The city council of San Francisco has issued an ordinance that pharmacies are not allowed to sell tobacco products. The intent is to eliminate mixed messages about a pharmacy, ostensibly devoted to healing people, selling unhealthy tobacco. But two companies are suing the city of San Francisco in federal court to overturn the ban. The first, Walgreens, is suing because only stand-alone pharmacies are affected by the ban – grocery stories and big-box stores with pharmacies are not affected. Their legal logic is that the tobacco sales ban is discriminatory toward stand-alone pharmacies, and they have a point. Whether it’ll hold up in court is another question (the federal judge refused to delay the ban, due to start on October 1, while the lawsuit is being heard), and one I’ll not even attempt to address.
The second company, Philip Morris, is suing using a totally different legal logic. They say it’s an unconstitutional abridgment of their First Amendment right to free speech. Full story »
by Nan Rhyner