Litigation Landscape in Massachusetts - the Good, the Bad, the Ugly

Audience: Local policy makers, attorneys, public health professionals.

Key Points: Before enacting local regulations, it is important to understand and articulate the rationale for the regulation.  It is also important to understand the interplay between federal, state and local laws.  Recent legal challenges in Massachusetts will be explained with an emphasis on lessons learned.  One case is a lawsuit brought by RYO Cigar Association against the Boston Public Health Commission challenging the legality of a regulation that prohibited the sale of blunt wraps.  Boston won the case in the lower court after a lengthy trial.  RYO appealed and Boston won on appeal.  RYO filed for Further Appelate Review, which was denied by the Supreme Judicial Court.  The second case was brought by Philip Morris, Lorillard, R.J. Reynolds and the National Association of Tobacco Outlets against the City of Worcester.  The plaintiffs claim the an ordinance banning the display of tobacco advertising in any location where it can be viewed from any street, park or school violates their First Amendment rights.  

Educational Experience: The presentation will explain the cases without legalease and identify issues that might have been avoided.

Benefits: Audience will understand the cases and the need to carefully craft local laws.