USA: Massachusetts town considers tobacco sales ban

The small town of Westminster, Massachusetts (population 7300) is considering banning the sale of all products containing nicotine within its city limits.  PBS reports the town’s health board has put forward a proposal, with the three member board to make a decision in late December. If the proposal is adopted,  products purchased elsewhere would still be allowed to be used in the town. The full PBS video report and transcript are here.

According to Lawrence Friedman, a constitutional law professor at New England Law School in Boston quoted in this Newsweek report, the proposed ban would not face any constitutional barriers. He cites examples of several counties in Arkansas which have prohibited the sale of alcohol, and notes that as long as the prohibition applies uniformly to all businesses it would likely be on safe legal ground. The Newsweek report also includes a link to the full proposal.

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