VERO BEACH — The city council Tuesday decided to table a vote to schedule a public hearing on a proposed prohibition on the sale of flavored tobacco products within the city limits.
Council members and legal staff said they intend to keep researching the issue, including looking into ramped-up enforcement of the current laws on the books regarding sales to minors.
Councilman Jay Kramer also mentioned that the city police department should coordinate with Sheriff Deryl Loar regarding enforcement and Councilwoman Pilar Turner said, “I don’t think what we’re doing in restricting our 11 square miles is going to make a difference,” but that it needs to be addressed at a county or state level.”
Another reason why the council did not forward the ordinance along for a public hearing is that, in drafting the proposed regulations, city leaders did not anticipate a question that arose about electronic cigarettes, which are also available with flavor additives. E-cigarettes, it was stated during the meeting, contain an extract of tobacco which delivers nicotine.
Dr. Barry Hummel of the Tobacco Prevention Network of Florida in Gainesville spoke about the e-cigarettes, noting that the U.S. Food and Drug Administration has not yet regulated e-cigarettes. Hummell had spoken to the council previously, emphasizing how the tobacco companies target young people with the flavoring, colorful packaging and even the placement of their products.
Vice Mayor Tracy Carroll pointed out that flavored tobacco products are showing up in local schools.
Representatives from local convenience stores were present, but did not speak.
CASAA general member, Jeffrey Eaton, of Hobe Sound, who uses e-cigarettes spoke on behalf of people trying to quit smoking, who sometimes add flavors to their devices because they no longer like the taste of tobacco, bringing up a use of the products by adults.
“I certainly don’t want to pass legislation prohibiting consenting adults from doing whatever the heck they want,” Kramer said, emphasizing that enforcement is the key.”
City Manager Jim O’Connor said, “We would step it up to do the same kind of enforcement we do with alcohol.”
City Attorney Wayne Coment advised the council that another option that they considered and passed on earlier in the year was relegating the flavored tobacco product to “adults only” stores such as liquor stores and smoke shops. Coment said the city could be challenged on equal protection objections, but that his staff would follow whatever the council directed.
“The council can decide what laws you want in the city and we draft them and try to make them as legal as possible,” Coment said.
Kramer made the motion to table indefinitely. It was seconded by Councilman Dick Winger and approved 4-0, Mayor Craig Fletcher was absent.