Over 20 citations have been issued to business owners who have refused to close, and a few of those have had their Certificate of Occupancy revoked by the city.

SAN ANTONIO, Texas—Some area business owners are fighting back against the “Stay Home, Work Safe” ordinance.

Brad Bennett owns the Mega Vape shop on the city’s Southside, and had a message for Mayor Ron Nirenberg on Tuesday.

“The city of San Antonio and Mayor Ron Nirenberg have shut Mega-Vape down today, revoked our certificate of occupancy and have threatened to turn off our power,” said Bennett. “Mayor, you now have blood on your hands by doing this. You have forced all of our customers to go back to smoking cigarettes, making them a statistic, one out of 480,000 people a year who die from smoking related illnesses, according to the CDC.”

Bennett at first refused to close his business, offering his customers curb-side service instead.

“According to you, liquor stores are essential. Starbucks is essential. Smoking cigarettes is essential. Haircare product stores are essential. You can buy alcohol and cigarettes, but you can't buy vape. This is pandemic America 2020,” said Bennett.

According to city data, Bennett has received at least three citations from the city, after multiple reports that his business was violating the ordinance.

Bennett said the ordinance forces five people out of a job.

“Unemployment has been delayed several weeks. Stimulus checks could be delayed several more weeks. How are my employees going to get food?,” said Bennett.

On Tuesday, Bennett said he received an order by the city revoking his Certificate of Occupancy and threatened to turn off his utilities.

Meanwhile, five Planet K locations around San Antonio have been issued at least 13 citations, and over 30 reports that the stores were in violation of the order for not closing.

Planet K’s owner, Michael Kleinman, issued a statement Tuesday urging people to help keep Planet K open.

Kleiman argues that Planet K is an essential business because the stores provide “its customers household necessities including vitamin supplements, CBD products, food and candy, drinks, soda, and beer, that many have come to rely on to manage their health.

In addition, we now carry other basic needs such as toilet paper, hand sanitizer, and basic over the counter pharmaceuticals, that can be difficult to find at other retailers, including online.”

Kleinman also said in the statement, “within hours our San Antonio stores were ticketed and harassed into closing again based on some incorrect health department/legal department interpretations of the Governor’s order. In fact, to “insure health” SAPD arrested our female employee (who has children at home) and threatened to take her to jail before calmer heads prevailed.”

City officials said in a statement to KENS5, “these are emergency orders issued by the Mayor and Judge in response to a public health crisis, and San Antonio’s order is consistent with the orders in Texas’ other major cities and with the Governor’s order. There is a process to be deemed an 'Essential Business' by the State of Texas. If Planet K receives such a designation from the State we will treat them as an exempt business.”

Furthermore, city officials said the Planet K employee “was going to be arrested, not for violating the ordinance, but for refusing to identify herself so that officers could issue a citation. After she finally identified herself, she was cited and released.”

District 3 Councilwoman Rebecca Viagran said these businesses have repeatedly violated the city’s order, and the ordinance is there for a reason.

“It's knowingly and willfully, willfully continuing to act when they should not be open for business,” said Viagran. “We have hundreds and hundreds of calls coming into the city of San Antonio from residents who are concerned for themselves, who are concerned for their neighborhoods, that see businesses that are open.”

Viagran said she is concerned about employees being out of work, but stands by the ordinance.

“It's very heart-wrenching,so many people are out of jobs right now. They don't know if they're even going have jobs after this. And it's tough for everyone,” said Viagran.