The Hayward City Council unanimously passed a 45-day temporary moratorium on tobacco retail, e-cigarette and related sales.

“We shouldn’t wallow in any denial concerning the health issue of smoking in Hayward,” said Mayor Michael Sweeney.

The moratorium only applies to new business proprietors, while current tobacco and vapor businesses are exempt.  Hayward currently has 142 retail tobacco licensees and 10 vapor establishments, according to City Planner Linda Ajello.

Sweeney expressed concern over the marketing of e-cigarettes and various vaping products to children, such as colorful products and candy flavors.

“There is positively no question that they are targeting young people,” said Sweeney.

Other city council members took turns listing the potential positives and negatives of e-cigarettes.  E-cigarettes are a potentially safe way to get users off tobacco cigarettes, while others discussed “dual use” or e-cigarettes as a gateway drug for youth.

“We’re struggling with this,” said Councilmember Greg Jones. “It’s not a moral issue, it’s a health issue.  When you look at products with bubblegum flavor, chocolate flavor—give me a break, folks.  They are targeting kids. It’s obvious what the industry is doing, and it bothers me.”

Among 18 to 24-year-olds, a third of multiracial members smoke, while 16 percent of African Americans smoke, said Councilmember Mark Salinas.  He wished to address the issue of heavy smoking and to combat the city’s bad perception of poor public health.

“We need to look at all health risk factors,” said Salinas. “I’m not anti-business, we’re all in this on the same goal.”

Members of the community present at the meeting had a mixed reaction. Hayward students commented on the dangers of youth smoking and storeowners not checking identification.  Serena Chen, policy director for the American Lung Association, supported the temporary moratorium.

“It’s not harmful at all,” said Jennifer Hernandez, proprietor of It Is Vapor 5. “Do not punish electronic cigarettes.  It helps cigarette smokers quit and is a better alternative to the [nicotine] patch for weaning them off.  There is no tobacco in liquid nicotine.”

Co-proprietor Steven Hernandez claims they have helped over 5,000 people quit cigarettes, and grew $15 thousand into a $1.2 million business.  Natural gas plant workers have used his business as a safe alternative to lighting up, said Hernandez.

“There are many benefits to vaping over smoking,” said Hernandez. “But we know we have lost this fight.  Our argument has fallen on deaf ears.”

Jennifer Hernandez was not concerned about a ban on e-cigarettes and agreed there should be regulation to keep products out of the hands of children.

However, they are going about it the wrong way, said Hernandez.  Hayward is treating liquor stores, tobacco shops, gas stations and vapor shops under the same umbrella, and she is frustrated that they are not being treated as separate entities.

“I’m concerned they will [eventually] ban our customers from vaping in the store,” said Hernandez. “They need to be taught how to use it.  It is an electronic device and we need to show them.”

The motion was made by Councilmember Mendall and seconded by Councilmember Halliday.