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ANTI-SMOKING ALLIANCE v. TACOMA-PIERCE

No. 52458-9-II.

464 P.3d 1205 (2020)

ANTI-SMOKING ALLIANCE dba Pink Lung Brigade, a Washington non-profit corporation, Respondent, v. TACOMA-PIERCE COUNTY DEPARTMENT OF HEALTH AND HEALTH BOARD, a division of Pierce County and the City of Tacoma; and Victoria Woodards, Rick Talbert, Pat McCarthy, Pat Johnson, Connie Ladenburg, Marty Campbell, Stephen Cook, M.D., Derek Young, Keri Rooney, Largo Wales, Jim McCune, Lauren Walker, and Mark Grubb, M.D., Tacoma-Pierce County Health Board members in their official and individual capacities, Appellants.

Court of Appeals of Washington, Division 2.

Filed June 2, 2020.

Attorney(s) appearing for the Case

Lori Marie Bemis , McGavick Graves, 1102 Broadway, Ste. 500, Po Box 1317, Tacoma, WA, 98401-1317, for Appellant.

Thomas T. Osinski Jr. , Osinski Law Offices PLLC, 535 Dock St., Ste. 108, Tacoma, WA, 98402-4629, Eric Timothy Krening , Law Office of Eric T. Krening, 535 Dock St., Ste. 108, Tacoma, WA, 98402-4629, for Respondent.

¶ 1 The Tacoma-Pierce County Board of Health adopted regulations regarding "Restrictions on the Use of Vapor Products."1 These regulations included restrictions on tasting and sampling in retail stores, as well as a ventilation requirement if in-store tasting...

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