We previously covered on eJuices.com that there was a lot of debate over whether or not vape shops were considered essential businesses during the coronavirus (COVID-19) pandemic. We have a major update on this because a San Antonio vape shop has sued the city for $100,000 and filed a temporary restraining order to keep their shop open during these difficult times.
Mega Vapes sells vape products, CBD, consumer electronics and more, but has been forced to go the legal route to exist during the COVID-19 shutdown. Mega Vapes is claiming that their business is essential according to Governor Greg Abbott’s executive orders, which supersedes the City of San Antonio’s local laws. The business has alleged that the City of San Antonio has revoked its 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,’” according to the lawsuit. The City of San Antonio cited the business on April 1, April 3, April 4, and April 6. Mega Vapes spoke up by saying, “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.
It is not uncommon for local and state laws to clash, but typically state law will supersede local laws, especially during a state of emergency brought on by the COVID-19 pandemic. We previously mentioned that if permitted by local and state laws, vape shops should look into curbside pickup and delivery like many other businesses are doing. There may be more and more shops following Mega Vapes’ lead and asserting that they are an essential business.
Interestingly, the governor of Florida has declared that professional wrestling is an essential business . In addition, alcohol and cigarettes are still being sold in grocery stores and convenience stores. This once again leads to more and more confusion regarding what is an essential service and what isn’t. The eJuices.com team argues that vape shops are an essential business, namely because vaping is used by so many individuals across the country as an alternative to traditional smoking. We believe these adults may need access to their vaping products now more than ever due to the COVID-19 pandemic.
Let us know in the comments below if your local vape shop is going to challenge local laws so that they can continue to stay in business. We’d love to hear from the eJuices.com community!
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