Philadelphia BANS CIGARS (SORT OF)

[RJT]

From Cigar._____ Newsletter

January 23rd, the mayor of Philadelphia signed into law an ordinance which in effect imposes an almost absolute ban on cigar sales in the city, effective immediately – although there is no indication when it will begin to be enforced. The measure will be challenged in court by the Cigar Association of America, a group of manufacturers and retailers and the Pennsylvania Distributors Association.
Defined as "drug paraphernalia", sales of the following products are banned: cigars sold singly, flavored cigars known as "blunts", unflavored "blunts", flavored and unflavored blunt wraps, cigarette rolling papers, cigarillos, and tiparillos. The ordinance does not define "blunt", which is a long-recognized shape of cigar.

While the stated purpose of this ordinance is to combat drug use in the city and curb the sale of tobacco products to minors, the ordinance does the following:

• Bans the sale of "flavored" cigars by any establishment anywhere in the city, even though it never defines the term "flavored".

• Bans the sale of cigars within 500 feet of any "school, recreation center, day care center, church or community center". This in essence bans cigar sales in more than 75% of specialty tobacco stores in the city and eliminates cigar sales in almost 75% of the general retail stores that are permitted to sell cigars

• Bans the sale of single cigars by any retail business except that hotels, certain restaurants and specialty tobacco shops are allowed to sell individual cigars in "small quantities" – a term which is not defined.

Clearly the ordinance is unlawful on several grounds, including pre-emption by multiple state laws for it conflicts with the Pennsylvania Drug Paraphernalia Act, and is expressly prohibited by state laws regarding the sale of tobacco products to minors. At this time, the lawsuit and a motion for preliminary injunction is expected to be filed early next week. In the meantime, we understand that the Wawa chain had already pulled product from their shelves in anticipation of the mayor signing the ordinance.

As days pass, more and more individuals are being stripped of their freedom to enjoy a fine cigar. Additionally, more establishments are being stripped of their right to cater us as cigar enthusiasts. These movements are an unconstitutional infringement on our rights as American citizens. The progression toward a smoke-free country has now hit close to home for Pennsylvania residents, an idea that will soon become a reality, unless we act together and stand up for our rights. To be in a situation where a tyrannical government arbitrarily decides to shut down a legal class of business just because it wants to, is akin to banning Louisville Sluggers because they are capable of killing someone. Our forefathers dumped tea into Boston Harbor for less. I urge you to contact your elected officials today.

[LiteHedded]

banning singles and flavored cigars sounds like they're trying to cut down on phillie blunts
cigars people roll blunts with

[Timberlake2006]

Originally Posted by LiteHedded

banning singles and flavored cigars sounds like they're trying to cut down on phillie blunts
cigars people roll blunts with

Thats what it sounds like to me, and I feel no matter what they are targeting that it is a bad law... I hate any sort of tobacco legislation... who knows whats next

[Siamang]

As a resident in one of the seedier areas of Philly, I wish they would spend less time with ridiculous measures like this and more energy focusing on dealing with the truly destructive drugs like meth and crack. I pass probably a dozen methheads on the way to and from work ever day.

Wikipedia has a pretty accurate entry on the ban. I still see Philly Blunts sold at every single convenience store.

[jkim05]

Originally Posted by Timberlake2006

Thats what it sounds like to me, and I feel no matter what they are targeting that it is a bad law... I hate any sort of tobacco legislation... who knows whats next

that may be a little bit of reductio ad absurdum...
understandable fear though.

[LiteHedded]

Originally Posted by Siamang

As a resident in one of the seedier areas of Philly, I wish they would spend less time with ridiculous measures like this and more energy focusing on dealing with the truly destructive drugs like meth and crack. I pass probably a dozen methheads on the way to and from work ever day.

Wikipedia has a pretty accurate entry on the ban. I still see Philly Blunts sold at every single convenience store.

they still sell singles?

[papajohn67]

You got to be kidding. What's next, ban matches and lighters in the name of fighting drugs?

[Bubba -NJ]

Originally Posted by papajohn67

You got to be kidding. What's next, ban matches and lighters in the name of fighting drugs?

Maybe they'll ban metal spoons next so heroin addicts can't cook their poison and the rest of us honest citizens have to eat our soup with a plastic spoon .

[Ceedee]

Originally Posted by Bubba -NJ

Maybe they'll ban metal spoons next so heroin addicts can't cook their poison and the rest of us honest citizens have to eat our soup with a plastic spoon .

Maybe they should ban the sale of matches or lighters. Heck, don't stop there, ban fire!

[tippytwo]

Originally Posted by LiteHedded

banning singles and flavored cigars sounds like they're trying to cut down on phillie blunts
cigars people roll blunts with

I bet that's exactly why they are doing it. Really a shame that people who roll blunts impacts us cigar smokers.

Originally Posted by Ceedee

Maybe they should ban the sale of matches or lighters. Heck, don't stop there, ban fire!

Go to the root of the source of all evil...I propose a ban on AIR!

[icehog3]

Ban Everything!

[thunderbucks]

This is absof*ckinglutely ridiculous. I too, first off, am against almost any sort of tobacco legislation. I can understand their thinking behind this one...but to what extent will we go to protect "ourselves" from petty things? I could *tough swallow* deal with banning machine made cigars and the like.

But nonetheless, this is asinine. If they truly wanted to prevent marijuana usage, they would first ban the sale of metal/glass pieces along with bongs. I bet more bongs and glass pipes get used for pot than do Phillies.

[Genevapics]

Originally Posted by Ceedee

... Heck, don't stop there, ban fire!

Classic...

[baglorious]

I'd be embarrassed if I previously supported the mayor.

A few basics:

(1) I (we) support the fight against drugs.

(2) Doing really, really, really stupid things in the name of the "fight against drugs" is, well... really, really, really stupid. This is the most idiotic measure I've heard of that purports to be a tool used in the fight against drugs. It will, quite literally, have ZERO effect on the marijuana use in the city. I say that confidently. It won't make ONE FRIGGING BIT of difference. Why? FOR ABOUT TEN REASONS. I'll name a few. Rolling papers will still be around. The cigars will still be around. OTHER, NON-BANNED CIGARS WILL STILL BE AROUND (like, a PACK of Swishers, or whatever else that still costs a whopping $1.99).

Honestly, mayor... do you really think this ordinance will have an effect? Really?

Really???

(3) MARIJUANA IS ALREADY FRIGGIN' ILLEGAL!!! SERIOUSLY!!! YOU ALREADY HAVE A LAW THAT COVERS THE USE OF MARIJUANA!!! AND YOU PROBABLY ALREADY HAVE A SEPARATE LAW FOR PARAPHERNALIA.

(4) It will hurt legitimate businesses, and ONLY legitimate businesses. Already existing cigar retailers, in particular, are going to have problems and incur costs (legal fees) either fighting the ordinance, having to pay some fines (or whatever) until they actually figure the ordinance or some legal fees to have their lawyers advise them on what it means and whether they should worry about it. Drastically... it "might" cause some folks to shut down or move. The law defining "school" usually includes day care facilities and parks (which means about 80% of the city is within 1000 ft of a "school"). THE ONLY PEOPLE THIS WILL HURT WILL BE THE RETAILERS. Seriously... is that your goal, mayor, TO HURT COMMERCE IN YOUR OWN CITY??? WHILE YOU ARE IN OFFICE???

(5) Even this is of little value, but If you MUST do something to stop people from selling single "blunt" cigars as marijuana/drug paraphernalia at convenience stores, craft an ordinance that says something like "businesses cannot sell any items with the intent of marketing those items as drug paraphernalia, whether or not the items have other legitimate uses." That will at least keep the Kwik-E-Mark from having a table with single cigars, chore-boy pads, glass tubes, zig-zags, forceps, marijuana bumper stickers, Pink Floyd albums (zing!) and such. Though it wouldn't "stop" the sale of single cigars, it would, more importantly, at least "seem" to be limited to addressing the problem, and wouldn't harm legitimate retailers... oh, and an ordinance like this would also not be plainly contrary to state and constitutional law.

I usually don't get honked off about crap like this, but the sheer stupidity of the mayor (and councilmembers who may have supported it) is astounding. This shows a complete lack of understanding by the mayor for the actual drug problem. Doing something so incredibly ineffective and stupid to make it seem like you're "tough on drugs" makes you look like a moron with no grasp on the real problem. I gotta think some of his supporters and staff must be embarrassed about this. (They should be.)

Next, he should propose legislation that everyone should be required to wear a "Just Say No" t-shirt, at least once a year, or be fined. That too, will effectively combat Philly's drug problem! We've got to hit it from all angles!

[baglorious]

Heh... I just thought of something. Holt's is in Philly, no?