Maine: State appeals Tobacco Delivery Law ruling

bangordailynews.com ^ | 7-23-05

[SheLion]

AUGUSTA - Maine Attorney General Steven Rowe said Friday that he has appealed a federal judge's decision that invalidated a significant portion of a 2003 state law aimed at preventing youth access to tobacco from Internet and mail-order sales.

Maine's law required 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.

U.S. District Judge D. Brock Hornby said that while Maine's statute was well-intentioned, it ran afoul of federal interstate commerce laws by impeding delivery services.

Rowe disagreed with Hornby's conclusion.

"We believe that the states have well-established powers to adopt laws that keep youth from smoking," Rowe said Friday. "While we would welcome a federal law that accomplished the same goals as the Maine law, we do not believe that the people of Maine should have to wait for Congress to muster the courage to enact similar legislation."

Maine is one of 16 states that have passed laws restricting home delivery tobacco sales.

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, UPS announced it would no longer make consumer tobacco deliveries in Maine. UPS was joined by members of regional motor transport associations in challenging the law in U.S. District Court.

On May 27, Hornby ruled that states can regulate contraband only if it does not "significantly affect a carrier's prices, routes or services."

His ruling traced 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.

[SheLion]

I'd like to know what other "16" states Rowe is talking about.  Some states are trying to collect taxes from Internet cigarette sales when an online vendor turns in his customer list.  Some states in New England have tried to stop mail order delivery of tobacco products but there surely isn't "16" states in New England.

And if parents aren't home to monitor their credit card usage by their teenager, and if the parents aren't home to monitor the teens package delivery's to the home, who's fault is that?  It sure isn't our fault!

And just an FYI:  I still have tobacco delivery's to my home.  So who is kidding whom?

[SheLion]

Maine Ping

[biff]

Let's just cut to the chase. This has absolutely nothing to do with underage tobacco buyers but has everything to do with uncollected taxes. The states are livid over the revenue losses and this crap will spill over to other internet purchases.

If they were concerned about teenagers getting their hands on tobacco all they need to do is drive around high schools before and after classes. Cops could be writing tickets for hours.

[SheLion]

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.

Maine: Court strikes down portions of Maine anti-tobacco law.

[Dr.Syn]

Damn am I sick of the government in my face at every turn.

[SheLion]

If they were concerned about teenagers getting their hands on tobacco all they need to do is drive around high schools before and after classes. Cops could be writing tickets for hours.

You are exactly right.  And this business of "it's for the kids" makes me want to throw up!

[SheLion]

Damn am I sick of the government in my face at every turn.

Isn't this awful? And this has 'nothing' to do with Homeland Security.

[TomGuy]

state law aimed at preventing youth access to tobacco from Internet and mail-order sales

But, Judge, it is for the cheeeeeeeeldren!!!!

[Yeh, right, and more tax revenue by forcing people to buy in-state.]

[TomGuy]

Maybe this ruling will set a judicial precedent and stop other states from trying to impose similar laws against Internet and mail-order purchases.

[Gabz]

I'd like to know what other "16" states Rowe is talking about.

I don't know what states he's talking about, but it seems that everytime my husband gets a new catalog from his cigar supplier there are more states listed where they will not ship their products.

[Gabz]

....more tax revenue by forcing people to buy in-state.]

That is ALL this is about, nothing else.

[Mr Ramsbotham]

U.S. District Judge D. Brock Hornby ...

Anyone with a name like D. Brock Hornby is allright in my book.

[SheLion]

[Yeh, right, and more tax revenue by forcing people to buy in-state.]

Tom, Maine just doubled the taxes on cigarettes starting in September. ($2.00 dollars a pack).  So the state is even going to realize LESS revenue.  What a bunch of putzes!

[SheLion]

Maybe this ruling will set a judicial precedent and stop other states from trying to impose similar laws against Internet and mail-order purchases.

The Maine lawmakers are nit picking 25-30% of the people in Maine who choose to use a legal commodity and I am sick of it!

[SheLion]

I don't know what states he's talking about, but it seems that everytime my husband gets a new catalog from his cigar supplier there are more states listed where they will not ship their products.

I wish I could find a list. I know some states in New England are trying this, but there sure isn't 16 states to New England!

[SheLion]

Anyone with a name like D. Brock Hornby is allright in my book.

He has a neat name.

[Gabz]

I can't find the latest catalog....as soon as he gets home from work I'll ask him to dig it out and I will list the states where this company won't ship.

And of course he is not talking about 16 states in New England........because everyone knows there are not 16 states in New England to begin with - these pols just crack me up.

One of the states where this company won't deliver is Delaware, and Delaware is definitely not in New England :)

[SheLion]

I don't know what states he's talking about, but it seems that everytime my husband gets a new catalog from his cigar supplier there are more states listed where they will not ship their products.

Well, I don't know who is kidding who here, but I still get my tobacco products delivered to my home and I don't have to sign for anything.  Of course, they know that there are no kids here.  But I live in the northern part of Maine.  And I still get my delivery's.

And even thought I just order tubes and loose tobacco, how does anyone know that the case doesn't include cartons?

[SheLion]

One of the states where this company won't deliver is Delaware, and Delaware is definitely not in New England :)

That's about the only thing lucky for Delaware! LOL! That it's not part of New England. :)

[Gabz]

LOL!!!!!!!!

It might just as well be, though - they have the same type mentality.....which is understandable since so many are from there.

I was so furious with one legislator a few years back that I actually told him to go back where he came from, but he said he didn't like the political climate there and so would stay in Delaware. I never got an answer from him when I asked since he didn't like the political climate of his homestate why was he trying to turn Delaware the same way. He is orginially from Maine :)