CMD-Ky,
Are you an attorney & former judge? I'd love to have an attorney chime in on whether or not these bans can successfully be challenged.
It would seem like a successful legal challenge in a small municipality would set a precedence & make all the others back off.
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Quote Originally Posted by Wow1420 View Post
Is there any reason to think that they(bans) are not legal? Any reason to think vapers could win in a lawsuit?
My reply:
Most of the "bans" in Kentucky are related to the public health, the proverbial "greater good". I think challenges to these are not likely to be successful due to the amount of money it would take to show that there is
no rational nexus between the ban and the public health. We have so slipped over the edge that a concept that a private business may have an right to make its own rules for its customers is nearly anathema, incomprehensible, to the public.
These public health bans have a wealth of emotional, if not intellectual appeal. They are "for the children" or for those downtrodden victims who have no choice but to endure the rampaging harm done to them. Emotionally engendered laws or ordinances are so easy for pandering politicians simply because they require, perhaps even have as a prerequisite, no thought.
Consequently, I think "ban" challenges are more costly than beneficial. [All obligatory disclaimers are included by reference in to this post.]
Begin new reply to V8's post:
The above is an earlier reply post of mine. To assess any regulation, first, I would need to see the actual law, ordinance or regulation, any comment that I would make without my reading the actual text wouldn't be worth your reading.
Second, money money money is required, unbelievable amounts of money is a prerequisite to litigation. That is why people apply to the ACLU for assistance - them ACLU has the money. It is also why cities cave to the ACLU upon the writing of a letter, cities don't care to fund a law suite against the ACLU (Christmas trees on the public square, Ten Commandments in public buildings).
Lastly, any lawyer worth his or her salt, will tell you as well I that it is very difficult to practice in a state with which one is unfamiliar. I am well versed for Kentucky but send me across the river to Ohio, I have no license; I have only a general as opposed to a specific knowledge of what to do and how to do it. Essentially without local Ohio counsel to assist, I would be in violation of the law as well as nearly an ignorant fool. Every state has a different substantive and procedural scheme. That is another advantage the ACLU has, they have many members in every state so local counsel and knowledge is always available.
You are absolutely correct in your idea that attacking the smaller municipalities may yield greater results. The smaller the municipality, the slimmer the financial resources. But again, the problem will be funding your challenge.
I wish that I had a definitive answer for you but on a forum, it simply is not possible to give reliable legal advice.
