Is Barrington business getting burned by new law?

Ecig Shed owner complains about town's new tobacco ordinance

EastBayRI.com ·

Louis Del Sesto is dreading the arrival of Sept. 5.

The owner of Ecig Shed on Maple Avenue said his business will be destroyed by the town council's new ordinance, which, in part, raises the minimum age to buy tobacco products from 18 to 21. That ordinance takes effect on Sept. 5.

"It's going to kill us," said Mr. Del Sesto during a recent interview. "It's going to send people — my customers — to Bristol, Warren and East Providence. It's not going to stop them from buying it."

Mr. Del Sesto opened Ecig Shed four years ago after he personally experienced the alleged benefits of vaping or smoking electronic cigarettes. A longtime smoker, Mr. Del Sesto used vaping as a means to quit regular cigarettes.

"I almost died from smoking-related pneumonia," he said. 

He said he decided to open his business in an effort to help others quit cigarettes, and, he added, he has always closely followed the laws. 

"We card everybody," he said. "We carded people before there was even a law (regulating vaping)."

The Barrington Town Council approved the ordinance change in early June after listening to a presentation by high school students about the dangers of tobacco and vaping. Michael Carroll, the town council president, said that there are other communities in Rhode Island that are also raising the minimum age to purchase tobacco products.

"The council is, at all times, trying to balance a variety of interests," said Mr. Carroll. "We want to support local businesses, but not at the cost of risking the health of young people in town."

Mr. Carroll said that while state laws reign supreme over municipal ordinances, there are certain laws that can be amended. He said the state sets a minimum age requirement for tobacco purchase, but allows towns to increase that age.

Mr. Del Sesto found some problems with the tobacco ordinance change. 

"Adults within the age of 18, 19 and 20 are old enough to purchase these products under state law," wrote Mr. Del Sesto in a letter he plans to send to the Barrington Town Council. "This age group of adults can go to war to fight, kill and get killed, get married, vote, buy a gun, if they got in trouble they will get tried as an adult, but cannot buy nicotine products? 

"Seems a bit backwards to me."

Mr. Del Sesto said this local law change also unfairly targets his business. He said most other Barrington stores that sell tobacco products also sell other goods and will be able to better cope with the law change.

Not so with Ecig Shed.

"This is going to hurt me more than others," he said. "I'm going to lose 20 to 30 percent of my business."

Mr. Del Sesto said customers between the ages of 18 and 21 comprise a significant portion of his business. He added that the law change will not turn those people off vaping, rather it will send them to other nearby towns to purchase vaping products.

"I contacted the surrounding towns like Warren, Bristol and East Providence and they don't have any such ordinance," wrote Mr. Del Sesto. "Now the stores in these towns will have an unfair advantage and will be getting all these sales."

Mr. Carroll countered, saying that the council needs to ensure that people — especially those under the age of 21 — are aware of the risks that accompany vaping. Officials at the high school have seen an increase in the use of electronic cigarettes and are concerned about the future implications.

Mr. Carroll said experts have also stated that electronic cigarette companies intentionally market their products to young people. He pointed to the "kid-friendly" flavors such as bubble gum and cotton candy. 

Mr. Del Sesto said the sweet flavors are geared toward all people: "If the taste is horrible, no one will want it," he said. "I like the sweet flavors. I hate the menthol."

Business-friendly?

While Mr. Carroll said that the town council is taking strides toward making the town more business-friendly and still balancing that with risking the health of young people, Mark Etheridge has a differing opinion.

The owner of Trendy's Pizza and Pasta on Maple Avenue said the tobacco rule changes clearly target Ecig Shed. Mr. Etheridge, who is a member of the town's economic development committee, said the ordinance change runs counter to being business-friendly.

"He's really singled out," said Mr. Etheridge of Mr. Del Sesto. 

Mr. Etheridge said he has known Mr. Del Sesto for many years — both men grew up in town — and questions the council's pro-business banter. He said Mr. Del Sesto spent thousands to open his shop and now may have to relocate or close its doors for good.

"We're losing businesses in town," said Mr. Etheridge. "If this was a change in the state law that would be different. But that's not what's happening here."

Mr. Etheridge said vaping helped him quit his regular cigarette habit, which had grown to two packs a day. 

A closer look at the law

• License required for the sale of tobacco products

• Must be 21 to purchase tobacco in town

• No tobacco coupons or discounts

• Flavored tobacco products prohibited