SAFEWAY INC. v. City and County of San Francisco

ORDER GRANTING DEFENDANTS’ MOTION TO DISMISS WITH PREJUDICE

This lawsuit arises from the enactment of San Francisco Ordinance No. 194-08 (the original ordinance), as amended by San Francisco Ordinance No. 245-10 (the amended ordinance), San Francisco Health Code § 1009.01, which prohibits the sale of tobacco by any store within the City and County of San Francisco that contains a pharmacy. Defendants City and County of San Francisco, the Board of Supervisors for the City and County of San Francisco and Mayor Edwin M. Lee move to dismiss all of Plaintiffs claims. Plaintiff filed an opposition. The California Medical Association filed an amicus curiae brief in support of Defendants’ motion to dismiss and Plaintiff filed an opposition to it. The motion was heard on June 2, 2011. Having heard argument on the motion and considered all the papers filed by the parties, the Court grants the motion to dismiss, with prejudice.

BACKGROUND

The following facts are taken from Plaintiffs complaint and the documents attached to it and the documents of which the Court has taken judicial notice.

Plaintiff operates fifteen general grocery stores located in San Francisco, ten of which include…