Federal Judge Finds Indiana Vaping Law Unconstitutional
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Abdul Hakim-Shabazz — August 21, 2016
A federal judge has ruled that Indiana’s vaping law violates the Constitution.
Florida based Goodcat, LLC had sued the statesaying Indiana’s vaping law discriminates against out of state manufacturers and that the requirements for security firms that vape manufacturers must use is preempted by federal law.
A temporary restraining order was issued in June however this past Friday U.S. District Judge Richard Young granted Goodcat’s request for a preliminary injunction.
Judge Young held Goodcat was not likely to win on its preemption challenge, but it had a good chance of succeeding that Indiana’s vaping law violated what is known as the dormant Commerce Clause which prohibits state’s from doing anything that discriminates over substantially burdens interstate commerce.
The judge essentially ruled that under Indiana law only one company could meet the security requirements necessary for vape shops to operate and the put an undue burden on interstate commerce.
Judge Young ordered the state to grant Goodcat its permit to sell e-liquid until the entire matter is resolved.
As we reported earlier, vaping advocates say the new law would have put them out of business because it would require manufacturers to contract with certain types of security firms, and only one in the state foot the bill.
Supporters of the law say it was needed for public health. There is no word yet as to whether the state will appeal the ruling.
source: http://indypolitics.org/2016/08/21/federal-judge-finds-indiana-vaping-law-unconstitutional/
SHARE ON:
A federal judge has ruled that Indiana’s vaping law violates the Constitution.
Florida based Goodcat, LLC had sued the statesaying Indiana’s vaping law discriminates against out of state manufacturers and that the requirements for security firms that vape manufacturers must use is preempted by federal law.
A temporary restraining order was issued in June however this past Friday U.S. District Judge Richard Young granted Goodcat’s request for a preliminary injunction.
Judge Young held Goodcat was not likely to win on its preemption challenge, but it had a good chance of succeeding that Indiana’s vaping law violated what is known as the dormant Commerce Clause which prohibits state’s from doing anything that discriminates over substantially burdens interstate commerce.
The judge essentially ruled that under Indiana law only one company could meet the security requirements necessary for vape shops to operate and the put an undue burden on interstate commerce.
Judge Young ordered the state to grant Goodcat its permit to sell e-liquid until the entire matter is resolved.
As we reported earlier, vaping advocates say the new law would have put them out of business because it would require manufacturers to contract with certain types of security firms, and only one in the state foot the bill.
Supporters of the law say it was needed for public health. There is no word yet as to whether the state will appeal the ruling.
source: http://indypolitics.org/2016/08/21/federal-judge-finds-indiana-vaping-law-unconstitutional/
