Kentucky
Kentucky judge dismisses lawsuit challenging a new law to restrict the sale of vaping products
FRANKFORT, Ky. (AP) — A measure passed by Kentucky lawmakers to restrict the sale of vaping products has been upheld by a judge who dismissed a lawsuit that claimed the new law was constitutionally flawed.
The action by lawmakers amounted to a “legitimate state interest” and was “well within the scope of the General Assembly’s police power over the health and safety” of Kentucky citizens, Franklin County Circuit Judge Thomas Wingate said in his ruling Monday.
Under the measure, vaping products not granted authorization by the Food and Drug Administration would be kept out of Kentucky stores in what supporters have promoted as an effort to reduce youth vaping. It would have no impact on FDA-authorized products or those that come under the FDA’s safe harbor rules, supporters have said.
The measure won passage this year in the state’s Republican supermajority legislature and was signed by Democratic Gov. Andy Beshear. The law takes effect at the start of 2025.
Opponents including vape retailers immediately filed the lawsuit challenging the legislation. During the legislative session, lawmakers opposing the measure called it an example of government overreach. Vape retailers warned the restrictions would jeopardize their businesses.
The suit claimed the measure was unconstitutionally arbitrary, an argument rejected by the judge. Wingate sided with arguments from the law’s defenders, who said the regulation of vaping products is a proper subject for legislative action since it deals with the health and safety of Kentuckians.
“The sale of nicotine and vapor products are highly regulated in every state, and the Court will not question the specific reasons for the General Assembly’s decision to regulate and limit the sale of nicotine and vapor products,” the judge said.
“The regulation of these products directly relates to the health and safety of the Commonwealth’s citizens, the power of which is vested by the Kentucky Constitution in the General Assembly,” he added.
Plaintiffs also claimed the measure violated a state constitutional provision limiting legislation to only the subject expressed in its title. They said the title dealt with nicotine-only products while the legislation contained references to products of “other substances.” In rejecting that argument, the judge said the title “more than furnishes a clue to its contents and provides a general idea of the bill’s contents.”
Republican state Rep. Rebecca Raymer has said she filed the measure in response to the state’s “vaping epidemic” and, in particular, complaints about how rampant vaping has become in schools. In a release Tuesday, Raymer said she was pleased with the ruling.
“If a product can’t get authorized or doesn’t fall under the FDA’s safe harbor rules, we don’t know if the ingredients are safe, where they’re from or what impact they will have on a user’s health,” she said.
Kentucky Attorney General Russell Coleman’s office defended the measure. The ruling reaffirmed that the legislature is empowered to make laws protecting Kentuckians’ health, Coleman said Tuesday.
A group representing Kentucky vape retailers did not immediately respond to an email seeking comment.
Kentucky
Fayette County school board chair, KEA sue to block Kentucky law that would oust current members
LEXINGTON, Ky. (LEX NEWS) — Fayette County Board of Education Chair Tyler Murphy and the Kentucky Education Association have filed a lawsuit challenging a newly enacted Kentucky law that would overhaul the governance structure of Fayette County Public Schools and force all current board members out of office at the end of 2026.
The lawsuit names the Commonwealth of Kentucky, the Fayette County Board of Elections and Fayette County election officials as defendants.
At the center of the legal challenge is Senate Bill 4, which lawmakers passed over Gov. Andy Beshear’s veto earlier this year.
Under the law, the seven-member Fayette County Board of Education would be reduced to five district-based seats, the lawsuit reads. The terms of all current board members would end Dec. 31, 2026, and new elections would be held for the restructured board.
The lawsuit argues the law is unconstitutional and asks the court to block its implementation, including any election-related actions tied to the measure.
Court filings contend the legislation unlawfully targets a single school district and interferes with the terms of duly elected local officials. Plaintiffs also argue the law violates provisions of the Kentucky Constitution governing local elections and public officeholders.
Attorneys included exhibits detailing criticism of Murphy and Fayette County Public Schools leadership from state lawmakers, including a petition seeking Murphy’s removal and a letter from state Sen. Chris McDaniel calling for the resignations of Murphy and Superintendent Demetrus Liggins.
The lawsuit seeks a declaration that the law is invalid and requests expedited review from the court due to upcoming election deadlines.
No hearing date had been announced as of Wednesday.
The lawsuit comes as Fayette County Public Schools continues to face scrutiny over budgeting decisions, district spending and governance issues that have drawn attention from state lawmakers over the past year.
In a statement, Representative Matt Lockett criticized Murphy as he highlighted what he stated are district failures under Murphy.
“This lawsuit is nothing more than an attempt to distract from the disaster that Fayette County Public Schools is under Tyler Murphy’s leadership as board chair. Under his watch, the district has spiraled into a financial crisis so severe that it is now seeking to borrow up to $110 million simply to keep the lights on and make it through the school year. Students have been failed. Families have been failed. Teachers and staff have been failed. Taxpayers have been failed. And the Lexington community has been left paying the price for years of mismanagement and poor oversight.
Rather than taking responsibility for the district’s financial failures and focusing on what is best for students, he has chosen to file a lawsuit challenging a law that was duly passed by the General Assembly and enacted through the constitutional process. He may be emboldened by recent rulings by activist judges, but there are no legitimate grounds for overturning a duly enacted statute simply because you can’t do the right thing by this community. The General Assembly has both the authority and the responsibility to establish standards for public offices and governance structures across the Commonwealth.
At a time when Fayette County schools are facing unprecedented financial turmoil, the focus should be on accountability, transparency, and fixing the problems that have brought the district to this point. The only filing Fayette County taxpayers should be expecting from Mr. Murphy is his resignation.”
LEXINGTON, Ky. (LEX 18) — An Ebola outbreak in the Democratic Republic of Congo and Uganda has been causing fear around the world, and a Lexington doctor is preparing in the event a case is found in Kentucky.
According to the CDC, there have been 49 deaths and over 300 confirmed cases across the two countries, with more suspected cases still being investigated.
UK Healthcare is working to become a Level 2 Special Pathogen Treatment Center through the National Special Pathogen System, which would allow the facility to treat Ebola patients in-house.
Dr. Nicholas Van Sickels, an infectious disease physician at UK Healthcare, said the current outbreak is serious, but Kentucky residents are not at significant risk.
“Ebola scares people just because of the mortality, the death rate, associated with it and some of the long term consequences when you do survive. Fortunately, the strain that we’re seeing in Eastern (Democratic Republic of Congo) is thought to be not as deadly, but either way it’s a very serious disease. It carries a lot of stigma and fear,” Van Sickels said.
Here in Kentucky, however, is a very safe environment, Dr. Van Sickels said.
Currently, Dr. Van Sickels says UK Healthcare operates as an assessment hospital, meaning it can evaluate patients with symptoms who have traveled to regions with active outbreaks, coordinate testing with the state, and transfer patients to higher-level care centers if needed.
Once the Level 2 designation is complete, UK Healthcare will be the only facility in Kentucky with that capability.
“We’re the only facility in Kentucky that is able to have a level 2 designation once we finish this grant award and get approved,” Dr. Van Sickels said.
In January 2026, UK Healthcare received a grant from the National Emerging Special Pathogens Training and Education Center (NETEC), the governing body of the National Special Pathogen System.
“It’s approximately half a million dollars to transform our institution,” Van Sickels said.
The funding has been used to run simulation drills in coordination with Lexington Fire, EMS, and the state health department. The grant also enabled UK Healthcare to upgrade its protective outerwear, with all seam points covered to provide additional protection. Ebola is transmitted through bodily fluids.
During a recent site visit and simulation, evaluators identified vulnerabilities in the facility’s previous protective suits.
“When we had our site visit and had our stimulation, for example, they said that the seams that we had on our old suits, you could pull and stretch, and that they were rather porous,” Van Sickels said.
Van Sickels had been working on the preparedness project since the beginning of the year.
Citing lessons learned from the 2014 West Africa Ebola epidemic, which spread to the U.S. and resulted in 4 cases and 1 death.
“Ebola 2014 taught a lot of hospitals in the US about high consequence infections, established what is now NETEC, the educating body for our country, uh, about high consequence pathogens,” Van Sickels said.
“We’re constantly wanting to push preparedness, uh, because that is the key to success in evading further outbreaks,” Van Sickels said.
UK Healthcare expects to complete its Level 2 Special Pathogen Treatment Center designation by the end of summer.
The Kentucky Wildcats have had some fits with West Virginia over the past few days, as the baseball team was sent home by the Mountaineers on Monday night. Now, they have flipped a Wildcat commit.
Bryian Duncan Jr., a Cario, Georgia native, committed to the Wildcats in March and has now flipped to West Virginia. The 3-star running back had a recent visit to Morgantown, then announced his commitment to the Mountaineers.
Duncan, a 5-foot-9 player who can play out wide and at running back, is the No. 60-ranked ATH in the nation and the No. 89 player in Georgia, according to 247 Sports. He’ll play in the Big 12 with the Mountaineers, giving himself a good opportunity to become a true gadget guy with legit speed.
This isn’t a big disappointment for the Wildcats, as they’ll collect nearly 10 commitments as the summer rolls on and already have a pretty loaded RB room for the class of 2027. Kelsey Gerald and Mason Ball are two tailbacks who have already pledged their commitment to the program.
Head coach Will Stein and Co. have been stellar on the recruiting trail as they have the 13th-best class overall and the fourth-ranked class in the SEC, according to 247 Sports. Expect the Cats to pick up a few more commits here soon and rise in the rankings.
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