Rules for E-cigarettes eyed - Northampton
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Time to gather all those who live close and attend the meeting. I believe there is info you can print out on the CASAA website.
Gather a few email address and I'd be more than happy to email them---don't know how much it will do though.
Gather a few email address and I'd be more than happy to email them---don't know how much it will do though.
For anyone attending the meeting, CASAA has put together a legislative packet explicitly for attempted indoor bans: http://www.casaa.org/files/CASAA_Legislative_Packet_Regarding_Indoor_Bans_Web.pdf
Please print it out and take it with you or better yet - someone in the area should drop multiple copies off BEFORE the meeting!
Do we know if any area members can attend??
Please print it out and take it with you or better yet - someone in the area should drop multiple copies off BEFORE the meeting!
Do we know if any area members can attend??
Well done, all who made the effort to attend and speak. The news coverage seems pretty positive.
- Apr 2, 2009
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The folks testifying at the hearing were e-cigarette consumers advocating for e-cigarettes, not smokers advocating for cigarettes.
Kristin knows that, but the Health Department was looking at this as an expansion of their war on smoking. Kristin's point, I believe, was that up until now, the "opposition" has been meekly silent.
Mobile, AL is proposing a 4 pt automatic deduction on health rating and many bars and restaurants are already gearing up to ban smoking starting October 1st.
Mobile health department considers penalties for restaurants that allow smoking | al.com
The Health Department is attempting to implement law that doesn't exist. Their "law" has not been passed by the legislature. It's time for the restaurant owners to hire a lawyer. They might get an opinion from the state AG regarding whether the Health Department is overstepping its authority.
Well, technically Elaine, they are only dealing with a city-level regulation (proposing to amend an existing one), and in MA it appears that localities can delegate such powers to local boards of health. So on the face of it, it does not seem like they are exceeding their powers (unlike in VA, where the State Health Dept. was clearly exceeding its powers in misinterpreting statewide legislation).
Nonetheless, as with any level public use ban on e-cigs, whether local or statewide, I think such regulations or ordinances might well be challengeable in a court, on the grounds that they lack sufficient scientific grounding to amount to a rational or reasonable basis, or in other words, a substantive due process challenge. Of course, such a challenge would/will be much more likely to succeed if we had the results of studies such as the IVAQ study we're trying to get funded.
Nonetheless, as with any level public use ban on e-cigs, whether local or statewide, I think such regulations or ordinances might well be challengeable in a court, on the grounds that they lack sufficient scientific grounding to amount to a rational or reasonable basis, or in other words, a substantive due process challenge. Of course, such a challenge would/will be much more likely to succeed if we had the results of studies such as the IVAQ study we're trying to get funded.
Exactly, Elaine!
There's a comedian who does a bit in New York where he lights up on stage and when the audience let's out a collective "Ooooo!" he says, "What? You guys were all at Yankee Stadium when you should have been down at city hall fighting for your right to smoke!"
I'm not saying that the indoor bans are wrong for smoking, just that nicotine users (smokers) haven't exactly fought en masse for their "right" to smoke, which is understandable, considering we know it's a dangerous practice.
However, those against ecigs treat us the same as smokers, not understanding that ecigs AREN'T dangerous and that we believe they are lifesavers. They think we'll roll over and give up as easily as the smokers (which they believe we are) did.
Not gonna happen!
- Apr 2, 2009
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It's the Northampton Board of Health, not the Northampton Health Department, that has proposed a Health Regulation (which is legally different than a local ordinance (although the Health Department's director works closely with the Board of Health).
In many states (especially MA), Boards of Health are authorized by state law to enact Health Regulations.
In many states (especially MA), Boards of Health are authorized by state law to enact Health Regulations.
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