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La Crosse County mulls smokefree workplace law  

La Crosse County could become the second county in Wisconsin to require smoke-free workplaces if a proposed ordinance introduced next week is approved.

The Smokefree Air for Everyone coalition for La Crosse County, or SAFE, has drafted a county ordinance banning smoking in all workplaces and public places, including bars and bowling alleys. The ordinance will be proposed at the La Crosse County Health and Human Services Board meeting at 6:30 p.m. Tuesday.

Sue Lynch, a community organizer who works on ordinances for Smokefree Wisconsin, said Sharon Hampson, the board's chairwoman, will introduce the ordinance.

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07C0834 Richardson v. R.J. Reynolds Tobacco Co.  

Strict liability claims against tobacco companies under Wisconsin law are not preempted by federal law.

"Claims such as plaintiff's do not interfere with the regulation of advertising and promotion of tobacco. Further, it is highly unlikely that such claims will lead to the destruction of the tobacco industry. Allowing common law claims does no more than place manufacturers of tobacco products in the same position as manufacturers of other legal products with known inherent risks.

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• NATHANIEL RICHARDSON, Plaintiff, v. R.J. REYNOLDS TOBACCO CO., Defendant. ($$) 

In Cipollone, the Supreme Court addressed the FCLAA's preemptive effect, finding no cause to extend its analysis beyond the scope of the express preemption provision and therefore holding that "matters beyond that reach are not pre-empted." . . .

Thus, for the foregoing reasons, I conclude that federal law does not impliedly preempt plaintiff's claim. Defendant's arguments are insufficient to overcome the presumption against preemption and the principle that courts should read a federal statute as preempting state law only if Congress clearly indicates an intention to do so. Although plaintiff will likely have difficulty establishing his claim, see Insolia, 216 F.3d at 600-603, his complaint survives defendant's Rule 12(b)(6) motion.

THEREFORE, IT IS ORDERED that defendant's motion to dismiss for failure to state a claim is DENIED.

IT IS FURTHER ORDERED that defendant's motion to dismiss for failure to prosecute is DENIED.

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CIVIL DOCKET FOR CASE #: 2:07-cv-00834-LA / Richardson v. R.J. Reynolds Tobacco Co ($$) 

09/26/2008 16 ORDER signed by Judge Lynn Adelman on 9/26/08 denying 4 Motion to Dismiss; denying 10 Motion to Dismiss. (cc: all counsel) (Wesolek, Marie)

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Richardson v. R.J. Reynolds Tobacco Co - 2:2007cv00834  

Plaintiff: Nathaniel Richardson

Defendant: R.J. Reynolds Tobacco Co

Case Number: 2:2007cv00834

Filed: September 17, 2007

Court: Wisconsin Eastern District Court . . .

Presiding Judge: Judge Lynn Adelman

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City ban on smoking likely dead  

A ban on workplace smoking in Chippewa Falls has been forcefully snuffed out.

As it did in June, the city's Transportation Committee on Wednesday voted to wait until the state first takes action on a ban.

But this time it appears there is a majority of the seven member City Council that opposes a ban.

On Wednesday, all three committee members, Susan Zukowski, Jack Covill and Brian Flynn, voted to wait for state action. They agreed a local smoking ban would cause economic hardship to city businesses at a time the economy is struggling.

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Kenosha Smokers Protest Possible Smoking Ban 

To allow smoking or not to allow smoking, that's the issue facing Kenosha voters in November. FOX 6's Ryan Cummings brings you the latest.

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Editorial: Exemptions to smoking ban unfair, unwise 

may go to court to get exemptions from the city's workplace smoking ban.

Our view: While it's tempting to sympathize with taverns that may have lost business, exemptions would negate the ban's health benefits and would be unfair to other city bars.

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Tavern League fights smoking ban  

July 1 marked the first day of Eau Claire's citywide smoking ban. Not even three months later, people are taking action against it - most notably the Tavern League of Wisconsin.

Eau Claire County's Tavern League President Sally Jo Birtzer said city businesses are at an average of 35 to 45 percent loss since the start of the smoking ban.

Birtzer's main concern remains with the small business sector of bars, restaurants and taverns in the city.

"Small businesses are going out of business and chains are picking up the liquor licenses," she said. "This is completely wrecking their livelihood."

According to the Tavern League's Web site, tlw.org, "a small business person should have the right to choose how to run their business within the confines of the law," and by these means they wish "to help fight a statewide smoking ban in all public places."

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Dane County votes to enact smoking ban in unincorporated areas  

Hoping to put pressure on the state to take similar action, the Dane County Board voted Thursday night to ban smoking in workplaces, including bars and restaurants, in the unincorporated parts of the county outside of villages and cities.

The vote was 21-14.

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Smoking ban proposal resurfaces Wednesday night 

A workplace smoking ban is rising from the ashes after being put on the backburner by the Chippewa Falls City Council.

This time, council members are going to focus the debate over a ban among themselves.

The city's Transportation Committee, which oversees public safety issues, is scheduled to take up a ban at its meeting at 6:30 p.m. Wednesday at City Hall, 30 W. Central St.

The public has been allowed to speak on the issue on the three previous committee meetings on the issue. including at a June 19 meeting where 13 people spoke. . . .

But the agenda for Wednesday's meeting says: "The purpose of this meeting is to have open discussion among committee/council members regarding how they will proceed with the matter."

The committee is under new leadership after a Sept. 2 shakeup by the council, which appointed Seventh Ward council member Susan Zukowski as the committee's new chairman.

She succeeded Jack Covill, who had been the committee chairman for 3 1/2 years. Covill, who opposes a workplace smoking ban, remains a committee member along with council member Brian Flynn.

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Smoking ban approved 

All towns in Dane County are going smoke-free next year.

The County Board has passed a public smoking ban that takes effect August 15, 2009.

It applies to workplaces, bars, and restaurants.

Supporters say it's the right thing to do, considering the documented effects of secondhand smoke. Opponents say it takes away local control and unfairly targets a small group of businesses that allow smoking.

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Dane County to go smoke - free 

From American Cancer Society: The Dane County Board of Supervisors voted Thursday to end all workplace smoking countywide, including inside bars and restaurants, starting August 15, 2009.

The vote represents the first comprehensive county smoke-free ordinance in Wisconsin and is just the latest in a string of ordinances requiring smokers to step outside.

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Board To Vote On Dane County Smoking Ban  

The Dane County Board will vote on a county smoking ban Thursday night.

The ordinance would ban smoking in Dane County's 34 unincorporated towns.

A state statute doesn't allow the ban to apply to cities and villages, but the county is considering a resolution urging them to take up similar plans.

If passed, businesses would have 90 days to comply.

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Cigarette blamed for Manitowoc house fire 

A smoldering cigarette caused about $8,000 in damage Thursday afternoon when it sparked flames at a southside Manitowoc home, according to Deputy Fire Chief Gregg Kadow.

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