Virginia Smoking Ban includes E-cigs per Dept of Health

[KitKit]

It seems I'm the only one in VA who is worried about this. I'm not up for a fight with the big boys ( due to my job ) I guess I will do what I all ways do and go outside with the rest of the bunch. -Most people who know me would think I'm crazy- I NEVER back down from a good match- but this is bigger than me! I've had more than one heated disscussion about PV's vs cigs. Anybody want to put up a good fight??? Ha Ha

[LaceyUnderall]

It seems I'm the only one in VA who is worried about this. I'm not up for a fight with the big boys ( due to my job ) I guess I will do what I all ways do and go outside with the rest of the bunch. -Most people who know me would think I'm crazy- I NEVER back down from a good match- but this is bigger than me! I've had more than one heated disscussion about PV's vs cigs. Anybody want to put up a good fight??? Ha Ha

KitKit - If you want help I can put you in contact with someone who can help you PM me if you are interested.

And that goes for anyone who is in Virginia

[Scamz]

this probably wont apply in the uk where i live, but if it does, i'll just use stealth liquid in pubs and bars, oh well.

[C2Girl]

Lacey PM me. I am in gold old Virginia!!!


Steph

[Rob Smallenberg]

Sir, If you'll pardon my saying so I've rather a question or two. How does the law define lighted? Shouldn't they say ignited if that is what they really mean? Also the law on the pure definition of a cigarette is clear enough that if this ban were to include electronic cigs, personal vaporizer or nicotine inhalers- it would have to be visted and legislated on, correct? But at this time there is nothing "on the books" about this matter directly unless of course I'm utterly wrong. To me this is too ambiguious to really be enforceable.

I know it may seem like splitting frog hairs but it may be the saving grace. Also the specific ban does not mention vapor, it mentions smoke. The definition of a cigarette does not specifically include these devices as mentioned before. Would this be correct?

I may only be one state over, but I visit Virginia a lot when shopping so this kind of affects me too. Sorry if this seems scattered, I've had a lot of interruptions and not enough coffee trying to write this.

The word "lighted" is not defined in the code anywhere. In such a case, statutory construction is guided by the principle that in interpreting language that is plain and unambiguous, the courts "are bound by the plain meaning of that statutory language. Thus, when the General Assembly has used words that have a plain meaning, courts cannot give those words a construction that amounts to holding that the General Assembly meant something other than that which it actually expressed." Beck v. Shelton, 267 Va. 482, 488, 593 S.E.2d 195, 198 (2004).

It would seem that the phrase "lighted pipe, cigar, or cigarette" is fairly clear and attempting to apply this definition to electronic cigarettes is a huge leap.

I also agree that "inhaling, or exhaling of smoke" does not include inhaling vapor.

If the ban was intended to include electronic cigarettes then the statutory definition would have to be rewritten to specifically include such devices.

Rob Smallenberg
In-House Counsel
teamhealthechoice

[Mac]

It seems I'm the only one in VA who is worried about this. I'm not up for a fight with the big boys ( due to my job ) I guess I will do what I all ways do and go outside with the rest of the bunch. -Most people who know me would think I'm crazy- I NEVER back down from a good match- but this is bigger than me! I've had more than one heated disscussion about PV's vs cigs. Anybody want to put up a good fight??? Ha Ha

I think it's safe to say that the retailers will fight it for you. Our entire business model hinges upon public demonstrations in an enclosed area. We will not just arbitrarily let them shut us down because they feel like it. we will fight them. They have no legal basis for that absurd claim and if it goes to court they will lose.

[kristin]

I think Attorney Smallenberg has pretty much made the case that vaping is NOT covered under current statutes in Virginia. The guy/gal at the Health Dept. was giving their OPINION, not the actual law as it stands.

You can vape in Virginia anywhere you want until they actually add vaping into the law. (But please be considerate. )

Although - Attorney Smallenberg should probably advise his clients not to make unsubstantiated claims on their website about e-cigs, too?? That doesn't help our cause.