Neighborhood Market Association, Inc. v. County of San Diego

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 NEIGHBORHOOD MARKET Case No.: 20-CV-1124 JLS (WVG) ASSOCIATION, INC., and VAPIN’ THE 12 619, ORDER (1) DENYING PLAINTIFFS’ MOTION FOR PRELIMINARY Plaintiffs,

INJUNCTION AND (2) GRANTING

14 v. DEFENDANT’S MOTION TO DISMISS

COUNTY OF SAN DIEGO,

16 Defendant. (ECF Nos. 4, 12) 17 18 This Order addresses the constitutionality of a county ordinance that permanently bans the sale of flavored smoking products and temporarily bans the sale of electronic smoking devices in San Diego County. Specifically before the Court are Plaintiffs Neighborhood Market Association, Inc. and Vapin’ the 619’s (collectively, “Plaintiffs”) Motion for Preliminary Injunction (“Mot.,” ECF. No. 4) and Defendant County of San Diego’s (“Defendant” or “County”) Motion to Dismiss Plaintiffs’ Complaint (“MTD,” ECF No. 12). Also before the Court is the brief of Medical and Public Health…