Last month, New Zealand scrapped a law that would have gradually prohibited tobacco products by banning sales to anyone born after 2008. But Brookline, a wealthy Boston suburb, will implement a similar scheme now that the Supreme Judicial Court of Massachusetts (SJC) has cleared the way.
Brookline’s bylaw, which bans sales of “tobacco or e-cigarette products” to anyone born after 1999, is unlikely to have much practical impact, since the town is surrounded by municipalities where such sales remain legal. But it reflects a broader transition from regulation to prohibition among progressives who seem to have forgotten the lessons of the war on drugs.
The local merchants who challenged Brookline’s ban argued that it was preempted by a state law that sets 21 as the minimum purchase age for tobacco products. They also claimed the bylaw violates the Massachusetts Constitution’s guarantee of equal protection by arbitrarily discriminating against adults based on their birthdates.
The SJC rejected both arguments in a decision published on Friday. The court concluded that state legislators had left local officials free to impose additional sales restrictions. And since birthdate-based distinctions do not involve “a suspect classification,” it said, Brookline’s bylaw is constitutional because it is “rationally related to the town’s legitimate interest in mitigating tobacco use overall and in particular by minors.”
The striking aspect of Brookline’s law, of course, is that it applies to adults as well as minors. It currently covers residents in their 20s and eventually will apply to middle-aged and elderly consumers as well.
Since anyone 21 or older who wants to buy tobacco or vaping products can still legally do so across the border in Boston, Cambridge, or Newton, Brookline’s ban looks more like an exercise in virtue signaling than a serious attempt to reduce consumption. The same could be said of the outright bans on tobacco sales that two other wealthy and supposedly enlightened enclaves, Beverly Hills and Manhattan Beach, enacted in 2019 and 2020, respectively.
The Beverly Hills ban makes exceptions for hotels and cigar lounges, and both cities border jurisdictions where tobacco sales are still allowed. But even as moral statements, these edicts are flagrantly illiberal, standing for the proposition that adults cannot be trusted to decide for themselves which psychoactive substances they want to consume.
Hellbound and Down 