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Tobacco Control Tobacco Control Efforts in the State Center in Washington, 23(4) Seattle of Washington

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Tobacco Control Tobacco Control Efforts in the State Center in Washington, 23(4) Seattle of Washington LEGAL RESOURCES FOR TOBACCO CONTROL Compiled by: California Attorney General’s Office Technical Assistance Legal Center Action on Smoking and Health University of Maryland School of Law Massachusetts Association of Health Boards Massachusetts Municipal Association Tobacco Control Resource Center Smoke-Free Environments Law Project Tobacco Law Project, William Mitchell College of Law Technical Assistance Legal Center A Project of the Public Health Institute November 2001 LEGAL RESOURCES FOR TOBACCO CONTROL LEGAL RESOURCES FOR TOBACCO CONTROL Special thanks to contributing tobacco control attorneys: Dennis Eckhart; California Office of the Attorney General Marice Ashe, Randolph Kline and Leslie Zellers; Technical Assistance Legal Center John Banzhaf; Action on Smoking and Health Robert Percival and Michael Strande; University of Maryland School of Law Melinda Calianos, Graham Kelder and Cheryl Sbarra; Massachusetts Association of Health Boards D.J. Wilson; Massachusetts Municipal Association Christopher Banthin, Sarah Curi, Richard Daynard, Mark Gottlieb, Robert Kline, Kevin Kroner, Lisa Mui, and Edward Sweda; Tobacco Control Resource Center James Bergman and Cliff Douglas, Smoke-Free Environments Law Project Douglas Blanke and Susan Weisman, Tobacco Law Project, William Mitchell College of Law Thanks also to other contributors: California Department of Health Services, Tobacco Control Section for providing conference call services for the organizing meetings. Tobacco Prevention and Control Consortium (TPACC) for fund- ing the graphic design and printing. Kelly Reyes for providing data entry and management. Technical Assistance Legal Center A Project of the Public Health Institute November 2001 This publication was made possible, in part, by funds received from the Tobacco Tax Health Protection Act of 1988 – Proposition 99 – through the California Department of Health Services, under contract # 99-85069. i DEAR TOBACCO CONTROL ADVOCATE: An emerging network of tobacco control attorneys from throughout the United States has compiled this unique guide, Legal Resources for Tobacco Control, for use by the tobacco control community. Our hope is that the guide supports your advocacy efforts by providing the legal analyses and defenses you will need to succeed. These resources are not presented as a substitute for community organiz- ing efforts. Legal tools are most powerful when they support, not replace, a broad based community effort. Focus of the Guide: The guide primarily provides legal resources for public policy initiatives. Some of the resources are applicable to individuals and private litigants, but the main focus of the guide is on legal tools to change the social norms regarding smoking and tobacco use. The sections of the guide regarding litigation mostly address how litigation is used to force changes in the tobacco industry. How to Use the Guide: The guide is divided into two sections. Each section provides a list of resources with a brief description of the resource and an indication if the resource is intended for a municipal attorney (MA), lay audience (LA), tobacco control advo- cate (TC), or elected official (EO); and whether it addresses state law (SL) and/or federal law (FL) issues. Section I provides a list of resources by organization. It is first organized alphabetically by state. Within each state the list is alphabetized for each legal technical assistance center within the state. Contact information is provided for each center, and a list- ing of that center’s publications and other resources is provided by subject area (advertising, secondhand smoke, litigation, etc.) Section II provides a list or resources by subject area. The subject areas are alphabetized and a listing of all the legal resources for that subject is provided. The list indicates which technical assis- tance center developed the resource. The reader can obtain the contact information for the center in Section 1. As you will see, not every state has a center devoted to legal assis- tance for tobacco control advocates. If you are in a state without such a center, some of the resources developed by the listed organi- zations may be helpful to you. Even the resources relating to the laws of another state should be useful models from which to begin a legal analysis applicable to your own state’s laws. You can find an electronic version of this guide on a password pro- tected website at http://ntcp.forum.cdc.gov . We hope the guide meets your advocacy needs! On behalf of the contributors to this guide, Marice Ashe, JD, MPH Program Director, Technical Assistance Legal Center ii OTHER RESOURCES The following individuals and organizations have developed legal expertise in addition to the resources listed in the remainder of this guide. Please contact them in their areas of expertise as listed in the chart below. California Stephen Sugarman Professor Sugarman is available to talk with law profes- Professor of Law sors and others about starting or working with a legal Boalt Hall School of Law technical assistance center. He is the chairperson of the University of California at Berkeley Legal Team working with the Technical Assistance Berkeley, CA 95720-7200 Legal Center (TALC). Steve has edited a new book in Phone: (510) 642-0130 conjunction with Robert Rabin, Regulating Tobacco, Fax: 643-2672 (Oxford University Press 2001). [email protected] District of Columbia Anne Marie O’Keefe, Ph.D., J.D. Anne Marie O’Keefe is an expert at applying Policy and Media Advocacy Specialist communication skills, research, legal and policy Academy for Educational Development analysis, public and media relations, and extensive 1825 Connecticut Ave., N.W. experience in management, training, and advocacy Washington, DC 20009 toward solving important health problems. Her legal Phone: (202) 884-8956 specialties include: restrictions on the use of federal Fax: (202) 884-8713 funds (FASA); permissible advocacy activities; and tax [email protected] guidelines for nonprofits. Oregon Sarah Rosenberg, JD Sarah Rosenberg directs a resource for community Oregon Department of Human Services school programs, school policy programs, comprehensive Health Services cessation program including Quit Line services, and Tobacco Prevention and Education Program health care provider 5 A’s training. Web-site for the 800 NE Oregon, Suite 730 program is at www.oshd.org/tobacco links to many Portland, OR 97232 resources related to public policy developments. Phone: (503) 731-4273 [email protected] Wisconsin Brion J. Fox, J.D. Brion Fox is a trained attorney and a tobacco scientist. Assistant Scientist He has been an active member of the legal team of the Center for Tobacco Research and Intervention California Technical Assistance Legal Center since its University of Wisconsin Medical School inception. Mr. Fox both researches and consults on 1930 Monroe St., Suite 200 translating tobacco science into law and the public Madison, WI 53711 health implications of tobacco regulation. Mr. Fox also Phone: (608) 262-3894 works on issues related to ethics and tobacco control. Fax: (608) 265-3102 Email: [email protected] iii BY PROJECT CALIFORNIA Office of the Attorney General . .1 Technical Assistance Legal Center . .3 DISTRICT of COLUMBIA Action on Smoking and Health (ASH) . .8 MARYLAND University of Maryland School of Law Legal Resource Center for Tobacco Regulation, Litigation, and Advocacy . .9 MASSACHUSETTS Massachusetts Association of Health Boards . .10 Massachusetts Municipal Association Tobacco Control Technical Assistance Program . .15 Tobacco Control Resource Center . .17 MICHIGAN Smoke-Free Environments Law Project The Center for Social Gerontology, Inc . .36 MINNESOTA Tobacco Law Project . .40 Key: MA = Municipal Attorneys, LA = Lay Audience, TC = Tobacco Control, iv EO = Elected Official, SL = State Law, FL = Federal Law CALIFORNIA Office of the Attorney General Contact person Dennis Eckhart Senior Assistant Attorney General Tobacco Litigation & Enforcement Section P.O. Box 944255 Sacramento, CA 94244-2550 Phone: 916-323-3770 Fax: 916-323-0813 Email: [email protected] Website: www.caag.state.ca.us/tobacco Geographic area of focus State of California Number of attorneys 9 Number of other staff 4 Year started 1998 Funding: MSA N Funding Tobacco Tax N Other Funding State General Fund Access to publications Website Snailmail Email Fax YYYY Organization Focus The Tobacco Litigation & Enforcement Section of the California Attorney General’s Office focuses primarily on enforcing the terms of the 1998 Master Settlement Agreement in California. The sec- tion also defends court challenges to the MSA and STMSA, moni- tors the MSA payment process, oversees the state escrow agree- ment, by which eligible counties and cities share in MSA pay- ments, and enforces other California consumer protection laws related to tobacco promotion and marketing. PUBLICATION TITLE DESCRIPTION LITIGATION 1) Various MSA enforcement complaints, 1) This website is updated periodically and includes court settlement agreements, and amicus briefs actions filed by the State of California against signatories are available on the Attorney General’s to the MSA and settlements or court orders that result Tobacco Info web page. from such actions. See www.caag.state.ca.us/tobacco Target Audience & Type of Law MA LA TC EO SL FL YYYYYY Key: MA = Municipal Attorneys, LA = Lay Audience, TC = Tobacco Control, 1 EO = Elected Official, SL = State Law, FL = Federal Law CALIFORNIA MASTER SETTLEMENT AGREEMENT
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