A Constitution of Government once changed from Freedom, can never be restored. Liberty, once lost, is lost forever.
What kind of country do we have when the Department of Transportation can rewrite laws?
The US Department of Transportation (US DOT) is rewriting e-Cigarette regulation in a way that doesn’t grab the public notice though it did get the attention of the Competitive Enterprise Institute, The Consumer Advocates for Smoke-free Alternatives Association, and a CEI employee Gordon Cummings, a private individual, who have filed a lawsuit
US DOT wrote a ‘regulation’ extending a statute prohibiting smoking aboard aircraft to cover electronic cigarettes. It goes beyond the scope of the law passed by Congress.
E-cigs do not combust or produce smoke and the law giving DOT the write to control smoking, 49 U.S.C. § 41706, prohibits “[a]n individual from smoking” during a scheduled flight and to “require all air carriers and foreign air carriers to prohibit smoking.”
This idea of unelected bureaucrats in a government agency inventing their own meanings must stop. They have no power over vaping and vaping is clearly not smoking nor are vapors smoke.
It’s the latest attack on vaping.
Individual airlines can prohibit vaping but the government can’t do it.
This is the rule of law.
“Congress never gave regulators the power to prohibit e-cigarette use aboard aircraft,” said CEI Fellow Marc Scribner. “The Department of Transportation is inventing authority it clearly does not have. Anyone concerned about government overreach should be worried by this abuse of power. Fundamentally, this is a rule of law issue.”
Julie Woessner, Executive Director of the 140,000-member CASAA organization, stated: “It would be one thing if DOT had the legal authority to issue this rule. In that case, CASAA would dispute its logic, but we wouldn’t be in court challenging its legality. But, in fact, Congress never gave DOT any authority to regulate vaping on airplanes. CASAA opposes DOT’s illegal use of imaginary powers to further an anti-vaping agenda.”
Airlines should be allowed to permit vaping or not but US DOT is illegally intruding itself on even this. They are in every aspect of our lives and they violate the Constitution at every opportunity – they give it NO regard.
Some in Congress want to ignore the abuse of power by including e-cigs in the law which will conflate smoking with vaping as if they were equal.
E-cigs help smokers but politicians have decided to go after them on every possible level. They have been trying to tax them at 95% because it has become a cause, one mired in misinformation and ideological nonsense.
On April 28th, the U.K.’s Royal College of Physicians released a groundbreaking report, CEI reported, concluding that “[l]arge-scale substitution of e-cigarettes, or other non-tobacco nicotine products, for tobacco smoking has the potential to prevent almost all the harm from smoking in society.” It is the prevailing opinion.
Allowing these government agencies to rewrite laws or create laws out of thin air must be stopped but our Congress appears to have neither the will nor the interest.
Some background on e-cigs: