The owners of a Chicago convenience food store are suing the city of Chicago, claiming the city's ordinance restricing tobacco product sales near secondary schools is unfair.
Masfah Inc., the owners of Sherry's Food Mart, 162 W. Division St., filed suit on March 9 in Cook County Circuit Court.
Sherry's Food Mart is located within 500 feet of a secondary school, the complaint said.
In 2013, the city enacted an ordinance that barred retail establishments within 500 feet of a secondary school from selling flavored tobacco products, unless it is a retail tobacco store, the complaint said.
Masfah Inc. complains that, since the ordinance does not prohibit all flavored tobacco sales within 500 feet of a school and allegedly irrationally distinguishes tobacco retail stores from non-retail stores, it is in violation of the equal protection guarantees of the Illinois Constitution. The plaintiff is requesting the court declare the ordinance unconstitutional and prohibit the city from enforcing the ordinance.
The plaintiff is represented by attorney Francis Ostian, of Chicago.