Safeway Can't Snuff San Francisco Tobacco Sales Ban

Law360, New York (July 18, 2011, 5:22 PM EDT) -- A California federal judge on Friday upheld San Francisco's ban on tobacco sales at any store that contains a pharmacy, striking down the most recent constitutional challenge to the ordinance brought by grocery store chain Safeway Inc.

In dismissing with prejudice Safeway's suit over the city ordinance, U.S. District Judge Claudia Wilken ruled that the measure did not represent an unconstitutional restriction of the grocer's right to conduct business and compete with other grocery stores not impacted by the ban because the city had a “reasonable...
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