Blunt response to tobacco suit against Worcester

The blunt wrap tobacco industry has decided to drop its federal court challenge into the legality of the city's ban of the sale of blunt wraps — a thick cigarette-like rolling paper usually made from tobacco leaves.

City Solicitor David M. Moore said the blunt wrap companies that had sued the city decided to dismiss their case in light of the state Supreme Judicial Court's refusal to hear their appeal of a court decision that upheld Boston's blunt wrap sales ban, as well as comments and questions made by the federal judge at the Nov. 9 hearing on their challenge to the Worcester ordinance.

Mr. Moore said he was told yesterday about the companies' decision to withdraw their case against the city.

Earlier this year, the City Council adopted a series of amendments to the city's tobacco control ordinance, including a ban on the sale of blunt wraps on the basis that it was a tobacco product presenting all the negative public health consequences of other tobacco products.

It was also believed that the product was associated with the consumption of controlled substances.

Mr. Moore said the city blunt wrap sales ban was modeled after a similar ban adopted by the Boston Public Health Commission in 2008.

He said the Boston ban was upheld by Suffolk Superior Court and, on appeal, by the state Appeals Court. On Dec. 1, he added, the state Supreme Judicial Court refused to grant a further appeal, leaving the Appeals Court decision in effect.

Because of the legal challenge to that provision of the city's tobacco control ordinance, Mr. Moore said, the city agreed in court to stay enforcement of the blunt wrap sales ban until after the court ruled on the legality of the Worcester ordinance.

He said the blunt wrap sales ban will take effect 30 days after the federal court accepts the companies' request for dismissal.

District 2 Councilor Philip P. Palmieri, chairman of the City Council Public Health Committee, said it was “great news for the city” and an important first step toward fully implementing all provisions of the tobacco control ordinance adopted by the council in April.

Mr. Palmieri, who was a leading advocate for the ban, said the companies' decision to drop their lawsuit is a vindication of the council's action.

“This is a first step in the process,” he said. “Obviously, now we anxiously await to hear from the court of other provisions of the ordinance we adopted. We are very hopeful that the court system will render a decision on those other aspects in the not too distant future.”

The four amendments to the city's tobacco-control ordinance adopted by the City Council impose greater restrictions on the sale and advertising of tobacco products.