Posted on 5/31/2005, 12:27:14 PM by SheLion
Court strikes down portions of Maine anti-tobacco law
May 30, 2005
PORTLAND, Maine -- A federal judge has struck down portions of a Maine law designed to prevent youths from smoking.
U.S. District Judge D. Brock Hornby said that while Maine's statute is laudable and well-intentioned, it runs afoul of federal interstate commerce laws by impeding delivery services.
Maine's 2003 law requires procedures to verify that those who purchase tobacco by mail are old enough to do so. It was designed in part to prevent youths from ordering cigarettes online and also to assist the state in collecting taxes that would otherwise be unpaid.
Under the Maine law, the person to whom the tobacco products are addressed must be at least 18 years old and must sign for the package. If the buyer is under 27, a government-issued identification must be shown at the time of delivery.
After the law was enacted, United Parcel Service announced it would no longer make consumer tobacco deliveries in Maine because it would have to modify its procedures for one product. The New Hampshire and Massachusetts motor transport associations, and Vermont Truck and Bus Association, whose members include cargo carriers, sued.
In his 37-page ruling Friday, Hornby agreed that Maine's law forces UPS to vary from procedures it uses in its international delivery system, which can affect the prices of its service and interfere with the orderly flow of packages.
The judge agreed that states may regulate the delivery of contraband, but only if it does not "significantly affect a carrier's prices, routes or services."
Hornby noted in his ruling that he had denied a preliminary request to block enforcement of the state law, but "now I conclude that two of the three challenged state provisions cannot survive the broad pre-emptive language of the federal legislation" and two recent decisions by the 1st U.S. Circuit Court of Appeals.
The ruling traces federal pre-emption of interstate commerce to an 1887 law. While Congress has written into the law some areas that are exempt from federal pre-emption, the Maine Tobacco Delivery law "fits none of the exemptions," the judge wrote.
Congratulations to our United States Post Office for holding the line and respecting Federal law. Now, if our federal government would only stand up to the State Attorneys General too and defend our Constitutional rights.....
"Postal officials say that they are committed to fighting illegal activities conducted through the mail, but complain that their hands are tied. They note that Priority Mail, which officials say is most frequently used to ship cigarettes, cannot be inspected without a search warrant or the consent of either the sender or the recipient.
"Tobacco is a legal, mailable product," Mary Anne Gibbons, the Postal Service's general counsel, wrote last month in a response to the association of attorneys general. "It would be impracticable for postal acceptance clerks to make determinations on any given mailer's compliance with state excise or tax law or Jenkins Act filings."
Maine Ping!!!
Bump!
This is great news, but, think about this.
Stephanie Anderson, the Cumberland County DA, will prosecute to the fullest anyone one caught giving or selling a cigarette to anyone under 18, she will put you in jail for giving yur 18 year old a beer.
BUT
When it was brought to her attention trhee eyars ago that a 13 year old had had an abortion in Portland and that pph portalnd did not rep3ort it, she said: "Aboprtion is legal in Maine" and that was it, we could not get her to udnerstand that a 13 yr old did not get pregnantt by sitting on the toilet.
That the need for an abortion is prima facia evidence of sexual intercourse, something very illegal in maine when it involves a girl 12 or 13.
It starts at the polls my dear, it starts at the polls.
Jake
Good news!!!!!!!!!!!!!!
It sure tells you something when prosecuting adults for giving minors alcohol or tobacco is more important than prosecuting adults for child sexual abuse.........and that's not even getting into the abortion issue.
D,
This is great news, but, think about this.
Stephanie Anderson, the Cumberland County DA, will prosecute to the fullest anyone one caught giving or selling a cigarette to anyone under 18, she will put you in jail for giving your 18 year old a beer.
BUT
When it was brought to her attention three years ago that a 13 year old had an abortion in Portland and that pph portland did not report it, she said: "Abortion is legal in Maine" and that was it, we could not get her to understand that a 13 yr old did not get pregnant by sitting on the toilet.
That the need for an abortion is prima fascia evidence of sexual intercourse, something very illegal in Maine when it involves a girl 12 or 13.
It starts at the polls my dear, it starts at the polls.
Jake
Stephanie Anderson, the Cumberland County DA, will prosecute to the fullest anyone one caught giving or selling a cigarette to anyone under 18, she will put you in jail for giving yur 18 year old a beer.
Jake! I sure don't want the underage obtaining cigarettes, although alcohol has taken more teens lives in Maine then smoking ever will. But smoking is an adult venture. I am not for teens smoking, that's for sure. :)
BUT
When it was brought to her attention trhee eyars ago that a 13 year old had had an abortion in Portland and that pph portalnd did not rep3ort it, she said: "Aboprtion is legal in Maine" and that was it, we could not get her to udnerstand that a 13 yr old did not get pregnantt by sitting on the toilet.
Well, these people are ridiculous! They can have unprotected sex, drink, use foul language, but as long as they don't smoke, they are doing good. Insane!
That the need for an abortion is prima facia evidence of sexual intercourse, something very illegal in maine when it involves a girl 12 or 13.
It starts at the polls my dear, it starts at the polls.
The bad part about this is: most of the general non-smoking people in Maine have no idea what they are voting for when it comes to bans and smoking.
They feel that a forced ban by Maine government is a good thing, when in fact, Maine has lost many businesses because of this ban. Smoking sections and none smoking sections worked for everyone. But Maine government has taken over and if not giving anyone a choice.
And only 25-30% of Maine people smoke, we lose at the polls every time. I wish the non-smoking Maine people would realize that there is room enough for all of us. Smoking isn't for everyone, but for 25-30% of Maine people. it's legal and we enjoy it.
Give the business owner's back their right to choose!
Tobacco is now, "contraband"?
Here is where the state's mindset is going.
Be prepared.
The end game draweth nigh.
The road to Moscow is paved with good intentions, Commisar.
Tobacco is a legal commodity. Duh! Where did HE come in from!
Tobacco and cigarettes are NOT a contraband, you idiot Judge!
Cigarettes and tobacco are legal commodities!! Sour grapes Judge?!
Thanks Jake, but too late. I've already made an appointment for an eye exam. ;)
We lose more teens in alcohol related car wrecks in Maine then anything. They get drunk, drive and wrap their vehicles around trees. But by golly, as long as they don't SMOKE, all is well in Maine.
I can't believe the gall of these idiots.
I haven't seen any stats on how many teens are having abortions in this state. Must be too many because Maine is keeping this information under the rug.
But they will tell you in a heartbeat EXACTLY how many are smoking - even though they have absolutely no way of knowing that number, and do have access to the exact (or close) numbers in regard to abortions.
Right!
It's like all these telephone polls in Maine. No one ever called "me!" So how can these polls be accurate? They aren't.
Kind of a pain isn't it. I have to learn to leave my settings alone, every time I start playing with them something like this happens.
No evidence that she had that sexual intercourse in Maine, though.
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