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USA, by State · California
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Jump to full article: Law.com, 2010-03-11 Author: Kate Moser The Recorder
Intro: In a challenge to a San Francisco law that bans tobacco sales at drug stores, three California appeal court justices on Wednesday looked like they wanted to avoid ruling on Walgreens' constitutional argument that the city is violating equal protection rights.
Instead, the First District Court of Appeal panel appeared more interested in whether a drug store that sells food is really a grocery store that would be exempt.
The local ordinance, which took effect in 2008, bans tobacco sales in San Francisco at drug stores but not at supermarkets or stores like Costco. The city has contended that the sale of tobacco by health-promoting businesses sends a mixed message about cigarettes.
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