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State of Vape: Vape Shops Fighting COVID-19 Restrictions

April 16, 2020 2 min read 4 Comments

State of Vape: Vape Shops Fighting COVID-19 Restrictions

The eLiquid.com team previously coveredwhether or not vape shops should be considered essential services. In the time of the coronavirus (COVID-19) pandemic, many businesses have been forced to shut their doors while essential services remain open. A San Antonio vape shophas fought to stay in business during COVID-19. It went as far as to sue the city for $100,000 and file a temporary restraining order against the city itself.

Mega Vapes sells not only vape products, but also CBD and consumer electronics. They have gone the legal route to fight for their very existence during the COVID-19 shutdown. According to Mega Vapes, their business is essential according to Texas Governor Greg Abbott’s executive orders, which are statewide and thus supersede the City of San Antonio’s local laws. The business has claimed that the City of San Antonio revoked their Certificate of Occupancy “on a whim” during the Stay Home, Work Home order.

“The City went even beyond revoking the Certificate of Occupancy order by threatening to disconnect service utilities, electric, gas, and water ‘due to risk of life,’” Mega Vapes said in their lawsuit. The business was cited by the City of San Antonio on April 1, April 3, April 4, and April 6. Mega Vapes has also said that the lawsuit would force them and similar businesses to go out of business if they are not able to operate. “The harm is irreparable if the restraining order is not granted because the plaintiff will be unable to operate its business and, once out of business, it will not be possible to reposition itself in the market. Especially since other similar businesses are permitted to operate,” they said.

 

What This Means For Vape Shops

Local laws and state laws can sometimes vary and even clash with one another. However, state laws take precedence over local laws in a state of emergency such as the COVID-19 pandemic. eLiquid.com also has said that if permitted by local and state laws, vape shops should be doing curbside pickup and delivery like many other businesses are doing. Many other vape shops could follow mega Vapes’ lead and assert that their business is also an essential business during this time.

The debate of what is and what isn’t an essential business will continue especially during the COVID-19 pandemic. One interesting oddity is that the state of Florida has deemed thatprofessional wrestling is an essential business. Additionally, alcohol and cigarettes are still being sold in grocery and convenience stores, which are also essential businesses. Vape shops are sometimes the only point of access for alternative nicotine products that assist people with their harm reduction journey and may need it more than ever especially during the COVID-19 pandemic.

 

Share your comments below with us. We’d like to hear your stories about your local vape shops and what they are doing in the time of COVID-19 to stay in business.


4 Responses

Mark L Macdonald
Mark L Macdonald

April 24, 2020

Vape shop’s here Pennsylvania have been deemed an essential business. I agree with that decision not only because I vape but if they can sell cigarettes in a convenience store and stay open that way then it should be the same for a vape shop.

Rebecca Baird
Rebecca Baird

April 24, 2020

One of our local vape shop owners have been meeting us elsewhere to deliver our merchandise. And has recently been delivering our products right to our home. We usually spend $80+ on each order. One order was $275. We try to order what we need for around a week or more to make it worth their while. They have been giving us really good deals. They don’t even charge us delivery to our home, even though we live more than 12 miles away from their closest retail location! I wish all business’s were so great to deal with. They realize that even though they’re going thru a hard time, that we are also, and try to give us the best deal possible. Usually can order with them over the phone or via text message and they will deliver our order within 48 hours or less. Sometimes even same day. So great to have a small business person that customer appreciative. There should be more people like them in the world.

Linda Hance
Linda Hance

April 24, 2020

I smoked over 50+ yrs. I switched to vaping 8yrs ago I haven’t torched a cigarette since I use 3nic my doctor even said my lung’s sound good vape products are essential especially during Coved 19

Marcie Monroe
Marcie Monroe

April 24, 2020

My local vape store initially did appointment curbside pickup. You called during a certain timeframe, placed your order and scheduled a pickup time. I ordered enough juice to get me into June because I wasn’t sure I would be able to come back or if they would be permitted to continue business if Los Angeles remains on stay at home status past May. But I as soon as I receive my stimulus money, I’m going back and getting a few more months worth as well as coils, if the shop is still able to sell on curbside pickup status. Otherwise I’ll have to order online and wait.

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