Massachusetts banned e-cigs entirely... smh

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muth

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Massachusetts has to be the most wannabe communist state in the union.
Wannabe is the operative word here for sure. Our governor is Republican and all of a sudden he wants to regulate small business owners in such a way as to put them out of business. I don't understand anything anymore. Everything is upside down.
 

ENAUD

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Suffolk County Superior Court Judge Douglas Wilkins in Boston said he would bar the state from enforcing the ban on nicotine-vaping product sales unless Governor Charlie Baker’s administration by next week put forward a new rule codifying it.

But Wilkins said because Baker’s administration could easily re-enact his Sept. 24 emergency order imposing the ban through a regulation that the public could comment on, he did not believe it was appropriate to rule more broadly.

@muth, I had to read it like four times, my understanding is the judge gave the governor a week to get the ban passed into law, or he would bar the state from enforcing it. Can a law be proposed, voted on, and passed in a week? Is a rule a law?
 

BigPappa

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ENAUD

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“While the plaintiffs have shown a likelihood of success, the balance of harms weigh in defendants’ favor in some respects, and an immediate injunction against the entire order would contravene the public interest,” Judge Douglas Wilkins wrote in his ruling.

Wilkins said unless the state goes through the proper procedure for the adoption of an emergency regulation, which requires a public hearing, the ban will end next Monday.

Hmmm, don't know what to make of this...
 

zoiDman

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Hmmm, don't know what to make of this...

The way I read it is the Judge feels that there is a likelihood that the Ban as it stands has a Good Chance of being overturned in a Regular Court. Because it Subverted the Normal Legislative/Rule Making process. But that the Ban could/does server a Public Purpose. So tossing it Now could cause Harm.

So the Judge is giving the State a Chance to go thru Normal Channels. And if they Don't or Can't, the Ban would be Injuncted.

In Lay Terms, I think the Judge is say'n... Look, I know why you want to do a Ban. But you have used a Backdoor Method that runs counter to what the Statutory Requirements say you have to use.

So go back and Do It the way it is Supposed to be done. Or I'll Toss It.
 

zoiDman

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I cannot believe the politicians ignorance when it comes to this issue. Clueless as to the device, WHAT they vaped and WHO they bought it from. ...

Do you Really think they are Ignorant?

Or is What they Say and How they Act just the Lines the Actors recite for the ears of the Uniformed in the Audience?
 

muth

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@muth, I had to read it like four times, my understanding is the judge gave the governor a week to get the ban passed into law, or he would bar the state from enforcing it. Can a law be proposed, voted on, and passed in a week? Is a rule a law?
I heard it on the radio later today. In my own words.....Baker has a week to put into legislation an emergency regulation. My question is, is that easy to do? What are our chances here? BigPappa is right. The ban still stands as it is (but apparently our governor acted unlawfully in it's application). I say throw him in jail:laugh:!
 

muth

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The way I read it is the Judge feels that there is a likelihood that the Ban as it stands has a Good Chance of being overturned in a Regular Court. Because it Subverted the Normal Legislative/Rule Making process. But that the Ban could/does server a Public Purpose. So tossing it Now could cause Harm.

So the Judge is giving the State a Chance to go thru Normal Channels. And if they Don't or Can't, the Ban would be Injuncted.

In Lay Terms, I think the Judge is say'n... Look, I know why you want to do a Ban. But you have used a Backdoor Method that runs counter to what the Statutory Requirements say you have to use.

So go back and Do It the way it is Supposed to be done. Or I'll Toss It.
Poifect! But my question is, can it be done in a week? What can we do to hinder it?
 

zoiDman

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Poifect! But my question is, can it be done in a week? What can we do to hinder it?

Can it be Done in a Week? I Don't think a Government Agency could decide on a Committee Lunch Menu in a Week.

LOL

But I am Unclear on Exactly what it would take to Make a State Regulatory "Rule"? So I guess we will just have to Wait and See what happens.

I would Keep my eye on CASAA site as well as the VTA web site to see if they have More Information.
 
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