An Arden Hills tobacco shop is suing the city over an ordinance banning flavored tobacco, saying the ban will force it to shut down.
“We feel they were singled out,” said John Ella, an attorney with Minneapolis firm Trepanier MacGillis Battina P.A. who is representing Arden Hills Tobacco. “The city council knew they would be the only ones affected.”
The lawsuit was a last resort for owner Ibrahim Aquel and manager Maher Safi, who have been working with the council since the beginning of the year, trying to carve out an exemption for the over-21 store.
“If they get rid of the flavor ban, we will drop the lawsuit,” said Safi, as he waited on customers at the store on Lexington Avenue. “We want to be considered like a liquor store. If it’s a legal product, adults should be able to have the choice to buy it.”
A year ago, the city council began discussing raising the tobacco sales age to 21, as many Minnesota cities have in the past two years. But they went a step further, wanting to ban flavored tobacco, something they said lures teens and gets them hooked on nicotine products. In March, following a public hearing, the council passed an ordinance accomplishing both.
The ordinance meant Aquel would have to file for bankruptcy, lose over $100,000 in product, lay off four people and be liable for breaking his five-year lease, he says. Most of the items in the store he’s been running for 15 years are flavored — from menthol cigarettes to apple-flavored chewing tobacco, to multiple juice flavors for vaping.
Safi asked the city council to reconsider. Several council members came out to the store and, according to Safi, a majority said they would vote to exempt the tobacco shop from the ordinance. Tobacco is sold in other retail outlets, such as grocery stores and gas stations, but Arden Hills Tobacco is the only store in the city dedicated to tobacco products.
“The overarching theory here is the city has a stated purpose in its ordinance to protect children and young adults from the dangers of smoking,” Ella said. “Raising the age as they have to 21 accomplishes that. There is no need to also ban flavored tobacco products.”
On July 8, the council considered an amendment to the ordinance that would exempt Arden Hills Tobacco. Only council member Fran Holmes spoke in favor of the exemption.
The other council members decided against the exemption, partly because to them it seemed unfair to the retail stores that could not prevent children under 21 from entering their establishments.
“I struggle with the fact that there’s winners and losers here with this amendment,” Mayor David Grant said at the July meeting. “As I think it through, it has to be a level playing field for everyone. To exempt just the tobacco shop drives business to the tobacco shop and not the gas stations. That’s equally bad.”
The tobacco shop has until Jan. 1 to get rid of its flavored tobacco products. Aquel and Safi are hoping the lawsuit will force the council’s hand. They are also suing for $50,000 in compensation and for the city to pay all attorney fees.
The city has until the end of the month to respond.
When asked for comment, Grant said, “The city does not comment on items in litigation.”
