California Restaurant Ass'n v. City of Los Angeles

Opinion

DEVICH, J.

This appeal presents the question of whether the doctrine of preemption precludes the City of Los Angeles from enacting an ordinance that requires the posting of health warnings, wherever alcoholic beverages are sold, cautioning that drinking alcohol during pregnancy can cause birth defects. We hold that the doctrine of preemption does not apply and affirm the trial court’s judgment rejecting a preemption challenge.

Fetal Alcohol Syndrome Ordinance

On June 11,1986, Los Angeles Municipal Code section 46.80 was enacted unanimously by the city council as Ordinance No. 161361…