Utah's law to ban cigarette vending machines in locations accessible to minors has been upheld as constitutional by a federal judge, overturning an earlier ruling that the law was probably not constitutional.
On June 30, U.S. District Senior Judge Aldon J. Anderson ruled that the Utah Adolescent Tobacco Prevention Act was probably unconstitutional. He slapped a temporary restraining order on state officials to prevent enforcement of the act, only a few hours before it was to become law.But after a hearing on whether the restraining order should remain in force until a trial can be held on the suit, U.S. District Judge David K. Winder lifted the order. The law can now be enforced.
"The state of Utah has a legitimate interest in controlling a minor's access to cigarettes and tobacco products," Winder wrote.
"In light of commonly accepted medical and scientific evidence that tobacco usage is addictive and causes serious health problems, the state of Utah has a legitimate public purpose . . . in acting to limit the accessibility of cigarettes and tobacco products to minors."
The judge wrote that that legitimate purpose is "promotion of the public welfare, safety and health of its citizens, especially its children."
Under federal rules, the constitutionality of a state law will be upheld if it does not affect a class of suspects or a fundamental right, as long as the law has some rational basis.
Winder noted that the plaintiffs - four companies that operate remote-control vending machines in Utah called Vending Specialists, Vending Plus Inc., Dixie Amusement & Vending Co. Inc. and George the Music Man Inc. - didn't "allege any violation of a fundamental right."
"The Utah Adolescent Tobacco Prevention Act, HB53, meets the rational basis test," Winder added. `The purpose of the statute is to restrain a minor's ability to purchase cigarettes and tobacco products."
Smoking is "a practice which adversely affects the public health and general welfare of children."
Whether the legislation will succeed or is a wise move is not for him to say, Winder added.
The law continues to allow cigarette vending machines in bars and adult work places, where minors generally don't go. But otherwise, even remote-controlled vendors are out.
Remote-controlled vending machines are devices that can't be operated unless a store employee pushes a button in an area not accessible to customers. The employee can see if the purchaser is of legal age and push the button. Supporters heralded the decision as a victory for the state's young people, who now will have less access to cigarette vending machines.
"I'm pleased the judge saw fit to protect the youth of the state," said Rep. Hugh Rush, D-West Valley City. "We felt all along we were on solid ground."
Rush co-sponsored the bill with Rep. Kim Burningham, R-Bountiful.
Other parts of the multi-faceted bill became law earlier this month. Vendors now face stiff penalties if caught selling cigarettes to people under the age of 19. Smoking also is prohibited on school grounds and at child-care centers during school hours under the law.
The law is patterned after recommendations by former U.S. Surgeon General Everett Koop.
Attorneys for the vendors could not be reached for comment.
The old state law allowed vending machines to dispense cigarettes in public places only if the owners could operate the machines exclusively through remote control.
Lawmakers reasoned young people had too much access to cigarettes through vending machines and that the remote-control requirement was expensive for machine owners, who often didn't obey the law.
Rush said about 8 percent of the state's young people use vending machines as their primary source for cigarettes.