First, it was banning tobacco sales in drug stores. That move brought legal problems and ultimately The City lost in an appeals court where it was ruled the law violated equal protection rights afforded under the U.S. Constitution for an exemption in the ban that allowed grocery chain stores and big box stores with pharmacies onsite to sell tobacco products.
The “legislative fix” to this legal battle was introduced by Supervisor Eric Mar. It is to expand the ban and remove the exemption. The Board of Supervisors is set to vote on the legislation Tuesday during its 2 p.m. meeting.
