TOBACCO CONTROL LAWS

Long Island Gasoline Retailers Ass'n, Inc. v. Paterson

The plaintiffs, owners of retail fuel and food businesses, sued the governor of New York and others on the basis that a new tax law was unconstitutional pursuant to the equal protection and due process provisions of the Fourteenth Amendment to the U.S. Constitution, and Article I, section 6 and 11 of the New York State Constitution.  Prior to April of 2009, retailers were required to pay a $100.00 flat registration fee for the sale of retail tobacco products. In April of 2009, the State legislature amended the New York tax law to be based on the gross sale of all products at a location on a graduated scale.  The Court dismissed the case based on lack of standing because none of the plaintiffs had suffered any harm.

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Long Island Gasoline Retailers Ass'n, Inc. v. Paterson, 897 N.Y.S.2d 850, 27 Misc.3d 914, Supreme Court, New York (2010).

  • United States
  • Mar 10, 2010
  • Supreme Court, New York

Parties

Plaintiff

  • Long Island Gasoline Retailers Ass'n, Inc.
  • New York Association Of Convenience Stores
  • New York State Association of Service Stations and Repair Shops, Inc.
  • Service Station Dealers of Greater New York, Inc.
  • United 7-Eleven Franchise Owners of Long Island and New York

Defendant

  • David A. Paterson
  • Jamie Woodward

Legislation Cited

N.Y. Tax Law § 480-a(2)(a)(ii)

The Health Care Improvement Act

Related Documents

None

Type of Litigation

Challenge to Government Policies Relating to Tobacco Control/Public Health
Tobacco companies or front groups may challenge any legislative or regulatory measure that affects their business interests. Unlike public interest litigation, these cases seek to weaken health measures. These cases frequently involve the industry proceeding against the government. For example, a group of restaurant owners challenging a smoke free law as unconstitutional.

Tobacco Control Topics

Price and Tax Measures
Tax or price measures, including tax- and duty-free regulation. (See FCTC Art. 6)

Substantive Issues

Right to Commerce
A violation of the right to carry on trade, business, or profession of a person’s choice. This right may also be called the right to free enterprise or economic freedom. The industry may argue that a business should be able to conduct its business without government regulation, including whether or not to be smoke free.
Right to Equal Protection
A violation of the right to equal protection under the law, or another form of discrimination. The industry may claim that regulations discriminate against tobacco companies or tobacco products. Smokers may claim that addiction is a health condition, so regulations discriminate against them based on their health condition. Facilities subject to smoke free laws may claim that smoke free (SF) exceptions (e.g., hotel rooms, mental hospitals, etc.) unfairly discriminate against SF businesses because the law should apply to all locations equally.
Right to Procedural Due Process
A violation of the right to procedural fairness. For example, a party may claim that a government agency did not consult with public or stakeholders when issuing regulations.
Procedural Defect
The court might consider procedural matters without touching the merits of the case. These might include: improper joinder, when third parties, such as Health NGOs or government officials, seek to become parties to the suit; lack of standing, where a plaintiff fails to meet the minimum requirements to bring suit; lack of personal jurisdiction, where the court does not have jurisdiction to rule over the defendant; or lack of subject matter jurisdiction, where the court does not have jurisdiction over the issue at suit.

Type of Tobacco Product

None

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