Six Brothers, Inc. v. Town of Brookline
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In 2018, the Massachusetts Legislature enacted the "Tobacco Act," which prohibited the sale of tobacco products to anyone under 21 years old. The town of Brookline later passed an ordinance that divided potential tobacco consumers into two groups based on birth year: those born before January 1, 2000, and those born on or after that date. Retailers could sell tobacco products to the first group, but not the second. This effectively created an incremental prohibition on the sale of tobacco products in the town. Several retailers filed a lawsuit, claiming that the local law was preempted by the Tobacco Act and violated the equal protection provisions of the Massachusetts Constitution.
The Massachusetts Supreme Judicial Court held that the local law was not preempted by the Tobacco Act. The court reasoned that the Tobacco Act expressly permitted local communities to limit and ban the sale of tobacco products. Furthermore, the local law did not conflict with the Tobacco Act's prohibition on sales to persons under 21; instead, it augmented this prohibition by further limiting access to tobacco products.
The court also held that the local law did not violate the equal protection guarantees of the state constitution. The court found that the birthdate classification in the local law was rationally related to the town's legitimate interest in mitigating tobacco use, especially among minors. The court affirmed the dismissal of the retailers' complaint.
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