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He cites the death of Eric Garner at the hands of New York City police during an arrest on suspicion of selling loose untaxed cigarettes

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In writing the opinion for the majority, Judge David Leland, a former Democratic state representative who voted against the ban in 2022, wrote that the state law violated the home rule provision of the state constitution

The court also did not scrutinize the allegation that the Defendant engaged in a prohibited transaction by failing to hold the surcharges in trust, which is actually not a violation of the law, as explained below in the discussion of the second case