Shops lining up to challenge Massachusetts' vape ban in court

BOSTON — In the days after Massachusetts Governor Charlie Baker's emergency ban on vaping products, many businesses threatened lawsuits.

Those lawsuits are now making their way into courts. They say this emergency ban is unconstitutional because there was no process for them to have their say.

The shelves are bare at vaping product stores across the state. The governor's emergency ban that went into effect in late September and required all businesses in the state to stop selling vaping products and to get them off the sales floor.

"We made this decision based on guidance from information we were getting from federal agencies and from medical experts and the dangers associated with vaping," Gov. Baker said.

Gov. Baker cited lung disease concerns as the reason for the temporary vaping products ban.

One Revere store is among the businesses filing a lawsuit against Baker's administration to reverse the ban. Their attorney believes the governor overstepped his authority when he ordered such a unilateral ban.

"They were denied an opportunity for a public hearing, so they could be heard, so they could exchange information, evidence, and ideas and be part of the process, so it was a due process problem," Attorney Craig Rourke said.

Rourke told Boston 25 News he has already received several calls from shop owners who are interested in joining the lawsuit. They are hoping to get an emergency hearing on their legal questions by next week.