TOBACCO CONTROL LAWS

Saad v. Village of Orland Park

A village enacted a smoke-free law that had a single exception for Tobacco House, a cigar lounge, so long as that Tobacco House sold nothing but tobacco products and that the owners maintained a business license in good standing. The owner of the cigar lounge pled guilty for tax evasion, and the village later denied the business license. The cigar lounge claimed the license denial violated equal protection and that the smoke-free law violated due process because it was unconstitutionally vague. The village moved to dismiss the case, and the court agreed.

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Saad v. Village of Orland Park, No. 11 C 7419 (N.D. Ill., 2012).

  • United States
  • Jul 9, 2012
  • United States District Court, Northern District of Illinois, Eastern Division

Parties

Plaintiff

  • Asma Saad
  • Tobacco House, Inc. d/b/a Belicoso Cigar Lounge

Defendant Village of Orland Park

Legislation Cited

Related Documents

None

Type of Litigation

Challenge to Government Policies Relating to Tobacco Control/Public Health
Tobacco companies or front groups may challenge any legislative or regulatory measure that affects their business interests. Unlike public interest litigation, these cases seek to weaken health measures. These cases frequently involve the industry proceeding against the government. For example, a group of restaurant owners challenging a smoke free law as unconstitutional.

Tobacco Control Topics

Smoke Free Measures
Measures to reduce or eliminate exposure to tobacco smoke. (See FCTC Art. 8)

Substantive Issues

Right to Equal Protection
A violation of the right to equal protection under the law, or another form of discrimination. The industry may claim that regulations discriminate against tobacco companies or tobacco products. Smokers may claim that addiction is a health condition, so regulations discriminate against them based on their health condition. Facilities subject to smoke free laws may claim that smoke free (SF) exceptions (e.g., hotel rooms, mental hospitals, etc.) unfairly discriminate against SF businesses because the law should apply to all locations equally.
Criminal Violation
A claim of an infringement of any criminal law.

Type of Tobacco Product

Cigars, cigarillos, bidis, and other similar products
Any combustible tobacco product that is designed to be smoked – other than cigarettes – including cigars, cigarillos, little cigars, blunts, and bidis or beedis (small, flavored filterless Indian cigarettes).
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