On a Tuesday morning on East Colfax, about a dozen people gathered outside Myxed Up Creations, a shop that sells vapes, pipes and flavored tobacco. They waved signs urging Denver voters to reject Referendum 310 — a ballot question that would repeal a city ban on flavored tobacco products.
The crowd says a no vote will save jobs and keep millions in tax revenue in the city. They frame the fight as one of adult choice, even as many acknowledge flavors like strawberry, pink lemonade and menthol are especially appealing to young people.
“Adults have rights, too. Yep. And this is one of the rights they’re trying to take away. … Adults like cotton candy, adults like flavored vapes,” said Kyle Manibusan, an assistant manager at the store, who said vaping helped him quit menthol cigarettes.
Denver’s City Council approved the flavor sales ban in December and Mayor Mike Johnston signed it into law. Council President Amanda Sandoval has shared how tobacco and nicotine affected generations of her family and is pushing to keep the ban in place.
Opponents collected nearly 11,000 valid signatures to force the issue onto the ballot. If voters choose “no” on Referendum 310, the ban would be repealed; a “yes” vote would keep it in force.
Health debate and store experience
The health effects of vaping are contested. The Centers for Disease Control and Prevention says there are no safe tobacco products, including e-cigarettes, and that they should not be used by youth, young adults or pregnant women. The CDC also notes more research is needed to understand short- and long-term effects and whether e-cigarettes help adults quit smoking. Other studies point to frequent dual use — people both vaping and smoking.
Inside Myxed Up Creations, manager Rae Drennan says vaping helped her stop smoking and that the shop strictly enforces age checks. “Even if you come in here and you want to buy a water, I still need to see your ID to show that you are at least 18 or older to enter the property,” she said, adding that tobacco and nicotine products require customers to be 21.
Economic worries
About 600 Denver businesses hold tobacco licenses, and roughly a quarter of those are vape shops. Store owners and suppliers say those businesses anchor neighborhood commerce and would be hard to replace.
The repeal campaign, called “Citizen Power!,” estimates keeping the flavor ban could cost Denver nearly $10 million in sales tax revenue, about $2 million from early childhood education funds tied to nicotine sales, and almost $3 million in property taxes and licensing fees if businesses fail. Supporters of the ban say those figures are overstated and argue long-term health costs would outweigh any short-term revenue gains.
Phil Guerin, who owns Myxed Up Creations and four other Colorado locations, led employees at the rally. He said the campaign is grassroots and hopes to persuade libertarian-leaning voters. “We hand out flyers, we educate our customers … without them choosing, we could lose our right. And every vote counts,” he said, while acknowledging he fears for his four employees’ futures if the ban survives.
The repeal effort has received donations from major tobacco companies — $75,000 each so far from Altria and Philip Morris International. The pro-ban campaign, branded “Denver Kids versus Big Tobacco,” has received more than $2.7 million from former New York Mayor Michael Bloomberg, giving it a roughly 6-1 financial advantage entering the vote. Its ads have been running frequently on television.
A supplier’s view
In northwest Denver, wholesaler Rami Sawaged supplies vape products to more than 100 of the city’s roughly 150 shops, and he says many small, neighborhood stores told him they could go under if flavored products are banned. Sawaged, who immigrated from Jordan at 14 and says vaping helped his family quit smoking, has contributed more than $40,000 to the repeal campaign. He estimates he could lose more than a third of his business and hundreds of thousands in annual revenue if the ban stands.
“We just think Denver still needs this money. The businesses that are located in Denver, they’re mom-and-pop shops. They’re trying to make a living,” he said.
Voters have until 7 p.m. on Election Day, Tuesday, to return their ballots.
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