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SCHWARTZ v. WASHINGTON COUNTY

No. A179834.

332 Or.App. 342 (2024)

Jordan SCHWARTZ, an individual; Jonathan Moran, an individual; Serenity Vapors, LLC, a domestic limited liability company; Torched Illusions, LLC, a domestic limited liability company; Belal Yahya, an individual; and Hookah Cafe, LLC, dba King's Hookah Lounge, a domestic limited liability company, Plaintiffs-Respondents, v. WASHINGTON COUNTY, a political subdivision of the State of Oregon, Defendant-Appellant.

Court of Appeals of Oregon.

May 1, 2024.

Attorney(s) appearing for the Case

John Mansfield argued the cause and filed the brief for appellant.

Tony L. Aiello, Jr. , argued the cause for respondents. Also on the brief was Tyler Smith & Associates, P.C..

Ellen F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor General, and Philip Thoennes, Assistant Attorney General, filed the brief amicus curiae for State of Oregon.

Steven C. Berman, Lydia Anderson-Dana, Stoll Stoll Berne Lokting & Shlachter P.C., and Dennis A. Henigan filed the brief amici curiae for African American Tobacco Control Leadership Council, American Cancer Society Cancer Action Network, American Heart Association, American Lung Association, American Medical Association, Campaign for Tobacco-Free Kids, Cascade AIDS Project, Kaiser Permanente, Oregon Coalition of Local Health Officials, Oregon Medical Association, Oregon Pediatric Society, Parents Against Vaping e-cigarettes, Truth Initiative, and Upstream Public Health.

Before Tookey, Presiding Judge, Egan, Judge, and DeVore, Senior Judge.

TOOKEY, P. J.

Reversed and remanded.

Defendant Washington County appeals a judgment permanently enjoining it from enforcing Washington County Ordinance (WCO) 878, which bans the sale and distribution of flavored tobacco and flavored synthetic nicotine products in Washington County. The trial court enjoined WCO 878 because...

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