Moorhead settles vaping suit, enforcement of new law to start in August - INFORUM
MOORHEAD — The Moorhead City Council Monday night, Feb. 14, approved an agreement with Northland Vapor Co. that settles a lawsuit the company brought after the city passed an ordinance last fall banning the sale of flavored vaping products.
Under the agreement, Northland Vapor will drop its suit and the city will hold off enforcing its new ordinance until Aug. 1, after which enforcement of the ordinance will begin.
The suit filed by Northland Vapor Co. claimed the ordinance violates the Minnesota Constitution because it is not rationally related to a legitimate government goal; it is too vague; and it constitutes an improper government "taking."
The company sought an injunction to keep the law from going into effect or being enforced by the city, or, in the alternative, that the city compensate the business for a regulatory taking.
The agreement reached between the city and Northland does not include financial compensation and both sides will be responsible for their own costs, according to John Schockley, Moorhead's city attorney.
In October, the Moorhead City Council voted 7-1 to ban all flavored tobacco products, as well as flavored vaping products, from licensed stores in the city starting Jan. 1.
The ordinance also brought the city into compliance with federal law by raising the legal age to buy tobacco products from 18 to 21.
A Clay County District Court judge in December imposed a stay that prevents the ordinance from being enforced until the company's request for an injunction is heard, which as of Monday was scheduled for April 20.
The settlement will negate the need for a hearing.
Northland Vapor, which employs about 25 people, is located at 115 8th St. S. in Moorhead.
A message left at the business seeking comment was not returned at the time this story was published.
source: https://www.inforum.com/news/moorhead/moorhead-settles-vaping-suit-enforcement-of-new-law-to-start-in-august
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