I just got Cigar.com newsletter and found this article. I thought some people might like to read, well here it is:
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.
