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Two council members voted against the measure, arguing that while they agree with the intent, they think it contradicts a 1993 state law that prevents communities from adding tobacco regulations. However, Angela Clock, executive director of Tobacco-Free Michigan, said at a recent Ann Arbor City Council meeting that the 1993 law places limits on how tobacco distributors are regulated rather than on retail sales.
"So, this ordinance would not fall under there, because this regulates retail sales of tobacco," Clock said.
There is some concern that the State of Michigan will take the city to court over this ordinance, presuming that the 1993 law does, in fact, prevent this law from working.
Supporters of the ordinance say that they would welcome the chance to challenge the state in court over this, arguing that the laws may need to change, and that they’re happy to be the first into the fight. There is a growing movement that argues, based on scientific evidence, that keeping tobacco out of reach of minors is easier with a purchasing age of 21. This would put tobacco on parity with alcohol, for which the legal age is 21, and that age restriction has seen little organized resistance.
The law could impact local businesses in the short term, and some have argued that people age 18 and over could just go buy tobacco in another city, but supporters don’t seem to be bothered by this. Ann Arbor is part of Metropolitan Detroit, which is a massive block of neighboring communities, and getting to another city is not very difficult, though not necessarily all that convenient.
For the city of Ann Arbor, this law is more about sending a message and trying to be a leader in the state.
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