Can a grocery store prohibit vaping in their parking lot?

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memeticengineone

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An employee at the only organic grocery store in town saw me vaping in the parking lot, 25+ feet away from the entrances or any ventilation. They proceeded to tell me when I wen my inside that they don't allow "smoking" on the "entire property". I asked if this included their parking lot 25+ feet away from entrances and vents as per state law. They said yes. I asked for clarification incredulously and they confirmed that this is their policy. I don't want to be refused service there so I put it away but I really don't think that banning vaping in the parking lot is within their legal rights. Is it?
 
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StormFinch

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I would of loaded my cart up to the brink - ask at the cash register to have them clarify - if they gave an affirmative - I would of informed them they just lost a sale for being so ignorant... :sneaky:

Maybe hand them a copy of the Royal College of Physicians' report in place of the money? ;)
 

Jdurand

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There are far worse "rules" being enforced out there than this, but private property is just that. You are the only one who can decide if you are going to support their business. Seems if organic foods are important to you, you have to jump through their hoops to get it. It is what it is these days!
 

wiredlove

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From what they said to you, it's also always possible that they thought you were actually smoking. From a distance I've seen friends that were vaping, that I knew were vapers, and thought they were smoking. It happens, especially if you're blowing huge clouds. Either way, it's their property.
 
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Jdurand

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From what they said to you, it's also always possible that they thought you were actually smoking. From a distance I've seen friends that were vaping, that I knew were vapers, and thought they were smoking. It happens, especially if you're blowing huge clouds. Either way, it's their property.

I didn't realize this reading the OP's post the first time.

OP, did you identify that you in fact were not Smoking?
 

Tagi

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An employee at the only organic grocery store in town saw me vaping in the parking lot, 25+ feet away from the entrances or any ventilation. They proceeded to tell me when I wen my inside that they don't allow "smoking" on the "entire property". I asked if this included their parking lot 25+ feet away from entrances and vents as per state law. They said yes. I asked for clarification incredulously and they confirmed that this is their policy. I don't want to be refused service there so I put it away but I really don't think that banning vaping in the parking lot is within their legal rights. Is it?

Depends on your location. Here in Tx that is a big No.
 

memeticengineone

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Depends on your location. Here in Tx that is a big No.
Finally someone who is getting into state law rather than reminding me that a business can refuse service (they have a terrible selection anyway I barely shop there). I'm in Washington state which has some of the most stringent anti smoking laws in the country. I blame the sort of Hillary Clinton-voting, nanny state liberals who cheer when the cops shoot may day protestors and bust up anarchist squats. The legislature included vaping along with "smoking" after the smoking law initiative passed so I have people "concerned for my health" all over the place telling me where I can and can't vape. I've never once been hassled in the parking lot at the regular-... Red Apple Market. I think it really comes down to class differences because vaping isn't really an activity of idle rich kids here the way it is in the city. Probably because almost everyone here is either under 20 or over 35 and it's a very backwards place (by design).
 
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Tagi

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Finally someone who is getting into state law rather than reminding me that a business can refuse service (they have a terrible selection anyway I barely shop there). I'm in Washington state which has some of the most stringent anti smoking laws in the country. I blame the sort of Hillary Clinton-voting, nanny state liberals who cheer when the cops shoot may day protestors and bust up anarchist squats. The legislature included vaping along with "smoking" after the smoking law initiative passed so I have people "concerned for my health" all over the place telling me where I can and can't vape. I've never once been hassled in the parking lot at the regular-... Red Apple Market. I think it really comes down to class differences because vaping isn't really an activity of idle rich kids here the way it is in the city. Probably because almost everyone here is either under 20 or over 35 and it's a very backwards place (by design).

No idea of what the laws are there in Washington, learning the details of what it is here in Texas was a chore enough.

Here, there is nothing to be charged with for Vaping\smokeing in a parking lot. But, if you are asked to leave and do not, you can be charged with trespassing irregardless of why they are asking for you to leave.

This is of course assuming its not a prison or gated and guarded parking lot. Those have their own set of laws.
 

sisu

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Rather than rely on an employee I would ask the store manager, not an assistant manager. If the store is part of a strip mall the parking lot may be considered a common area owned by the mall.

I live in Texas and have never seen smoking or vaping prevented in a parking lot. There are no "no smoking/vaping" signs at the entrances. Cigarette butts in the lots are fairly common, especially convenience stores. Perhaps it is a Dallas ordinance.
 

Canadian_Vaper

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A list of common things that people don't allow on their properties:

1. No Hats
2. No Shoes No Shirt No Service
3. Shhhhhhh Please be quiet
4. No perfume/cologne
5. No Guitar Solo's/Stairway to Heaven

Property owners have a right to refuse service for any reason they want to as long as it's no racist/sexist...
 
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