Pierce County Judge Backs Tobacco Ad Restrictions Stores Challenge The Ruling, With The Final Decision Perhaps Years Away

A federal judge has upheld tough restrictions on tobacco advertising in Washington’s second-most-populous county, a decision hailed by health officials as “a step toward sanity.”

The ruling keeps the rules in force, but a lawyer for five small stores that are challenging the restrictions said a final resolution is at least months and probably years away.

U.S. District Judge Robert Bryan ruled that the Tacoma-Pierce County Health Board acted within its authority; he found that the regulations were not pre-empted by state or federal law. He rejected claims by the store owners who said the regulations unfairly hampered their right to earn a living.

The rules, touted by Tacoma-Pierce County Health Department officials as the most restrictive local limits nationwide, ban most tobacco advertising outdoors, and inside businesses if it is visible from the outside.

Similar regulations are being considered by the Seattle-King County Health Board.

“This court decision is a step toward sanity in a country where tobacco companies have been able to freely peddle death and disease to our kids,” department director Dr. Federico Cruz-Uribe said Tuesday.

“This verdict sends a clear message to the tobacco industry - no more hiding behind the veil of the First Amendment,” Cruz added.

The health board approved the rules Dec. 4 and imposed them March 1.

Bryan upheld the restrictions Thursday. His decision reached the board Monday.

Bradley S. Keller, the shopkeepers’ lawyer, said the judge went beyond federal district and appeals rulings nationwide.

In addition, Keller said the judge probably would not rule before next spring, possibly after a trial, on his clients’ claims that the regulations violate their freedom of speech under the First Amendment.

“Both we and our clients are disappointed by the ruling,” Keller said.

“However, the final disposition of this case has yet to be determined.”

A decision on whether to appeal Bryan’s decision on the preemption issue will be made after he rules on the First Amendment claims, the lawyer said.

An appeal could take more than two years to resolve.

The regulations allow only simple, black-and-white “tombstone” signs outside stores and bar even that advertising near schools, playgrounds, parks or in places visible from a sidewalk used by minor students to walk to school - the first attempt by a Washington county to control tobacco advertising that could affect minors.

“It is undisputed that nicotine addiction can lead to serious long-term health consequences, including lung cancer, heart disease and death, especially if that addiction started in childhood,” Bryan wrote.

Keller, who also represents R.J. Reynolds in a lawsuit filed by the state against seven tobacco companies, would not say whether that company or others were helping to pay the cost of the shopkeepers’ suit.

Marianne Bichsel, a publicist hired by the health department, said health officials “believe that the tobacco industry financed this suit.”

She questioned the capability of small store owners to pay the legal bills.