Tobacco shop owner says Wareham rules 'crippling' business
The owner of New England Smoke Shop appeared before the Board of Health Wednesday seeking relief from one of its regulations, saying he’s lost $100,000 in sales over the past year.
“I’ve literally watched customers I’ve had for five years drive by my shop to Bourne,” said Louis Bourassa. “I’m struggling to keep my business open.”
Bourassa took issue with the board’s rules on cigar prices. Effective April 1, 2016, the board raised the price of a single cigar to a minimum of $2.50.
Bourassa said the decision was “crippling” his business due to his store’s proximity to Bourne, where cigars sell for as little as 79 cents.
“I don’t feel it’s right, I’m being told to sell my products for more than the guy next door,” Bourassa told board members.
Bourassa cited a court case that says the state, and by extension the town, can’t regulate his prices directly in that manner. He asked board members to consider the case law and repeal the regulation. Board members said they would review that claim with legal counsel at a later date, within a few weeks at least, and release a statement.
While board members expressed some sympathy for his financial woes as a small business owner, they said he ought to consider a different line of work.
Chair Dr. Amy Wiegandt said Bourassa should look into selling something else, such as selling food, “instead of something that gives people cancer.”
Bourassa countered that whether the board likes it or not, tobacco is legal.
“We’re all adults. We have the right to make our own decisions,” he said. “If people are going to smoke, they’re going to do it.”
“We don’t have to foster it,” countered board member Thomas Gleason.
Bourassa noted he follows all other regulations put in place by the board and has a strict policy on ensuring no one under 21 is allowed in the store. His primary concern was the unfair financial advantage the board inadvertently gave Bourne businesses.
“I’m being forced to triple my prices,” said Bourassa.
Board members said they would be reviewing tobacco regulations soon and may revisit the issue, but noted they were under no obligation to change the rules. Bourassa asked to be notified of that meeting so he could attend.
“We can at least have a discussion on it,” said Wiegandt.