LINDSEY v. TACOMA-PIERCE COUNTY HEALTH DEPT.

No. 98-35416.

195 F.3d 1065 (1999)

James R. LINDSEY; Sun Cha Lindsey, and and their marital community, Plaintiffs-Appellants, MBA, Inc., a Washington corporation; F I T S, LLC, a Washington limited liability corporation; San Jung Corporation, a Washington corporation, Plaintiffs, v. TACOMA-PIERCE COUNTY HEALTH DEPARTMENT, a Combined City-County Health Department; its Board of Health; Tacoma-Pierce County Board of Health; Federico Cruz-Uribe, Director of Health for the Tacoma-Pierce County Health Department in His Official Capacity; Brian Ebersole, in His Official Capacity; Francea McNair, in Her Official Capacity; Wendell Brown, in His Official Capacity; Karen Biskey, in Her Official Capacity; Leonard E. Sanderson, in His Official Capacity; David Sparling, in His Official Capacity; Robert W. Evans, in His Official Capacity, Defendants-Appellees, and County of Pierce; City of Tacoma, a municipal corporation, Defendants.

United States Court of Appeals, Ninth Circuit.

Filed November 19, 1999.


Attorney(s) appearing for the Case

Floyd Abrams, Cahill, Gordon & Reindel, New York, New York, Bradley S. Keller, Karen V. Chiu, Byrnes & Keller, LLP, Seattle, Washington, for the plaintiffs-appellants.

Clifford D. Allo, Tacoma-Pierce City Health Department, Tacoma, Washington, for the defendants-appellees.

Before: CANBY, BRUNETTI, and O'SCANNLAIN, Circuit Judges.


BRUNETTI, Circuit Judge:

In 1996, the Tacoma-Pierce County Health Department Board of Health adopted a resolution that bans outdoor tobacco advertising within Pierce County, Washington. The Board adopted the ban in an attempt to reduce underage tobacco use in the county. The Lindseys, owners of convenience stores who are licensed to sell tobacco products in the State of Washington, filed this action against the Board of...

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