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Legal Resource Center for Tobacco Regulation, Litigation & Advocacy. Kathleen Hoke Dachille,Director University of Maryland School of Law 500 West Baltimore Street Baltimore, Maryland 21201 (410)706-1294 phone; (410)706-1128 fax kdachille@law.umaryland.edu www.law.umaryland.edu/tobacco.
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Legal Resource Center for Tobacco Regulation, Litigation & Advocacy Kathleen Hoke Dachille,Director University of Maryland School of Law 500 West Baltimore Street Baltimore, Maryland 21201 (410)706-1294 phone; (410)706-1128 fax kdachille@law.umaryland.edu www.law.umaryland.edu/tobacco
Established in 2001 • Home: University of Maryland School of Law • Public law school • Limits some aspects of representation • Maximizes available legal assistance/expertise because of diversity and experience of faculty • Clinical program involves law students in tobacco control
Benefactor • Maryland Department of Health and Mental Hygiene • Blend of Cigarette Restitution Funds (from Master Settlement Agreement) and federal funds • Annual renewal of grant through State budget process • Limits representation in some respects
Partners • Office of The Attorney General of Maryland • Enhances/establishes reputation and credibility. • Institute for Global Tobacco Control, Johns Hopkins School of Public Health • Supports with public health research/perspective.
MissionProvide legal advice, support and assistance to: • State Government • General Assembly • State Agencies • Health Department • Department of Human Resources • Occupational Safety and Health Administration • And more . . . • Local Government • Local Legislatures • County Health Departments • County and Municipal Attorneys • Community Groups/Coalitions • Smoke Free Maryland • County Smoke Free Coalitions (i.e., Smoke Free Baltimore County) • Heart/Lung/Cancer Advocacy Groups • Private Attorneys/Individuals
First Steps • Staffing • Director: experienced in state and local government, law, and tobacco issues and media contact person. • Managing Attorney: “Networker,” readily available to clients. • Administrative Assistant: Graphic and web design skills. • Needs Assessment • Personal interviews with the County Health Officers and tobacco staff to determine need for legal services. • Involvement with State and local coalitions to identify policy and legal issues in today’s programs/initiatives. • Website and Listserv • Newsletter (biannual)
Specific Activities • Model Legislation/Drafting • Draft state and local laws on: youth tobacco sales, self-service tobacco displays, freebies, clean indoor air laws, and tobacco retailer licensing laws. • Testimony/Drafting Support • Draft written and oral testimony for legislative sponsors and advocates for State and local bills. • Perform related “advocacy” support: drafting talking points, research for graphics, persuading legislative fiscal agents. • Litigation Support • Provide research and comments to County Attorney defending clean indoor air legislation.
Specific Activities, cont. • Training • Conduct training for local officials working in youth access programs: • Conference – June 2003 • Consensus Building/Education – Prosecutors/Judges • Research • Poster presentation and follow-up: Disparate Impact of Less Than Comprehensive Clean Indoor Air Laws on Minorities • Outreach • Participate in First Latino Tobacco Summit
Projects on the Horizon • Apartments and Drifting Smoke • Production and distribution of brochure to educate tenants on legal rights; • Provide advice and representation to tenants dealing with drifting smoke issues. • Children and ETS • Work with State and local officials in protecting children from ETS when under State guardianship (foster care/CINA). • Work with judges to educate on issues of ETS exposure in custody decisions.
How the Center’s Work Aids Locals • Attorneys have skills that advance local agendas: - understand the current state of laws in each jurisdiction - research laws that exist in other states - can answer legal questions (from process to enforcement) - draft legislation & enact legislation in a legally supported and valid manner so as to avoid legal challenge - empower the community to address legislators • Attorneys have skills to protect local’s work - Strategize, trouble shoot and anticipate arguments to avoid legal problems. - Create effective enforcement programs for passed legislation - Respond to legal threats and defend against challenges.