ND0627123

Title: Judge Blocks RYO Taxes in Washington

Description: A Washington state judge has blocked the collection of roll-your-own cigarette taxes, just days after a similar New York bill died in a Senate committee.

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?OLYMPIA, WA ? Days after a bill to increase the tax collected on roll-your-own (RYO) cigarettes failed to gain ground in New York, a Washington state judge blocked the collection of taxes on RYO cigarettes, The Seattle Times reports.

Citing an initiative that makes it difficult for lawmakers to raise taxes, a Franklin County Superior Judge granted a preliminary injunction, ruling the upcoming tax (July 1) violated a voter-approved initiative that requires two-thirds of lawmakers to support a tax increase.

Earlier this year, the Washington Legislature voted for RYO cigarette stores to collect a 15-cents-per-cigarette tax, the same tax levied on packaged cigarettes. Explaining their vote, lawmakers said they were enforcing an existing tax (that the stores were trying to avoid taxes) and not creating a new one.

While two-thirds of state House members approved the increase, only 27 of 49 senators approved the change ?�far short of the two-thirds requirement.

?It is gratifying to see that the Washington courts have stepped in to protect the constitutional rights of small business owners and customers," said Chris Weiss, lead attorney for RYO Machine.

State officials said they are considering appealing the decision.

Content Subject: Operations

Formatted Article Date: June 27, 2012

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