The Denver City Council weighed the health of young people against the rights of adults who like to vape flavored fumes in crafting a potential ban on flavored varieties.

Denver is the latest city nationally to consider a ban on flavored e-cigarettes, which opponents say is a gateway to smoking tobacco or hard drugs.

The council has wrangled the question since October, before finalizing the language of proposed by a 12-1 vote on Nov. 29, to set up what was expected to be a final vote on Monday night, Dec. 6, which would make Denver the seventh Colorado municipality to enact a ban.

The council pushed back the implementation by a year to July 1, 2023, to give small businesses that sell the flavored vapes time to adjust to the lost revenue stream.

The local pressure follows the U.S. Food and Drug Administration’s national ban that took effect in September, affecting large makers, such as JUUL, VASE and NJOY. If passed, the city ordinance would extend the ban to flavored tobacco products sold in all establishments in Denver, with exemptions for Hookah, natural cigars, pipe tobacco and harm-reduction tools.

 The FDA ban doesn’t apply to smaller, independently owned sellers, such as convenience stores, smoke shops and other still-legal sellers, leaving the question to local governments. 

Dozens of Denverites spoke up about banning flavors, arguing that authorities should enforce best practices to keep nicotine products from children, rather than create economic and social issues.

Menthol, as some opponents noted, is a preferred type of tobacco produc in the Black community, while supporters said it was the way big tobacco companies lure in customers, especially from marginalized communities.

As the City Council heard from the public and chiseled away at the bill, members voted down proposals to the ban that would have exempted menthol cigarettes as well as all flavored tobacco products sold within specialty age-restricted stores. Those amendments failed in 5-8 and 6-7 votes, respectively.

The supporters include the Denver Public Schools Board of Education.

“The focus has always been protecting the health of our community starting with our kids,” said Councilwoman Deborah Ortega, a co-sponsor of the proposed ban. “This is an opportunity to look at how we protect our youth and, at the same time, it’s protecting our adults who have been historically targeted (by the tobacco industry).”

Supporters of the amendments said they would minimize the impact the ban has on adult tobacco users. However, opponents pointed to city surveys showing that one-third of Denver’s young tobacco users smoke menthol cigarettes and the second top source of tobacco products for youth is adults over the age of 21, who would have access to the age-restricted stores.

The council approved an amendment to delay the implementation of the ban from July 1, 2022, to July 1, 2023. That amendment passed in an 8-5 vote, with council members saying they hope it will reduce the impact the ban has on small tobacco-selling businesses.

“I think it is a fair amendment in light of the failure of the prior two amendments,” Councilman Kevin Flynn said. “We basically just gave a death sentence to the businesses sitting out here, I think it’s only fair that we give them more than six months to deal with whatever the fallout is, should the bill pass.”

Speakers were split with approximately two-thirds in opposition and one-third in support. Arguments in opposition included the negative economic impacts on small businesses and preventing adult tobacco users from buying products. Several of the speakers wore opposing shirts reading “vaping saves adults” and “flavors hook kids.”

Only Councilman Chris Herndon voted against finalizing the language of the ban, which set up the vote to approve or reject it.

Multiple council members said they were still on the fence about their vote and Councilwoman Kendra Black said she will definitely vote “no” next time.

“We all agree that kids should not use tobacco and we all agree that smoking is bad and kills people. However, this is not a good policy,” Black said. “It will not prevent people from smoking and it will not prevent kids from getting vaping products. People can get them online, from neighboring cities and non-flavored products are still available in Denver.”