Legal Resources for Tobacco Control Advocates

Legal Resources for Legal Resources for Tobacco Control Tobacco Control

AdvocatesAdvocates

Kerry Cork, Staff Attorney

Tobacco Control Legal Consortium

What Does LAW Have to Do What Does LAW Have to Do With It?With It?

Power of Law in Power of Law in Tobacco ControlTobacco Control

2004 article in British Medical Journal * Out of 10 major strategies for reducing

smoking in population, 8 involve legal action

Legislation, regulation or litigation

* Jamrozik, K. (2004) ABC of Smoking Cessation. 328 BMJ 759-62

Lawyers?Lawyers?

On the other hand . . . On the other hand . . .

Common Legal IssuesCommon Legal Issues

Preemption

Authority to regulate

Common Legal IssuesCommon Legal Issues

Constitutional challenges Equal Protection Substantive/Due

Process Takings Privacy

Other Common Legal IssuesOther Common Legal Issues

Employment

Housing

Disability

Tobacco Law CentersTobacco Law Centers

California

Minnesota

Michigan

Massachusetts

New Jersey

Maryland

Ohio

National network of seven legal centers Helps advocates and officials strengthen

tobacco control policies at local, state and national levels

Coordinated and staffed by Minnesota legal center

Affiliated Legal CentersAffiliated Legal Centers

Affiliated Legal CentersAffiliated Legal Centers

Who We ServeWho We Serve

Public health advocacy organizations Public health advocacy organizations and community coalitionsand community coalitions

Public health officialsPublic health officials Elected officialsElected officials City and county attorneysCity and county attorneys Private attorneys and individual Private attorneys and individual

citizenscitizens

Legal Consortium:Legal Consortium:Technical Legal AssistanceTechnical Legal Assistance

Field questions from around the country

Conduct behind-the-scenes legal research and writing

Interpret legal documents Prepare “friend of the court” briefs

Legal Technical AssistanceLegal Technical Assistance

Help in drafting legislation Provide policy / strategy

consultations Locate legal resources, precedents

and experts Train advocates and others on

issues of recurring legal concern

Online ResourcesOnline Resources

Wealth of useful information on websites Updates & overviews of key tobacco

cases Current news & legislative briefings Pertinent academic literature Compilations of tobacco-related laws

Tracking TOBACCO Laws:Tracking TOBACCO Laws:A Minnesota DigestA Minnesota Digest

Clear explanation of Minnesota’s tobacco laws

Explains relationship to federal laws, legal settlements

Online version connects to the laws themselves

Legal Consortium:Legal Consortium:Educational MaterialsEducational Materials

Legal synopses

Research studies

Legal Consortium:Legal Consortium:Educational MaterialsEducational Materials

Electronic newsletters

E-blasts