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.

Court cases stemming from several deadly incidents in and around Central Kentucky neared their ends in July as defendants received their prison sentences.

These developments include a Lexington man sentenced for a 2022 shooting at the University of Kentucky fraternity party, as well as a man convicted of reckless homicide for a fatal shooting outside of a party.

Here are updates on court cases previously covered by the Herald-Leader.

Man charged in UK frat shooting sentenced

A Lexington man at the center of a shooting investigation on University Avenue that left 11 University of Kentucky students injured was sentenced to nine years in prison.

Jason Almanza-Arroyo, 21, was sentenced on July 26, for charges of second-degree assault, multiple counts of second-degree wanton endangerment, and first-degree wanton endangerment. He was ordered by Fayette Circuit Judge Kimberly Bunnell to serve nine years in prison and $4,000 in restitution.

He pleaded guilty to amended charges on June 10, according to court documents.

Almanza-Arroyo was originally charged with 10 counts of second-degree assault and other offenses after he allegedly fired a shot that injured 11 people in September 2022. He was 19 at the time of the shooting.

One person was wounded by the bullet and 10 others were hit by shrapnel and debris from the shot, according to court records.

Other charges included wanton endangerment, public intoxication, disorderly conduct, assault on a police officer and felon in possession of a handgun.

Man sentenced for after reckless homicide convicted

A Lexington man found guilty of reckless homicide for his involvement in the death of a man he admittedly shot outside a party in 2022, was sentenced to prison earlier this month.

Woody LaPierre, 31, was charged with murder in connection with the death of a 25-year-old Nigerian man, Adetokunbo “Tomi” Okunoye. LaPierre’s trial concluded in early June.

Court testimony revealed LaPierre and Okunoye were at a party together the night of the shooting, and the two men were alleged to have engaged in a verbal argument before shots rang out.

LaPierre’s testimony painted Okunoye as the main aggressor in the dispute and he tried to scare off Okunoye multiple times before firing the fatal shot from a gun he didn’t know was loaded. LaPierre said Okunoye was bigger than him and afraid he could inflict serious physical injury on him.

A jury recommended a sentence of five years for LaPierre. Fayette Circuit Judge Dianne Minnifield upheld the jury’s suggestion at a sentencing hearing on July 12.

Man pleads guilty to amended charges in 2017 homicide

A third suspect involved in a shooting that killed a Lexington man in 2018 has pleaded guilty to amended charges and is now awaiting sentencing.

Garren Anderson, 23, pleaded guilty earlier this month to complicity to manslaughter, attempted murder, robbery, burglary, and tampering with physical evidence. He faces a recommended sentence of 17 years, according to court documents.

Anderson is one of five suspects charged in connection to the death of 29-year-old Charles Shryock, who died from a gunshot wound in 2017.

Anderson originally faced 17 charges in connection to Shryock’s death, including complicity to murder, attempted murder, two counts of complicity to robbery, complicity to burglary, fleeing police, tampering with evidence, buying or possessing drug paraphernalia, giving false information, and criminal mischief.

As part of his plea deal, five of his charges were dismissed and two were amended, according to court documents. His sentencing is scheduled for Aug. 18.

Mississippi man convicted of manslaughter sentenced for crimes

A Mississippi man convicted of second-degree manslaughter by a jury on July 11 was sentenced to 10 years on July 15.

Bobby Hubbard, 24, was originally charged with murder for allegedly killing Doricky Harris at a Coolavin Apartment on West Sixth Street in September 2022.

But a jury found Hubbard guilty of a lesser charge, manslaughter, after defense attorneys argued it was a case of self-defense.

Harris’ girlfriend, Jada Richardson, testified at trial she called Hubbard and told him Harris had assaulted her and fired shots earlier that day. Richardson allegedly asked Hubbard to come pick up her and her child and take her to her sister’s house in Georgetown, fearing for her safety.

Richardson told Hubbard to come armed, Whitney Kirk, Hubbard’s attorney, said.

When Hubbard arrived he was told Harris was armed and dangerous, according to Kirk. He went to Richardson and Harris’ apartment to retrieve baby formula and a car seat while legally armed with a gun. When Hubbard entered the residence, his attorneys claimed he was attacked by Harris.

By Steve Flairty
NKyTribune columnist

People who adore our state give an assortment of reasons. They mention things like the beauty of its landscape, the goodness of its people, its miles of running fresh water and state parks, the birthplace of Abraham Lincoln, a reasonable cost of living, and the state’s usually moderate weather. That is only a start. Read most any of my Kentucky by Heart columns for more.

But in the spirit of “we can always do better,” I checked to discover what one added thing Kentucky lovers think would make their great Bluegrass state even greater. Many contributed and many offered quite compelling ideas.

A whole slew of responses involved improving the state’s education system and the economy of Eastern Kentucky.

Tracy Whitaker, of Lexington, had a more specific education suggestion. “Kentucky needs to get on board with developmentally appropriate practice in education of young learners. Kindergarten is a good start, but early education really goes all the way up to age 8. If we can fix that, a lot of the later issues with learning and behavior would melt away.”

Lexington resident Autumn Barber suggested emphasizing technical schools in the mining towns of southeastern area of the state “to teach new vocations and improve standards of living (and) perhaps with computer tech concentration.”

In her role as a public educator in the Kenton County district, Cyndee Banta believes that “we need to be pouring into our next generation with quality resources. If we could quit arguing in the political realm and just think about what would move our state forward. It’s educating the youth so that they can sustain our economy and move us forward.”

Author/editor David Miller, of Lexington, would “require that net tax proceeds from any extractive industry, including “data mining” for cryptocurrency, go exclusively to public education, making us a national leader in per-pupil spending and teacher satisfaction.”

A resident of Letcher County, Shad Baker would like to see Kentucky be a bit more like other states having “a distribution of investment spread across their state.” He notes that Kentucky has its investments and resources limited to a few urban areas. “This has led to poverty and depopulation in other areas,” he said.

Along with that, Shad, a strong advocate for hiking in the Eastern Kentucky mountains, wants litter cleaned up in the state. “We need a program to systematically eliminate all litter from the head of every tributary and road to the Mississippi,” he explained.

Steve Flairty is a teacher, public speaker and an author of seven books: a biography of Kentucky Afield host Tim Farmer and six in the Kentucky’s Everyday Heroes series, including a kids’ version. Steve’s “Kentucky’s Everyday Heroes #5,” was released in 2019. Steve is a senior correspondent for Kentucky Monthly, a weekly NKyTribune columnist and a former member of the Kentucky Humanities Council Speakers Bureau. Contact him at sflairty2001@yahoo.com or visit his Facebook page, “Kentucky in Common: Word Sketches in Tribute.” (Steve’s photo by Ernie Stamper)

Jeff Spilman, a former Campbell resident now living in Florida, also wishes better things for Eastern Kentucky’s economy. “My hope is that the next governor focuses on bringing industry there. It can be done. It just takes a focus on education so that businesses will want to be there.”

Lydia Jacobs, a retired teacher living in Pippa Passes, in Knott County, believes getting rid of a negative assumption will spur a positive result. “I think the elimination of the ‘Winchester Wall’ in the minds of Kentuckians would be beneficial to the state,” she said. “The belief that Kentucky ends at Winchester should be replaced by ‘Eastern Kentucky: Land of Opportunity.’ There are so many opportunities there for tourism, manufacturing, and other things.”

Gayle Deaton is another lover of her native Kentucky mountains, and she suggests “more funding for rails-to-trails and other recreational developments.” And Rachel Njenga, resident of Nicholasville, likewise hopes for “opportunities for growth and learning in counties like Owsley,” her native land.

Frankfort resident Miche Branscum suggests Kentucky needs to expand broadband access. “This alone would bring increased educational and earning power to rural areas,” she stated. “I completed a degree 100% per cent virtually and have worked remotely since 2017 in fields that would not have been available to me in a traditional in-office setting based on my geographical location.”

When she moved from Lexington to Trigg County, Jayne Moore Waldrop, an author, cited trouble with internet access. She wonders how school children can learn remotely under those circumstances and hopes those issues will be remedied.

Improved overall literacy is a key need and the training needs to start even before birth, emphasized Stephanie Brown, who lives in Webster County. She suggested “classes to promote and help new mothers read with their babies,” she said. “Would also love to see more bookstores and Little Free Libraries.” She also mentioned integrating more traveling storytellers into communities around Kentucky.

And what about our vaunted state park system? Several of them need renovating, according to Cynthiana resident Evonne Blackburn. “These are some of our biggest tourist attractions, and should be kept up to date,” she said.

And the health of Kentucky’s citizens? Bettie Ockerman, a retired nurse, wishes for “adequate health care in isolated areas. Many patients must come to Lexington for providers, treatment, and hospitalization.”

Along with Bettie’s concerns for the health of Kentucky’s citizens, Debby Morgeson, of Independence, would like to see “better and more manageable coverage for the disabled… aides, equipment, and assistance in purchasing a handicap vehicle.”

Connie McDonald, of Nicholasville, wants to “improve support for those who care for the elderly at home, and improve quality of nursing home care.”

Here’s a list of other “make Kentucky greater” mentions:

And on the humorous side, Ramon Greene, Keven Greene, and Mig Feuser all would like to have ocean beaches in Kentucky. Joyce Burnette longs to “keep our outdoor beauty, all the while removing the allergens from the pollen… dreaming, I know.”

Looking over the responses, it seems we have common views on many things and, for sure, a common love for Kentucky with a desire to improve it.

Let’s get started.