HOUSTON – Parents, neighbors and school administrators are calling on local officials regarding the opening of a smoke shop that they say is too close to Wharton Dual Language Academy elementary-middle school, a magnet school in Houston Independent School District.
Mehdi Rais, who is a father of two, said they have measured out how far the smoke shop—Bahama Mama Smoke Shop at 802 W Gray St.—is from the elementary-middle school and have concerns about its location.
In Texas, smoke shops, which sell tobacco products, vaping devices and related paraphernalia, are subject to certain restrictions regarding how they advertise near schools and places of worship.
“We’re 30-feet out from this middle school and elementary school, and we are super concerned about the proximity of this business. We’re super concerned about the proximity of this business to the school itself,” Rais said.
A spokesperson for the Texas Comptroller’s Office told KPRC 2′s Rilwan Balogun that state law only requires that a cigarette/tobacco or e-cigarette retailer be located in a commercial business location. They also stated that there is no statutory provision regarding proximity to schools aside from the outdoor advertising cannot be directed at children, such as using cartoons or graphs that appeal to the youth.
According to parents, the smoke shop features cartoons or images that resemble food products, such as a “cartoonish pineapple logo,” which they believe targets children.
“Let’s leave it to other parts of town rather than right next to an elementary school or right next to other highly sensitive areas around town, like churches or hospitals and whatnot,” Rais said.
Parents and neighbors in the area said this isn’t just about the 650 children in the school, but about the 2,2000 children and families that are located within a quarter mile from the shop and two other schools.
“We have two elementary schools, two middle schools, and a high school that’s within a quarter mile of this of this school, and this sort of behavior or activity isn’t promoting good behaviors and habits of the kids that that attend these schools,” Rais said.
The following letter was sent on the behalf of parents, neighbors and school admins to City Councilmember Abbie Kamin:
“I am writing to bring to your urgent attention a matter of significant concern regarding the opening of the Bahama Mama Smoke Shop at 802 W Gray St, Houston, TX 77019, within 30 feet of Wharton Dual Language Elementary and Middle School. The proximity of this establishment to our school has caused considerable outrage among neighbors, parents, and school administrators.
“The shop’s cartoonish pineapple logo, which seems to target children, has only exacerbated these concerns. In our review of state laws, we found several relevant statutes that should guide our response to this issue: * H.B. 4758: This law, effective January 1, 2024, prohibits the advertising of smoke products intended for e-cigarettes that include cartoons or images resembling food products. Bahama Mama Smoke Shop’s current advertising clearly violates this provision. * SB 55: Enacted in 1997, this law stipulates that cigarettes or tobacco products may not be sold within 1,000 feet of a church or school.
“The smoke shop’s location blatantly disregards this requirement. I have included photographs documenting the smoke shop’s advertising and its proximity to the school, and current permits. Additionally, I would greatly appreciate the opportunity to discuss this matter further and explore potential solutions to protect our children from the undue influence of tobacco advertising. Your prompt attention and action on this issue would be greatly valued by our community. We look forward to your support in ensuring the safety and well-being of our children.”
Councilmember Abbie Kamin’s statement:
“This is an issue we’re seeing across the city and the state needs to address it more stringently and bring forward improved regulations.
Safety for children must be the priority. We’ve worked with parents and residents to secure millions to ensure our kids can get safely to and from schools, including Wharton. Rather than focusing time on gutting our public schools, I hope the state will make efforts to address this safety concern around schools, rather than a hands-off approach to this issue.
Concerned residents reached out to us and we contacted city departments on their behalf. HPW/Permitting Center checked to ensure all proper city permits are in place, a notice of violation was issued for a sign permit. Our understanding is the business is being brought into compliance on that but that’s just a technicality—not the heart of the issue. The state via TABC is the entity that has authority to regulate smoke shops based on locations, but those laws are primarily for tobacco sales. This is a state-level issue, and we have been encouraging residents to reach out to their state representatives, our understanding is Senator Cook’s office is in communication with TABC (and is currently investigating the legality of the proximity of the business to the school), we thank her for her efforts.”
