Judge Blocks N.Y. Ban on Online Cigarette Sales November 20, 2000
News Summary
Calling a new state law unconstitutional, a federal judge issued a temporary restraining order to block New York from banning the sale of cigarettes by mail order, telephone and the Internet, the Dow Jones News Service reported Nov. 14.In responding to a lawsuit filed in U.S. District Court by Brown & Williamson Tobacco Corp., Judge Loretta A. Preska ruled that the law is an "unconstitutional interference with interstate commerce."
The law, the first of its kind in the nation, was scheduled to take effect Nov. 13. Instead, the judge scheduled a hearing to consider whether she should impose a longer-lasting injunction.
Undaunted by the ruling, state officials said they expect to prevail in the court fight. "We believe that not only is the law constitutional, but that it will go a long way toward preventing our children from starting a deadly habit," said Suzanne Morris, a spokeswoman for New York Gov. George Pataki.
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