1 / 10

Legal Resource Center for Tobacco Regulation, Litigation & Advocacy

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.

sean-fuller
Download Presentation

Legal Resource Center for Tobacco Regulation, Litigation & Advocacy

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. 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

  2. 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

  3. 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

  4. 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.

  5. 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

  6. 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)

  7. 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.

  8. 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

  9. 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.

  10. 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.

More Related