What’s the Law Got to Do With It? How and When to Work with Lawyers for Policy Change National Conference on Tobacco or Health San Francisco 11/20/02.

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Presentation transcript:

What’s the Law Got to Do With It? How and When to Work with Lawyers for Policy Change National Conference on Tobacco or Health San Francisco 11/20/02

Session Overview Legal threats can jeopardize local policy campaigns Attorneys can provide valuable input on risks, strategies, etc. Attorneys are only one voice Community organizers should make campaign decisions, once risks known

Session Overview 4 speakers on: –What types of help attorneys can provide –How attorney input is used in community campaigns –How to find an attorney

What is TALC? Funded by California tobacco tax Began in late 1997 Serves California 4.3(+) attorneys, 2 support staff –Public health training or experience –Able to work with community members –Understand political process

Scope of Technical Assistance Began with tobacco advertising questions Other issues emerged: –Licensing- Divestment –Sponsorship- Self-service displays –MSA- Secondhand smoke –Land use- Enforcement About 750 technical assistance calls annually on 22+ topics

Role of Legal Technical Assistance Develop model ordinances Interpret court decisions Research existing laws Research new policy options with community Provide TA and training Help defend ordinance

Role of Legal Technical Assistance TALC model policies are: –Legally defensible –Flexible –Understandable –Responsive to community needs TALC works to prevent lawsuits by –Equipping advocates with sound legal tools and –Educating decision-makers regarding legal limits

Role of Legal Technical Assistance Offer objective information –Give the good news and bad news –Maintain credibility across target audiences Provide analysis of various strategies –Develop options for advocates... –Especially if there is bad news No lobbying or testimony

Training and Education Train-the-Trainer Model Legal Team TALC Attorneys Advocates/ Municipal Attorneys/ Elected Officials Coalition Members

Who Initiates Contact? CBO’s or health departments –want to propose legally defensible ordinance –tobacco industry threatens to challenge proposed ordinances City/County Attorney –check-out legality for jurisdiction –ask questions about another city’s suit

CA Successes Smoke-free workplaces and bars Local ordinances to: –Ban self-service displays (119) –License tobacco retailers (30) –Restrict location of tobacco retailers (6) –Restrict tobacco ads (44) Divestment of state retirement funds (CalPERS & CalSTRS)

Law in a Political Context Lawyers provide legal structure Community organizers provide strategy and media campaign Coalitions and grassroots activists provide the political will and lobbying

Contact Info Leslie Zellers, J.D. Technical Assistance Legal Center th Street, Suit 810 Oakland, CA