$120 Fine for Vaping In Starbucks

[AlmightyGod]

The above post is the worst advice I've ever read on ECF.

Either go to court & contest, or pay the fine & get on with life.

Next time, don't vape inside Starbucks. If smokers can wait for their nic, so can you.

 

[rachelcoffe]

I agree with Can_supplier. Though if you have the time & are so inclined, you could always show up & use the opportunity to explain how you weren't smoking. It's just liquid being vapourized.

A Starbucks is a private business on private property, so if the Starbucks people had asked you to stop doing that, of course that would be within their rights & you would need to respect their wishes. Just like how some stores have a no shoes, no shirts, no service sign pasted on the door. It's not a matter of legality, it's a matter of private businesses get to make the rules on their own property. If you wanna be their customer, follow their rules.

That said, it appears that no one at Starbucks had asked you to stop vaping. A by-law officer made a mistake; 5 minutes in the ticket court would quickly show you weren't burning anything, or creating smoke, or smoking. The judge'll probably smile & say "how about that - you learn something new every day" - and a few more people will know of the wonder that is vaping.

But yeah, otherwise...Can_supplier is right. It's a ticket, not a crime.

 

[Switched]

On every forum I've been on, there is always a small group of 'old members' who like to pick on the 'new class', ignoring their opinions, putting them down, etc. I guess we should have joined last year, then we wouldn't be such a bunch of dumbasses.

Not totally true. Those who come and learn are indeed extended the respect and courtesy they justly deserve, and then there are others... nuff said.

 

[AlmightyGod]

Not totally true. Those who come and learn are indeed extended the respect and courtesy they justly deserve, and then there are others... nuff said.

Switched is right, even if they had joined last year, they would still be dumbasses. I think these are the same people who talk during the symphony, because it's not against the law.

 

[DaveP]

I'd drop into court and tell my side of the story in a calm, intelligent manner. The judge obviously doesn't have a law to uphold the ticket and you can take some printed information to back up your claim that vaping is different from smoking, doesn't present side stream smoke, and that the exhaled vapor is virtually nicotine free.

You may have to pay court costs, but you will not have to worry about being pulled one day for an outstanding citation. When I was 17, I got pulled over for failure to give a turn signal. I actually did, but right before I made the turn. I had loud mufflers but wasn't revving it up or speeding. Since I was young, the cop felt led to pull me over and give me some grief. The ticket was $35, but I went to court over the principal issue. The judge asked me if I gave a turn signal. I said yes. He asked the cop and he said yes, but late and just before I turned. The judge warned me that the law says I have to issue a turn signal 150 feet before a turn, banged the gavel, and said, "The ticket will be revoked. Pay $6 court costs at the window on your way out." I thanked the judge and the cop, paid my $6 and went home happy that I forced justice to be exercised.

 

[jazdale]

What kind of car is in your avatar?? WOW

edit: directed at jazdale

Isn't that a cool car. Could you imagine what it would feel like to rumble down the road in something with a hood that long?

Anyways, I have zero affiliation with that car, its just cool, but it is a one-off custom job built on a Cord frame.
Here's a link.
Amelia Island Concours d

Here's a link to other crazy cars from the concors d'elegance. An over-the-top annual event that displays very wealthy people's cars.

concours d'elegance - Google Search

 

[Can_supplier]

Win in court loose in court, it doesn't matter.. Its not the Supreme Court, you are not setting precedence. No one knows or cares what you do in some municipal kangaroo court. Even if you "win" you've wasted more than $120 worth of your time.

It is not worth wasting your time. To even acknowledge the ticket by taking it to court, gives legitimacy to the silly charge itself.

If its change you want, civil disobedience is a powerful weapon. Its especially rewarding if exercising it costs you nothing, and wastes none of your time.

 

[greencity]

Reading this thread has been quite enlightening. The general message to noobs it seems is "Know yer role and shut yer hole!"

Haha! That was great. So true.

 

[AlmightyGod]

Civil disobedience is the act of ignoring the possibly unjust law, not ignoring the process once the law has been enforced. (Whether it's merely a civil court or not, isn't what's at issue.)

 

[Can_supplier]

Civil disobedience is the act of ignoring the possibly unjust law, not ignoring the process once the law has been enforced. (Whether it's merely a civil court or not, isn't what's at issue.)

What is disobedient about ignoring a law that is not being enforced?

"Civil disobedience is the active, professed refusal to obey certain laws, demands, and commands of a government, or of an occupying international power."
http://en.wikipedia.org/wiki/Civil_disobedience

In this case its refusal to pay the fine (demand) or acknowledge it in court (command).

 

[Concat]

Please review the Ontario smoke-free act:

Smoke-Free Ontario Act, S.O. 1994, c. 10

It explicitly states "smoking tobacco." If the judge can find language in there that extends to vaping, then he/she could convict us of anything.

Controls Relating to Smoking Tobacco

Prohibition

9. (1) No person shall smoke tobacco or hold lighted tobacco in any enclosed public place or enclosed workplace. 2005, c. 18, s. 9.

Other prohibitions

(2) No person shall smoke or hold lighted tobacco in the following places or areas:
1. A school as defined in the Education Act.
2. A building or the grounds surrounding the building of a private school, where the private school is the only occupant of the premises, or the grounds annexed to a private school, where the private school is not the only occupant of the premises.
3. Any common area in a condominium, apartment building or university or college residence, including, without being limited to, elevators, hallways, parking garages, party or entertainment rooms, laundry facilities, lobbies and exercise areas.
4. A day nursery within the meaning of the Day Nurseries Act.
5. A place where private-home day care is provided within the meaning of the Day Nurseries Act, whether or not children are present.
6. The reserved seating area of a sports arena or entertainment venue.
7. A prescribed place or area. 2005, c. 18, s. 9.

For the record I think vaping in public places is much akin to swearing in public. Sure, it's technically legal (provided it's not "causing a disturbance"), but that doesn't mean cops won't give you a hard time. And trust me, giving law abiding citizens a hard time is one of their past times.

I would fight the ticket if you can take time off work or whatever. Otherwise, swallow your pride

P.S. If the ticket sticks, well then say goodbye to fog machines at rock concerts...

 

[hotone]

I'm sorry but I have to call BS on this thread. A cop does not just walk up and hand a ticket to anyone with no chance to explain. He must have asked for some id before giving the ticket. I don't know too many people who would pay something without their name on it. Either there are parts of this story we are not hearing or it is being exaggerated for dramatic effect.

 

[Zurd]

I'm sorry but I have to call BS on this thread. A cop does not just walk up and hand a ticket to anyone with no chance to explain. He must have asked for some id before giving the ticket. I don't know too many people who would pay something without their name on it. Either there are parts of this story we are not hearing or it is being exaggerated for dramatic effect.

True, I'd love to see a scan of the ticket.

 

[alldayvape]

hmm that's true.. In order for the cop to issue a valid ticket, he would need to have your name.. Otherwise it's just a useless piece of paper.. Nice catch hotone...

 

[Can_supplier]

I would imagine the OP would've omitted parts of the story to condense it to post.

"The police officer asked my name, which I told him, and then he wrote it on the ticket" is bulk that I think can be safely omitted from a message

My question is, was it a Police Officer or was it a meter maid/bylaw enforcement person? If it was the latter, which seems most likely, why give your name?

I recall near a year ago one of the members got a ticket for vaping on the TTC from their secuirty.

If you want to catch Mike on something, ask him if he was stealth vaping, how would anyone know... hmmmm... LOL

 

[Concat]

lol wow, 8 pages in and no one caught on to that...

Yeah sounds to me we got the abridged version of the story.

 

[TallGrass]

 

[inkedcanadian]

preach on coug. preach on.

 

[wood]

+1 for coug lol

 

[NatureBoy]

I'm sorry but I have to call BS on this thread. A cop does not just walk up and hand a ticket to anyone with no chance to explain. He must have asked for some id before giving the ticket. I don't know too many people who would pay something without their name on it. Either there are parts of this story we are not hearing or it is being exaggerated for dramatic effect.

That was my first thought, and I had to read through 8 pages of crap before I saw at least one person to mention this.

You're not issued a ticket without a name on it. If someone, bylaw officer or cop, comes up to you and starts writing a ticket for smoking and asks for ID, you tell them to kindly go stuff it, you're not breaking any laws. Grow a backbone for gods sake, they're not going to arrest you.

Seriously, are people really this naive?