Friday, January 07 2011
By: Glynn Loope, CRA Executive Director
The launch of The Cigar Network, here at the advent of the New Year, is the perfect time to communicate the now voluminous docket of known anti-cigar measures that will be confronted by Cigar Rights of America and other industry brethren in 2011.
As most cigar enthusiasts know, the period between 2007 and 2010 was not a period that anyone wishes to relive. Between SCHIP, FDA, and a national recession that placed tobacco taxation on the political radar screen as never before in history, it was a point in time when the cigar industry learned some valuable lessons. First, the political machine can never – ever - be turned off. Second, you have to build new alliances, from within and beyond the world of cigars in order to win. Thirdly, the bridge between consumer, retailer and manufacturer has to be strengthened, for the sake of defeating draconian legislative initiatives.
The opposition, however, is as organized as ever. They are well funded, have a communications machine second to none, and will stop at nothing short of prohibition. We too, as Cigar Nation, will have to perfect our strategy, organize ourselves, and from the streets of Tulsa , to the boroughs of New York City tell our message of liberty and tolerance for ‘our side of the story.'
2011 is already looking like a full slate year, and we have yet to receive many reports of tax measures being introduced at the state level. Early in the New Year, over thirty legislatures will convene, and tobacco tax increases will surely be front and center in far too many states. We will each know more about that within the next 30 days. However, on the proactive front, Cigar Rights of America will be assisting with efforts in Arkansas, Connecticut and New York on measures that will address cigar taxation.
On the issue of smoking bans, the opposition continues to be creative in its attacks on limiting the places one can enjoy a cigar. They always state “We're not trying to prohibit use, just not there.” Well, the there is getting harder to find, as you well know. There are signs of hope, however, so let's begin with some of the positive.
With new governors in Kansas and Wisconsin , that both publicly came out during their campaigns for changes in state smoking laws, there could be legislation to modify those existing statutes. There is a growing grassroots movement to support such actions, and this moment, because of one election, needs to be seized. Michigan , too, is prime for changes to their young smoking ban, with there being legislative support in each of these three states for change to smoking regulations.
Also on the positive news front, there has been legislation introduced in Illinois that would loosen the smoking regulations for casinos in the Land of Lincoln . There are two measures that have been advanced going into the 2011 legislative cycle that could address Illinois losing over a half-billion in gaming revenue, due to their prohibitive smoking ban. Speaking of gaming, you can anticipate legislation in South Dakota that will seek amendments to the new state smoking ban for Deadwood Gaming, due to the adverse (and quick) economic impact of the new state smoking ban.
CRA will also be following up on legislative language that was originally introduced last year in the Commonwealth of Massachusetts that would get rid of the ‘sunset provision' for the closure of Boston cigar bars, due to unilateral actions of the local health board.
The 2011 docket, though, is full for those seeking additional smoking regulation. The following are ‘front and center' in the national fight for protecting the simple ability to enjoy a cigar:
Indiana – Once again, Representative Charlie Brown has introduced a statewide smoking ban bill. Indiana Governor Mitch Daniels said he would sign such legislation. CRA will be supporting the efforts of the gaming (www.casinoassociation.org) and licensed beverage (www.indianalba.com) organizations in this battle. Strangely enough (though not unlike the Galveston, TX smoking ban issue) the Indiana Chamber of Commerce is supporting the ban. What happened to Chambers of Commerce being pro-business and anti-regulation?
Texas – Again, a statewide smoking ban will be introduced in Texas . CRA will be supporting the work of the Texas Cigar Merchant's Association (www.txcma.org) in this annual fight. Likewise, there will be statewide legislation introduced in Missouri , which will also be contested.
Kentucky – This week, a seriously flawed piece of legislation was filed in the Commonwealth of Kentucky, in the heart of one of our nation's great tobacco producers, that would impose strict new smoking regulations not only on bars and restaurants, but private clubs, as well. (This item added after original article.)
CRA will also be engaged with outdoor smoking ban issues in Delaware (Bethany Beach); Naples, Florida; Wrightsville Beach, North Carolina; and New York City. Outdoor bans, especially on public property are among the most difficult to win or amend, but several of these have promise for our side of the argument.
Additionally, there will be legislation in 2011 to offer greater (smoking) control at the local government level, as granted by the state in Oklahoma and Wyoming . CRA will oppose both. On the local government front, there will be measures in Lakewood, Colorado and Minneapolis, Minnesota that demand our attention – both of which could impact enjoying a cigar, in the confines of your local tobacconist. Also at the regional level, there is an effort for a multi-county area of Northern Kentucky for a ‘regional smoking ban,' that is meeting with resistance from some of the party local governments.
On the public policy front, there are several issues of prominence. We remain concerned about the new policy by the Health Department in Mobile, Alabama that penalizes establishments (bars/restaurants) that allow smoking, though they meet have a perfect record with their health department inspections. The policy allows inspectors to deduct points from an inspection for the very allowance of smoking, though there is no statewide smoking ban in Alabama. This type of arbitrary policy should be challenged.
CRA remains engaged and concerned about the pending tobacco control policy in Buffalo, New York. This proposal would impose sweeping new fees, advertising and marketing restrictions, zoning restrictions (on where tobacco can be sold) and related enforcement and local control steps that set a horrid national precedent for local tobacco policy. It does not discriminate between cigarettes, smokeless and cigars, and would add a level of burden to local shops that comes on the heals of new state taxes that further threaten the livelihood of the local retail tobacconist. It has to be defeated, or seriously changed.
At the national level, cigar enthusiasts have to remain engaged on the issue of FDA regulation of tobacco, and cigars specifically. On a weekly basis, CRA and associated national trade groups, monitor the actions of the U.S. Food and Drug Administration – Center for Tobacco Products. Since the agency posted on April 26, 2010 (and again on December 20, 2010) that cigars were in their regulatory crosshairs, we each have to remain vigilant in this effort. The wisdom of having a consumer-based movement for cigars will surely come to light when the call for public comment is made for any such regulatory measures for cigars.
As you can see, the agenda is full, and all of the items that need to be addressed for Cigar Nation have yet to come to light. As the New Year unfolds, additional tax, regulatory and associated nanny-state policies will have to be fought, and defeated. Fortunately, as noted here, we have some opportunities to support some bills this year, too.
This, however, is a process and fortunately politics goes in cycles. Over the last twenty-four months, smoking bans have been reversed and tax measures have been defeated. It's not universal, but indicative of what can happen across this nation. Let's work together in 2011 for a brighter day, for this passion of a great cigar that we share.
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