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Staying In Business During COVID-19

April 16, 2020

Staying In Business During COVID-19

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.


What does this mean for vape shops?


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!


6 Responses

Connie Fulton
Connie Fulton

May 05, 2020

In small town, Lucedale, MS, our vape shops have been open since the start of this pandemic-with no problems!
We have a liquor store, and when I heard(from the start of this) that THAT was considered essential-I was shocked! But, happy the workers could still pay their bills!

Deborah Sweet
Deborah Sweet

April 30, 2020

I have kept my shop Nauti Vapes open in Key West. Although we are practicing social distancing by phone in orders and curbside pickup. It seems to be working and my customers are very happy I’m still open. And so am I.

JACKIE DODSON
JACKIE DODSON

April 30, 2020

i have said from the beginning of the pandemic that vaping is an essential businees due to the fact that those of us are replacing cigarette nic with vape nic. They are so quick to say vaping is the same as smoking and should be taxed the same as cigs. They can’t have it both ways. If cigarettes are essential then so should be vaping. They haven’t even looked into vaping at all they just want to tax it. I have been vaping since Mar. 1st 2011. I have asthma and my doctor is dumbfounded to check my lungs to find that they have never sounded better. I have not had a cigarette since that date. Buying online is at least half the price as in the vape shops, but I patronize the shops just help them out

Bridget Porter
Bridget Porter

April 24, 2020

I’m so happy that you’re using text messages to communicate with your customers. It makes a huge difference as a means to stay current with your specials, my orders and shipments. Thank you.

Ollie
Ollie

April 24, 2020

My local vape shop here in Fayetteville NC is open!! Several of them are! BUT……my favorite juice is not sold locally so I buy from ejuices and just recently placed an order!!!

Matthew Lewellen
Matthew Lewellen

April 24, 2020

Vape shops are most definitely essential to the health and well being of our citizens. I am a proud vape shop owner in Plains, PA. Our governor Wolf went beyond with only allowing “life sustaining” businesses to operate, closing a large portion of our state. There is no way the risk is near or worse coming into my one employee shop, one customer at a time to purchase juice. The alternative, still open are the convenience stores even if the don’t sell gas. So 8 people crowded in the store to buy Newports is way riskier than my shop. Plus those cigarettes kill, our juice does not. This needs to end soon. I am opening my shop back up May 1st with or without permission.

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