Austin resolution paves way for vape-selling ban near schools

Laine said the resolution is “not the endpoint” for the vape ban as the city manager will develop the detailed ordinance on how to enforce the regulations.

Laine wrote the resolution in partnership with Mayor Pro Tem Fuentes. Council members Ryan Alter, Paige Ellis and José “Chito” Vela co-sponsored the resolution. Texans for Safe Drug-Free Youth, the American Lung Association, District 15 Texas State Senator Molly Cook and District 25 State Senator Donna Campbell also voiced support for the resolution.

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Laine said that with her experience in Round Rock ISD, she witnessed the popularity of vaping and e-cigarettes in schools. Some vape shops were in close proximity to school campuses, which she said was harmful to students.

“It increases the access and temptation to either buy vapes yourself or have a friend who's older do it for you when you are going back and forth from campus,” she told Community Impact.

E-cigarettes are the most commonly used tobacco product among middle and high school students in the U.S., according to the Centers for Disease Control and Prevention. E-cigarettes can contain highly addictive chemicals such as nicotine, which can harm brain development.

Vapes can also contain cancer-causing chemicals, nickel, lead and other chemicals linked to lung diseases, according to the CDC.

Representatives for Texans for Safe and Drug-Free Youth voiced support for the resolution, saying it can help address health issues that come from vaping.

“The science is clear: Vaping–whether tobacco or cannabis–has serious health consequences on youth, including increased risk of addiction, harmed brain function, and depression,” said Nicole Holt, CEO of Texans for Safe and Drug-Free Youth, in a press release. “Community-wide measures like this resolution are the best, most effective approach to protecting youth against access and use. No kid should have a vape shop across the street from their school where they have to pass it every day.”

Additionally, districts have mandatory disciplinary consequences that send students to alternative schools if they are found with vapes on campuses, Laine said. This can impact student learning, as the alternative school may not have the same coursework or resources, she said.

Council member Vela said that the resolution can help children avoid getting severe disciplinary action.

“As a former criminal defense attorney, I understand how easily minor infractions at school can lead young people into the criminal justice system.,” he said in a press release. “We have to interrupt that pattern. This resolution is a step toward protecting our students from unnecessary criminalization and supporting their health and future.”

Laine said that with the stakeholder engagements, she hopes the city builds connections with small businesses that could be impacted by a future ordinance. With the business relationships, she said she would want the city to communicate how businesses can remain in compliance.

What’s next

The city manager will return with a draft of the vape-ban ordinance to present to council no later than Sept. 11, according to the news release.

Laine said her office is keeping an eye out on any changes to vape products at the Texas Legislature, particularly with House Bill 3, which would ban THC products such as vapes.