Threats of Law Suits in Kentucky over E-cigs in Smoking Bans

[Vocalek]

E-cigarette users in two counties in Kentucky have had enough.

In Bullitt County,

But users of e-cigarettes are plaintiffs in a lawsuit against the Bullitt County Board of Health. Some, like Tony Thompson who has used e-cigarettes for six months, tell me they feel burned by the new rules.

"There's a little red light on the end here that lights up so it looks like a cigarette," Thompson said as he showed his e-cigarette. "It gives you the feel of a cigarette, but, again there's no second hand smoke. The only thing that you're inhaling is water vapor."

Second hand smoke is one of the reasons the Bullitt County Board of Health voted to ban smoking in public places, a ban that includes e-cigarettes.

The FDA has raised concerns over the device including a possible increase in addiction among children along with the device's possible toxic ingredients.

"Second hand smoke is a known carcinogen," said Cynthia Brown, with the Bullitt County Health Department. "The EPA has classified it as such, so we're trying to protect the public from this known hazard."

Thompson is part of a lawsuit against the Board of Health over its proposed smoking regulation.

Inclusion of E-cigarette in smoking ban has some users feeling b - WAVE 3 News - Louisville, Kentucky

And in Madison County:

RICHMOND — “We’ll see you in court,” angry audience members yelled Wednesday night as they left a Madison County Health Board meeting.

“You sorry people can’t run Madison County by yourself,” one woman said on her way out of the meeting. “I thought the board of health was supposed to educate, not legislate.”

The board had just voted 8-1 to include devices known as e-cigarettes in it regulations that ban smoking in indoor public places.

“Hold on,” one man called out, when the board moved on to the next item on its agenda. “We’d like to speak. We thought this was America.”

E-cigarettes included in county smoking ban » Local News » The Richmond Register

 

[Demarko]

I had started a similar thread, but I'll post here and hope the other gets deleted.

I thought this warranted it's own thread, since I have some thoughts and questions. I imagine people facing board of health bans will be watching this VERY closely across the country, because if the BoH folds and just strikes that language... or fights it and loses... or fights it and wins will determine how it might play out in other areas across the country.

I'm wondering if there's any sort of contact info for the people fighting it, and if so, if it might not be a good idea to support them in some way? Donations for legal fees, what have you.

 

[Demarko]

I'm very hopeful about this - and really would like to support. I'm glad to hear casaa is on the case with information! Hopefully we can get the information about the people involved and get things in order. There's a ban here in one county in Washington, and sort of one in a city, and I'm hoping that the domino effect can work in reverse, too!

 

[Vocalek]

Oops. I responded to that question in the other thread. Yes, I contacted the reporter in the Bullitt County story and he has passed on my contact information to the attorneys on the case.

Hopefully the folks in Madison County will follow through. Wonder if the attorneys in the Bullitt County case could also run the case for Madison county.

And yes, I do believe that if one or two of these suits succeed in making the Health Departments look foolish (which they are), then the rest of the health departments across the country will back off.

 

[dee5]

I'm willing to make a small donation to help them pay lawyers fee's. If we all pitch in it would be easier and we'd only be helping ourselves in the long run.

 

[Demarko]

I'm willing to make a small donation to help them pay lawyers fee's. If we all pitch in it would be easier and we'd only be helping ourselves in the long run.

That's my thought! First domino to fall will help us all in the long run! (And I bet other attourney's will will they'd thought of this if enough rolls in ha!)

 

[Bill Godshall]

Before discussing lawsuits, I suggest we first obtain a copy of any lawsuit that has been filed, and evaluate its merits.

 

[DC2]

I'd make a donation to help with any legal fees.

 

[JustJulie]

I'm willing to make a small donation to help them pay lawyers fee's. If we all pitch in it would be easier and we'd only be helping ourselves in the long run.

That's my thought! First domino to fall will help us all in the long run! (And I bet other attourney's will will they'd thought of this if enough rolls in ha!)

I'd make a donation to help with any legal fees.

Me, too.

Before discussing lawsuits, I suggest we first obtain a copy of any lawsuit that has been filed, and evaluate its merits.

Honestly, I don't care if it's a winning argument . . . I'm still willing to contribute. If nothing else, it might bring some more publicity to our cause.

 

[Jazzgiz]

I'll try and keep my eyes and ears open. Any suggestions?

 

[DC2]

Before discussing lawsuits, I suggest we first obtain a copy of any lawsuit that has been filed, and evaluate its merits.

Rather than obtain a copy of the lawsuit, let's help write the lawsuit.

 

[Demarko]

I know there's the regular "donate to casaa", but maybe there should be some discussion of also having a separate legal fund? Obviously it's very early to talk about, or if these cases would even qualify is a totally different matter, but maybe it's something worth having in the backs of minds.

 

[ancient puffer]

I just made a donation to CASAA. I think they are our best hope and fighting the attempts to take away our vaping rights.

 

[bruiser]

For those wondering where Bullitt County might be, it is the next county south of Jefferson County. Louisville is in Jefferson County. This has been in the news for a few weeks. I should have posted something about it. It seems as if what the lawsuit might be based on is the Bullitt County Board of Health is not a legislative body, and should have gone through the County legislative process. Unfortunately, there is now talk in Louisville of trying to ban e-cigs under the no smoking ordinances.

 

[rothenbj]

When the county in Washington BoH proposed, the approved their regulation I foresaw this as a model for future bans. They don't need to get legislation approved, the ?non-profit?"health" associations can work invisibly in the background and they have the votes committed prior to public announcements. Regulations outside legislation will remain the game plan unless someone beats them down and lawsuits aren't cheap.

 

[Demarko]

When the county in Washington BoH proposed, the approved their regulation I foresaw this as a model for future bans. They don't need to get legislation approved, the ?non-profit?"health" associations can work invisibly in the background and they have the votes committed prior to public announcements. Regulations outside legislation will remain the game plan unless someone beats them down and lawsuits aren't cheap.

Exactly right. And they disguised the one in Washington as a clause in the one banning it for sale to children. Thanks to the efforts of casaa, it almost got amended - and should have, in reality, since the actual vote was 4-2 to amend, but the 2 that voted against were members with 3 votes each. Or something along that vein.

Now, other BoH are using the Washington decision as a basis for their own. Which doesn't include sales to minors. So, they are building a house of cards. One that, together, I believe we should be able to topple.

 

[Vocalek]

Yes, and another place where they were underhanded was in Springfield MO, where the text that was put on the ballot regarding a smokinb ban said nothing about e-cigarettes; but e-cigarettes were included in the definiton of smoking in the council bill. That issue was put on a ballot by collecting 1200 signatures on a petition.

 

[Demarko]

Yes, and another place where they were underhanded was in Springfield MO, where the text that was put on the ballot regarding a smokinb ban said nothing about e-cigarettes; but e-cigarettes were included in the definiton of smoking in the council bill. That issue was put on a ballot by collecting 1200 signatures on a petition.

When I really sit and think about the huge amount of money that I've saved by not smoking ... and how much it would cost me if I was forced to go back to it.... I think I need to dig a little deeper into my casaa donations. And, I suspect, once more and more vapers realize this they will do the same.

 

[DC2]

When I really sit and think about the huge amount of money that I've saved by not smoking ... and how much it would cost me if I was forced to go back to it.... I think I need to dig a little deeper into my casaa donations. And, I suspect, once more and more vapers realize this they will do the same.

I wish I had your faith in our fellow vapers.

 

[Demarko]

I wish I had your faith in our fellow vapers.

Hehe well, I didn't say a LOT but some anyway. Would be nice, if people stopped and thought about how much money they stand to LOSE if they do become banned.