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Source and Scope of Public Health Legal Powers

CA Smoke & Vape Association, Inc v. County of Los Angeles


CA Smoke & Vape Association, Inc. v. County of Los Angeles (U.S. District Court, Central District of California, August 7, 2020): A California district court found no due process claim where plaintiffs, CA Smoke & Vape Association Inc. and Ace Smoke Shop, could not obtain necessary tobacco retail licensing amid the COVID-19 emergency. At issue is Los Angeles County Code § 11.35, which regulates the sale of tobacco and imposes licensing requirements. The smoke shops argued the County was unable to process applications during the epidemic, preventing satisfaction of the code’s requirements after May 1, 2020. The court rejected their due process claim because they did not have a property interest in obtaining a business license. The court dismissed the complaint with prejudice. Read the full opinion here.  

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