Calif. Justices Wonder: Is Walgreens a Grocery Store?

March 11, 2010

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 panel appeared more interested in whether a drug store that sells food is really a grocery store that would be exempt. The local ordinance bans tobacco sales at drug stores but not at supermarkets or stores like Costco.