Sherwin-Williams Co. v. City of Los Angeles

LUCAS, C. J., Dissenting.

The Legislature has expressly declared that it intended Penal Code section 594.1 (all further statutory references are to this code unless otherwise indicated) to preempt “all local government regulations relating to sales and possession of aerosol containers of paint larger than six ounces . . . .” (Stats. 1981, ch. 1125, § 2, p. 4405.) The majority opinion concludes this uncodified statute does not preempt Los Angeles Municipal Code section 47.11, which purports to regulate the display for sale of aerosol paint containers in Los Angeles County. Because I believe the…