U.S. OIL, INC., d/b/a Express Convenience Center, Enge's Beer & Liquor, EZ Mart, Farrell's Red Owl, Lauer's Food, Inc., Lauer's Food Mart, Inc., Ma & Pa's Grocery Express, Merwin Fuel Mart, QSO, Inc., Stop n Shop Food of Fond Du Lac, Inc., and Warra Enterprises, Inc., Plaintiffs-Respondents,
v.
CITY OF FOND DU LAC, Defendant-Appellant.
Court of Appeals of Wisconsin.https://leagle.com/images/logo.png
Oral argument November 22, 1995.
Decided January 10, 1996.
Attorney(s) appearing for the Case
On behalf of the defendant-appellant, there were briefs and oral argument by James A. Flader, assistant city attorney.
On behalf of the plaintiffs-respondents, the cause was submitted on the brief of Thomas L. Shriner, Jr. and Michael B. Brennan of Foley & Lardner of Milwaukee. There was oral argument by Thomas L. Shriner, Jr.
On behalf of the City of Fond du Lac, there was a brief filed by Maria K. Myers and James M. Jorissen of Davis & Kuelthau, S.C. of Milwaukee. There was oral argument by James M. Jorissen.
On behalf of the League of Wisconsin Municipalities, there was a brief filed by Claire Silverman of Madison.
On behalf of Petroleum Marketers Association of Wisconsin and Wisconsin Association of Convenience Stores, the cause was submitted on the brief of Jon P. Axelrod and Stephen A. DiTullio of DeWitt Ross & Stevens S.C. of Madison. There was oral argument by Jon P. Axelrod.
Before Anderson, P.J., Brown and Snyder, JJ.
Court of Appeals of Wisconsin.
BROWN, J.
The City of Fond du Lac has enacted an ordinance aimed at curtailing the ability of area teenagers to get tobacco products. In particular, the ordinance bans self-service displays that enable consumers to access single packs of cigarettes without merchant assistance. This effectively means that all single packs of cigarettes must pass through the retailer's hands before the customer gets possession. We hold, however...
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