results, I suspect vaping will go blackmarket/underground in Indiana if we do not prevail. That would be the end of a number of jobs and shop owners' finances if so. A number of shop owners are doing their best to be able to meet the regulations, but there are questions as to if all who are trying can, and if they do, how long they can keep the doors open with the significantly increased cost of doing business.

Also know that every third Saturday of the month a number of Hoosier Vapers meet at the Silver Bullet in Beech Grove from 4-8pm. We welcome everyone. Some folks visit once, get good vaping advice and we never see them again. Some keep coming over and over. It's a group of great folks and we have fun just passing time in a friendly environment with each other. Feel free to join us.

Are Industry Membership Dues and Donations pooled together and is this what is paying the attorneys' fees for the lawsuit?

I would like to sponsor a member by paying his or her dues. Do you know of someone deserving well informed who will diligently participate in my place? If not I will make it a donation.