The town's new ordinance banning the sale of tobacco to people under 21 years old is not being enforced and will likely be repealed.

The town council decided to repeal the law — it will do so at its meeting on Oct. 2 — after Maple Avenue business owner Louis DelSesto filed a lawsuit against the town in Rhode Island Superior Court in early September. Mr. DelSesto owns Ecig Shed, which sells vaping products.

Mr. DelSesto's lawsuit challenged the legal ability of the town to regulate tobacco sales via a licensing mechanism. Less than a week after he filed the lawsuit, Mr. DelSesto learned that the town council had voted to settle — agreeing to not enforce the existing legislation and later repeal it. 

Mr. DelSesto, who grew up in Barrington and now lives in Riverside, said the settlement hardly felt like a victory for his small business. 

"They're trying to shut me down," Mr. DelSesto, said of town officials. "I'm being targeted. I finally found something I can do to support my family, and this happens… the town does this. 

"It's such a kick in the face."

Mr. DelSesto is referring to the town council's earlier decision to enact an ordinance prohibiting the sale of tobacco products to anyone under the age of 21. That ordinance runs in contrast to state and federal laws which allow the sale of tobacco products to anyone 18 and older. 

During an earlier interview, Barrington Town Council President Michael Carroll said certain laws could be amended, including the one that sets a minimum age requirement for tobacco purchases. 

Mr. DelSesto hired an attorney and challenged the council's move, filing a lawsuit in Superior Court on Sept. 7. The town council met in executive session on Sept. 11 and voted to settle the case. (The ordinance took effect on Sept. 5.)

"The Town agreed to repeal the existing licensing ordinance (and refund the $16.64 pro-rated license fee paid by merchants) and to not enforce the existing licensing ordinance pending its repeal," stated a press release from Barrington Town Manager Jim Cunha. "In return the plaintiffs agreed to dismiss their lawsuit. The Town reserved its right to enact new ordinances to regulate tobacco products, and the plaintiffs reserved their right to challenge any new ordinance."

Mr. Carroll said the council thought long and hard before it passed the ordinance, adding "The council is, at all times, trying to balance a variety of interests. We want to support local businesses, but not at the cost of risking the health of young people in town."

Mr. DelSesto questioned that statement. 

He said the council was not dissuading any local teenagers from purchasing tobacco products, only sending them outside of Barrington's borders to do so. He said the ordinance did little more than hurt his and the other local businesses that sell tobacco products.

"Within five days (of the ordinance taking effect), I lost 20 customers," said Mr. DelSesto. "I asked them 'Where will you go?' and they said they were going to Warren, Bristol and East Providence."

Mr. DelSesto believes the town is planning to revisit the issue and find another way to negatively impact his business. He also said that the settlement did not include any compensation for the legal fees he accrued. 

"This doesn't feel like a win," he said. "It just bothers me so much."

Mr. DelSesto contends that vaping can benefit people who are addicted to smoking cigarettes. He said vaping is less harmful and can be used as a tool to help someone stop smoking cigarettes.

"This product takes you away from tar," he said. "It takes you away from 7,000 chemicals."

According to the press release from Mr. Cunha, "The town council intends to introduce ordinances to repeal the existing tobacco ordinance, and enact new ordinances to control the spread of tobacco use among the town’s youth, at its meeting of Oct. 2, and to have a public hearing on these ordinances at the meeting of Nov. 6."