Legal Resource Center for Tobacco Regulation, Litigation & Advocacy

Kathleen Hoke Dachille,DirectorUniversity of Maryland School of Law500 West Baltimore StreetBaltimore, Maryland 21201(410)706-1294 phone; (410)706-1128 faxkdachille@law.umaryland.edu www.law.umaryland.edu/tobacco

Established in 2001

Home: University of Maryland School of Law Public law school Limits some aspects of representation Maximizes available legal

assistance/expertise because of diversity and experience of faculty

Clinical program involves law students in tobacco control

Benefactor

Maryland Department of Health and Mental Hygiene– Blend of Cigarette Restitution Funds (from Master

Settlement Agreement) and federal funds– Annual renewal of grant through State budget

process– Limits representation in some respects

Partners

Office of The Attorney General of Maryland– Enhances/establishes reputation and credibility.

Institute for Global Tobacco Control, Johns Hopkins School of Public Health– Supports with public health research/perspective.

MissionProvide legal advice, support and assistance to:

State Government– General Assembly– State Agencies

Health Department Department of Human Resources Occupational Safety and Health Administration And more . . .

Local Government– Local Legislatures– County Health Departments– County and Municipal Attorneys

Community Groups/Coalitions– Smoke Free Maryland– County Smoke Free Coalitions (i.e., Smoke Free Baltimore County)– Heart/Lung/Cancer Advocacy Groups

Private Attorneys/Individuals

First Steps

Staffing– Director: experienced in state and local government, law, and

tobacco issues and media contact person.– Managing Attorney: “Networker,” readily available to clients.– Administrative Assistant: Graphic and web design skills.

Needs Assessment– Personal interviews with the County Health Officers and tobacco

staff to determine need for legal services.– Involvement with State and local coalitions to identify policy and

legal issues in today’s programs/initiatives. Website and Listserv Newsletter (biannual)

Specific Activities

Model Legislation/Drafting– Draft state and local laws on: youth tobacco sales, self-service tobacco

displays, freebies, clean indoor air laws, and tobacco retailer licensing laws.

Testimony/Drafting Support– Draft written and oral testimony for legislative sponsors and advocates for

State and local bills.– Perform related “advocacy” support: drafting talking points, research for

graphics, persuading legislative fiscal agents.

Litigation Support– Provide research and comments to County Attorney defending clean

indoor air legislation.

Specific Activities, cont.

Training– Conduct training for local officials working in youth access

programs: Conference – June 2003 Consensus Building/Education – Prosecutors/Judges

Research– Poster presentation and follow-up: Disparate Impact of Less Than

Comprehensive Clean Indoor Air Laws on Minorities

Outreach– Participate in First Latino Tobacco Summit

Projects on the Horizon

Apartments and Drifting Smoke– Production and distribution of brochure to educate tenants

on legal rights;– Provide advice and representation to tenants dealing with

drifting smoke issues. Children and ETS

– Work with State and local officials in protecting children from ETS when under State guardianship (foster care/CINA).

– Work with judges to educate on issues of ETS exposure in custody decisions.

How the Center’s Work Aids Locals

Attorneys have skills that advance local agendas:- understand the current state of laws in each jurisdiction

- research laws that exist in other states

- can answer legal questions (from process to enforcement)

- draft legislation & enact legislation in a legally supported and valid manner so as to avoid legal challenge

- empower the community to address legislators

Attorneys have skills to protect local’s work- Strategize, trouble shoot and anticipate arguments to avoid legal problems.

- Create effective enforcement programs for passed legislation

- Respond to legal threats and defend against challenges.