BROOMFIELD, CO – Greetings from the 2015 Smoker Friendly Conference and Tobacco Festival! Held on August 21 in Colorado, this year’s event provided a laser-focused education on tobacco products and issues, pending legislation and regulations at the federal, state and local levels. At the event, NACS and other trade associations were recognized for supporting the rights of retailers to sell legal tobacco products responsibly.  

What struck me at the opening of the conference is that smokers are truly a class of American citizens that face discrimination. They suffer through smoking bans, constant tax increases and the scorn of non-smokers. This summer, the same week that the U.S. Supreme Court ruled in favor of same-sex couples legally marrying, the legal age to purchase tobacco in Hawaii was increased from 18 to 21. So two 20-year-old men could marry (as well as vote and enlist in the military) but not be able to purchase cigars to celebrate the happy occasion.

City and health officials in Boulder, Colorado, are encouraging condominium owners to petition their home-owners associations to enact smoking bans in any dwelling within the complex. These bans would mean that condo owners who smoke could no longer smoke legal tobacco products in the privacy of their own homes. Funny, the initiative doesn’t include a ban on marijuana smoking in condominiums, just tobacco. 

Operation Choke Point, an initiative announced in 2013 by the U S. Department of Justice, is investigating banks in the United States and the business they conduct with payment processors, payday lenders and other companies believed to be at a higher risk for fraud and money laundering. In reality, Operation Choke Point allows the government to pressure the financial industry to cut off a business’s (that the government disproves of) access to banking services, without first showing that the targeted companies are violating the law.

The initiative targets businesses that sell pornography, prostitution and illegal scams of any type, which makes sense. However, Operation Choke Point also can be used to target legitimate sellers of tobacco and lottery products. While unlikely, convenience and fuel retailers could have their bank accounts terminated amid alleged increased scrutiny by federal regulators.

Among those outraged over this initiative are bankers, Congress and former FDIC Chairman William Isaac.  While the outcry lead to the FDIC directing financial institutions not to decline providing banking services this past January and instead take a "risk-based approach" in assessing the overall business they serve, Operation Choke Point is yet another way smokers and legitimate business that sell smoking and tobacco products are being discriminated against—and reports of continued termination of services to legitimate businesses continue.

Here’s one bright spot where Americans have shown that enough is enough: In November 2014, the Board of Health of Westminster, Massachusetts, sought to become the first municipality in the United States to ban the sale of cigarettes, e-cigarettes, cigars and chewing tobacco. Board Chairman Andrea Crete authored this plan. While tobacco products account for a small portion of sales at Westminster retailers, the concern was not just about the loss of tobacco sales, but a loss in sales of other items people often buy when they purchase tobacco products. Needless to say, a town hearing was cut short by the objections of residents, who were not smokers or fans of tobacco products, but were even more incensed about the loss of personal freedoms, individual rights and liberty. The plan was voted down amid the objections of Crete, who was also voted off the board by a 10-1 vote. Score one for personal freedoms.

So what does all of this mean? Retailers must be diligent in their communities to ensure the rights of all Americans are protected.

Michael Davis is the vice president of member services at NACS. He can be reached at mdavis@nacsonline.com.

Editor’s Note: Given recent activities by the U.S. Food and Drug Administration relating to the sale of tobacco and tobacco-related products, hear how these regulations will affect your business at the NACS Show educational session, “Vapor Smoke and Mirrors: Making Sense of the FDA Tobacco Regulations.” Register today!