Buffalo Lawmakers Work to Restrict Tobacco Sales

City may get aid to curb tobacco; fund planned to help fight legal challenges.

January 11, 2011

BUFFALO, NY - An intensive effort by Buffalo lawmakers is underway to regulate and restrict tobacco sales in the city, with anti-smoking groups from across the country preparing to establish a legal defense fund to help the city fight expected court battles if the tougher anti-smoking law passes, the Buffalo News reports.

The events would make Buffalo a national battleground for anti-smoking legislation that limits the sale and marketing efforts of tobacco companies. And attorney Dennis Vacco, who played a role in a national tobacco settlement in the 1990s, said his law firm, Lippes, Mathias, Wexler and Friedman, would help fight any ensuing litigation at "substantially discounted rates."

Vacco is a former state attorney general and a key figure in a $206 billion national tobacco settlement that continues to allocate money to local governments.

"I've gone around the horn with Big Tobacco and tobacco lawyers," Vacco said.

While city lawmakers last summer said they supported tighter controls over tobacco, a fear of lawsuits caused them to back off. However, in recent weeks, activists have convinced bill supporters that the city would receive financial assistance if the plan becomes law and triggers a legal battle.

"Some of us are working to raise a defense fund to help offset legal costs," said K. Michael Cummings, chairman of the department of health behavior at Roswell Park Cancer Institute. "We've been working with various national organizations, because this issue is not confined to Buffalo."

The proposed provision that has sparked the most controversy among tobacco insiders is forcing cigarette manufacturers to pay a $1,000 annual fee for every brand or sub-brand distributed locally. Collectively, the money would be used to enforce new licensing affecting tobacco resellers (city officials said they have no plans to charge high fees to retailers).

Other provisions would prevent tobacco from being sold in any drugstore, bar, restaurant, game room, or on school or college properties. Additionally, stricter controls over advertising tobacco products would include bans on outdoor ads at businesses near schools.

Two weeks ago, the New York Association of Convenience Stores (NYACS) argued against the proposal, saying it would duplicate efforts underway at the state and federal levels as well as place a burden on retailers who are in compliance with current regulations.

Michael F. Newman, executive vice president of Noco Energy, said Buffalo's efforts are misplaced.

"I think this ordinance does nothing more than simply broaden the differential between legitimate, responsible retailers and illegitimate retailers that are securing cigarettes in manners that are inappropriate and largely go tax-free, to neighborhoods," Newman said.

Opponents also maintain that manufacturers would pass on user fees to retailers, which would then be passed on to customers.

Masten Council Member Demone Smith, the sponsor of the proposed law, said he expects city attorneys to present a final draft sometime this month and that he hopes the Council will vote on the measure by March.

"I think there's enough support on the Council," Smith said. "The holdup has involved people's concern about the expense of a possible lawsuit. Now, that's being addressed."

Advertisement
Advertisement
Advertisement