Under the city's stay-home mandate, the shop is considered non-essential. But the state's order says otherwise.

SAN ANTONIO — A San Antonio vape shop's attempt to hold firm against the city's mandate that it is non-essential under the ongoing stay-home order has reached the court system.

Mega Vape on Thursday filed a lawsuit against the City of San Antonio in Bexar County District Court, though the city on Sunday requested it be moved to federal court, records show. Mega Vape, in court documents, contends the city "took it upon itself to begin harassing (the business)” and forced it to close down.

The lawsuit reasons that Mega Vape should continue to remain open under the state’s order which allows for stores selling electronic products – such as e-cigarettes – to continue to operate. Court records state the city pulled the smoke shop’s certificate of occupancy after it found the shop violated the city’s stay-home order and that the city threatened "to disconnect service utilities, electric, gas and water 'due to the risk of life.’"

Mega Vape Owner Brad Bennett wasn't shy about his frustrations with the city when speaking to KENS 5 earlier this month. He posted a massive sign on his shop's window when Mega Vape was still open, urging Mayor Ron Nirenberg to work to "flatten the curve, not small businesses."

"I'm disappointed in the mayor for not having the confidence in our ability to come up with solutions in this crisis," Bennett said on April 4. "I don't really think the mayor thought through this whole process.”

A few days later, Bennett made some more direct remarks, indirectly telling the mayor "you now have blood on your hands" after Mega Vape was forced to close down.