Florida's Cigar Industry Files Suit to Save Industry; Challenges Constitutionality of Smoking Ban.News & Business Editors/Legal Writers TAMPA, Fla.--(BUSINESS WIRE)--Jan. 14, 2003 New Amendment Will Terminate All Cigar-Related Manufacturing Activity in Florida; Future of State's Centuries Old Cigar Industry is at Stake Florida's cigar industry filed a federal lawsuit today seeking to overturn the recently passed amendment to the state's constitution that prohibits smoking in enclosed en·close also in·close tr.v. en·closed, en·clos·ing, en·clos·es 1. To surround on all sides; close in. 2. To fence in so as to prevent common use: enclosed the pasture. indoor workplaces. The industry group, which is comprised of nine major manufacturers, importers, exporters, and distributors of cigars and cigar leaf tobacco in Florida, contends the amendment would virtually wipe out the industry in Florida because it would prevent the burning of tobacco in cigar factories and cigar-related facilities. Smoking cigars and burning cigar leaf tobacco are essential steps in the manufacture, development, distribution and sale of cigars and cigar leaf tobacco in Florida. "This is not about banning smoking. It is about economics and industry survival. We are trying to protect an industry whose heritage is at the very foundation of Florida's cultural and economic history. More importantly, there are thousands of jobs and a multi-million dollar infrastructure that will be wiped out if this amendment is not overturned," said Norman Sharp, President of the Cigar Association of America. Sharp said the amendment prevents the burning of cigars and cigar leaf tobacco in enclosed indoor workplaces. Yet, every day, as a central part of carrying on their legal businesses, the cigar industry tests their products to ensure the quality of cigars and cigar leaf tobacco, to evaluate manufacturing quality, to meet industry standards and federal laws, and to develop new products. "It is impossible for the industry to comply with the smoking amendment while at the same time exercising our rights to engage in lawful Licit; legally warranted or authorized. The terms lawful and legal differ in that the former contemplates the substance of law, whereas the latter alludes to the form of law. A lawful act is authorized, sanctioned, or not forbidden by law. business under federal law," he added. The industry argues that the amendment violates both the Supremacy Clause Article VI, Section 2, of the U.S. Constitution is known as the Supremacy Clause because it provides that the "Constitution, and the Laws of the United States … shall be the supreme Law of the Land. and the Commerce Clause of the U.S. Constitution. It also restricts legal business activities that are protected by the Due Process Clause of the Fourteenth Amendment Fourteenth Amendment, addition to the U.S. Constitution, adopted 1868. The amendment comprises five sections. Section 1 Section 1 of the amendment declares that all persons born or naturalized in the United States are American citizens and citizens to the U.S. Constitution. The group of plaintiffs includes Altadis U.S.A, Inc., Swisher swisher Sexology A regional term for a really queer queer, not that there's anything wrong with that International, Inc., J.C. Newman Cigar Company, Caribe Imported Cigars, Central America Central America, narrow, southernmost region (c.202,200 sq mi/523,698 sq km) of North America, linked to South America at Colombia. It separates the Caribbean from the Pacific. Tobacco Corp., C.A.T. Tobacco d/b/a Torano Cigars, Puros Indios Cigars, Inc., Oliva Tobacco Co., Inc., A.S.P. Enterprises, Inc., and El Credito Cigar Company. "This lawsuit was filed today because the industry could not challenge the amendment until it became effective on January 7," explained Benjamin H. Hill, III of Hill, Ward and Henderson, lead attorney for the cigar industry. The lawsuit asks the U.S. District Court in Tampa to overturn the amendment because it violates federal law and to prevent Gov. Jeb Bush John Ellis "Jeb" Bush (born February 11, 1953) is an American politician, and was the 43rd Governor of Florida as well as the first Republican to be re-elected to that office. He is a prominent member of the Bush family: the younger brother of current President George W. , Attorney General Charlie Crist Charles Joseph "Charlie" Crist, Jr. (born July 24 1956), is an American politician of the Republican Party and the current Governor of Florida. Crist served as state attorney general from 2003 to 2007.[1] Crist was born in Altoona, Pennsylvania. and the Florida legislature The Florida Legislature is the state legislature of the U.S. state of Florida. The Florida Constitution mandates a bicameral state legislature with an upper house Florida Senate of 40 members and a lower Florida House of Representatives of 120 members. from taking steps to implement and enforce the amendment. The cigar industry complaint argues that the smoking amendment is invalid under the United States United States, officially United States of America, republic (2005 est. pop. 295,734,000), 3,539,227 sq mi (9,166,598 sq km), North America. The United States is the world's third largest country in population and the fourth largest country in area. Constitution because it is pre-empted by long-standing federal law, it directly burdens and disrupts the flow of interstate and foreign commerce, it unreasonably interferes with commercial activity, and it prohibits the industry from engaging in lawful business, thus depriving industry members of their liberty and property interests. |
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