Strasburg’s push to tighten zoning restrictions on vape, tobacco and smoke shops now hinges on a legal question: Can the town go as far as the city of Richmond without overstepping its authority under Virginia law?
According to Town Attorney Michael Helm, it’s best to let Richmond try it first.
Helm told council members on Tuesday night that while Virginia law already prohibits such stores within 1,000 feet of schools and daycare centers, a rule Strasburg mirrors in its Unified Development Ordinance, local governments must operate within the confines of the Dillon Rule, which limits their powers to those expressly granted by the General Assembly.
That limitation, Helm said, could make Richmond’s more aggressive approach vulnerable to a legal challenge. Richmond recently reclassified vap