[.802] [bug?]Item Shop accessible from within enemy borders

When in unclaimed territory we can't access the item shop (message says must be in friendly territory).

First pic shows just outside enemy border (red -- enemy city is to the up/left) and shop is not accessible:

Next pic I moved due 'up' 1 tile, inside enemy borders, and the item shop icon in the lower left is lit and the shop is accessible:

Should enemy territory be considered 'friendly' for purposes of accessing the item shop?

Note my nearest territory is a ways to the left and I don't think I'd be inside it if there was no enemy city here (near as I can tell anyways...)