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Holt's Cigar Company, Inc. v. City of Philadelphia

10 A.3d 902 (2011)

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Holt’s Cigar Company, Inc. v. City of Philadelphia

Pennsylvania Supreme Court

10 A.3d 902 (2011)

Facts

In 2007, the City of Philadelphia (city) (defendant) enacted an ordinance designed to prevent youth and others from purchasing cigars to empty and substitute with marijuana or other drugs. The ordinance banned the sale of flavored cigars and other tobacco products used by illicit-drug users; cigars and other tobacco products in quantities less than three; and single or flavored tobacco products within 500 feet of a school, recreation center, day care, church, or community center. The ordinance did not include a mens rea provision, so the mere sale of the banned items constituted a violation. Violators were subject to a fine of up to $2,000 and a revocation of their business-privilege license. Holt’s Cigar Company and other tobacco retailers (plaintiffs) sued the city, seeking a preliminary injunction against the ordinance’s enforcement and a declaratory judgment that the ordinance was preempted by the state’s Controlled Substance, Drug, Device, and Cosmetic Act (act).

Rule of Law

Issue

Holding and Reasoning (McCaffery, J.)

Dissent (Castille, C.J.)

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