HomeMy WebLinkAboutord2000-007WHATCOM COUNTYHEALTH BOARD AGENDA BILL NO 2000 -042
CLEARANCES
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Date
cil Ofce
Agenda Date
Assigne d ro:
originator:
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wHATCOM COUNTY
COUNCII
1/11/00
Council Introduction
Division
1/25/00
Council
Depenead:
nonecawr
Frchavag /Budget
Esecative:
/
SUBJECT:
Rescinding Tobacco Advertising Ordinance #99 -065
ATTACHMENTS:
Ordinance
Related County Contract #:
Should Clerk schedule a hearing:
NW X/ X / YES / /
J t At C/r/C/V I.
An ordinance restricting tobacco advertising in Whatcom County
was approved by the Health Board (ORD #99 -065). The ordinance
was similar to restrictions passed in Tacoma/Pierce County. The
U.S. Court of Appeals for the Ninth District has ruled against
restricting tobacco advertising, and Tacoma/Pierce County Health
Board will not appeal the case. Therefore, following the
recommendation of the Public Health Advisory Board and the
direction received from the Whatcom County Health Board, the
attached ordinance is submitted for consideration.
2000-42 1/1112000: Introduced
12512000: Adopked 7 -0, Ord. #2000 -007
rR
Distribution Request
lndicatclhose xJUrshould receive a copy after Councit ne ion.
(this item):
12/30/99 SPONSORED BY: Board of Health
PROPOSED BY: Consent
INTRODUCTION DATE- 1/11/2000
ORDINANCE NO. ?nno_nn�
RESCINDING THE ORDINANCE RESTRICTING TOBACCO ADVERTISING
3I?HEREAS, the U. S. Court of Appeals for the Ninth District has heard and issued a
decision in the Lindsay Vs. Tacoma Pierce County case; and,
WHEREAS, the U. S. Court of Appeals for the Ninth District decision in the above use
rules that "a local ban on outdoor tobacco advertising is preempted by the Federal Cigarette
Labeling and Advertising Act. "; and,
WHEREAS, Whatcom County Health Board adopted Ordinance No. 99-065 Restricting
Tobacco Advertising; and;
WHEREAS, Ordinance No. 99 -065 is also preempted by the Federal Labeling and
Advertising Act; and,
WHEREAS, Whatcom County is within the jurisdiction of the U. S. Court of Appeals for
the Ninth District; and,
WHEREAS, the Public Health Advisory Board reluctantly recommends rescinding
Ordinance 99 -065 based on the court decision; and,
WHEREAS, the Public Health Advisory Board also recommends efforts to amend the
Federal Labeling and Advertising Act to allow for local public health controls over tobacco
advertising.
NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that
Ordinance No. 99 -065 is hereby rescinded.
ADOPTED this 25 day of January, 2000.
ATTEST:
-T
APPROVED AS TO FORM:
Civil Deputy secutor
Page 2
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
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Marlene Dawson, Council Chair
Approved () Denied
ete Kremen, County Executive