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Banning Vape Shops Near Church Won’t Stop Kids From Vaping
A perspective from Elijah Gullett
State and local governments across the US are cracking down on small vape shops. This is a bad deal for entrepreneurship, public health, and individual liberty.
Juul, the leading company creating nicotine-based vapor products (or e-cigarettes), has been in the news recently. The FDA took Juul off the market, banning it from legally selling its products. This directive was stayed by the DC district court, so Juul can still sell their product, but its legal future remains in limbo.
While the federal government is taking strong actions against Juul, another battle over e-cigarettes is happening at the state and local level. States and localities across the US have begun placing limits on where “vape shops” can set up business. North Carolina remains relatively liberal on this issue, only requiring a license to sell e-cigarette products, but across the country stricter regulations are being placed. The problems posed by these regulations should serve as a warning for NC regulators to avoid using a heavy hand.
Other state and localities’ regulations often include banning vape shops near schools and daycares, but may also extend to bans near churches, public parks, and sports fields. The stated goals of these policies are to reduce sales of vape products to minors, but interestingly, these same laws do not apply to convenience stores and gas stations that often also sell the same vapor products. So while a local vape vendor might not be allowed to set up shop near a church, the gas station across the street is free to sell vape products.
Utah stands out as a particularly restrictive state. To open a vape shop in Utah, one must first obtain both a e-cigarette license from the state government as well as a tobacco retail permit from the local health department. Additionally, retail vape shops are banned within 1,000 feet of “community centers”, including schools, playgrounds, daycares, and churches. On top of that, the density of vape retailers is restricted, and tobacco specialty shops must be at least 600 feet apart. Finally, Utah has an additional ban on vape shops within 600 feet of agricultural or residential property. As with other states, these regulations do not include other retailers who may also sell e-cigarettes, creating an uneven playing field. Beyond Utah’s state laws, localities are allowed to be even stricter.
These bans often feel like the right thing to do. We have a justified interest in the health and safety of children and protecting them from harmful substances. That feeling does not, however, tell us whether these bans will have their intended effect. In particular, when the costs are potentially so high to vape shop owners and adults seeking less-harmful alternatives, policymakers should set aside feelings for facts.
Additionally, these bans often do not include other mixed-retail shops that sell vapor products, such as gas stations, grocery stores, and convenience shops. Targeting vape shop owners, without limiting the sales of these products at other shops, is an arbitrary use of state power. These vape shops are often owned and operated by first-time, small business owners, who are already facing licensing requirements, cumbersome tax regimes, and permitting requirements. They must now face an even more uneven playing field with big companies like grocery stores and gas station chains to sell similar products.
Governments should not be discriminating against a particular type of business based on such shaky evidence. E-cigarettes need to remain a viable option for those seeking a less harmful alternative to traditional cigarettes. Policy should be developed based on rigorous evidence, as well as intentions to protect both minors and those struggling with nicotine addictions. These zoning laws often fail to achieve these goals, while simultaneously hurting small business owners and protecting the interests of larger retail chains.
Elijah Gullett is a Young Voices contributor from Raleigh, North Carolina. He is a recent graduate of the University of North Carolina at Chapel Hill where he studied public policy and urban planning. His writing and research is focused on market-based solutions to the problems of urban living. He has bylines at the Foundation for Economic Education, C3 Solutions, and Exponents Magazine.
“Viewpoints” on Chapelboro is a recurring series of community-submitted opinion columns. All thoughts, ideas, opinions and expressions in this series are those of the author, and do not reflect the work or reporting of 97.9 The Hill and Chapelboro.com.
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