CHICAGO – A lawyer for a group of Chicago gas station owners told a federal judge Tuesday that a new city ordinance banning the sale of “flavored tobacco” products near schools could put his clients out of business. But U.S. District Court Judge John J. Tharp Jr. remained unswayed by the argument, and will not delay the law, which went into effect yesterday.

The new law bans the sale of flavored tobacco within 500 feet of a school. Proponents say flavored products are a means of hooking kids on tobacco.

The retailers’ attorney had argued that his clients would suffer “irreparable harm” if the ordinance goes into effect. In response, the judge suggested that the retailers could still sue in court to recover economic damages from lost sales, stating that the retailers failed to show "irreparable harm" resulting from the ban.

But the small group of retailers represented here say that the ordinance, which could ultimately affect “several hundred” retail gas station owners and operators, is “patently irrational and unjust.”

Further, the 500-foot rule doesn’t apply to a retail store that sells only tobacco, they point out. They also say the ordinance’s wording is too vague, making it unclear what exactly qualifies as a school.