Alabama bill (SB168) would ban smoking (but not vaping) in workplaces

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Jman8

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Wouldn't it behoove the vaping community to oppose this?

Obviously be happy that eCigs aren't include.

But if we want smokers on our side, then opposition to this seems helpful (in long run) for our cause.
And language of bill cites "public nuisance" as factor for ban, such that it might not be too long from this point that eCigs are found to be public nuisance.

I dunno. I imagine I'm in a minority here, but I just think throwing smokers (smoking rights) under the bus and pretending like this bill is good cause it doesn't bring up vaping (today) is short sighted, IMHO.
 

CES

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Good find Bill, thank you.

I thought that this was probably coming up again and had looked the other day but didn't see it.

the Alabama legislators have been trying to pass a smoke free act for at least three years, it's died in committee every time (unless a specific municipality has passed an ordinance, smoking is still legal in bars etc) . Last year was the first time that e-cigs were specifically exempted in the house version of the bill. They weren't exempted in the senate version. I'm glad to see that the senate has included the exemption in this year's version. (now to find the house version)

Rather than lay low, I'd encourage people to directly support this bill with it's exemption of e-cigs. I wouldn't be surprised if there are others out there who will actively lobby to remove the exemption.
 
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Jman8

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IMO, this sort of bill is the epitome of where we stand right now in America with rights of tobacco users, or laws that impact nicotine users.

Some vapers are clearly okay with this bill being passed, as is, and seemingly not caring how it impacts tobacco users. Perhaps even supporting the language of the bill.

It is just a variation of TCA at the state level. Yes, it is great that today, in current version, vaping is exempt. Let's rejoice over this fact.

But absolutely and undeniably stinks for 'rights of tobacco user' that this bill will get passed. To think this will not someday impact vapers is IMO, incredibly short sighted. To not oppose this strongly is making your own bed that I hope you are prepared to lie in later. This bill deals with language of 'public nuisance' and some ex-smokers have almost no problem agreeing to blanket bans that address smoking as a public nuisance, health hazard, huge no-no.

I currently take issue with that among fellow vapers, but it is what it is, and I do take (dark) comfort in knowing chickens will come home to roost and vaping will be next up on the chopping block as public nuisance. Would love to see it not go that way and instead would love to see us fighting the good fight today on bills such as this. But there is a disconnect that I observe on legislation such as this and well, sucks to be a nicotine user. Smoke (or vape) 'em while you got 'em.
 

CES

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Jman,

I hear what you're saying, and i don't want to throw smokers under the bus. I was one myself for more than 30 years. I'm lucky in that Alabama has not been as draconian as many other places.

When a city ordinance came up in Birmingham, I stood up in front of the city council with the bar owners and and spoke up against the ordinance as a whole, but the best we could do was get e-cigs exempted. It's taken 3 years of writing letters to get e-cigs specifically from the Alabama state bills. It may not come up for a vote...the previous versions didn't.

You're not wrong, and I wish that i thought that smokers rights was a battle that we could win at this time. But in my personal cost-benefit analysis, I'd rather put more of my energy to the battles in Vermont, California and Colorado.
 

Bill Godshall

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Nothing like some vapers trashing a smoking ban bill that exempts vaping (after we urged AL legislators to do so).

Banning smoking in workplaces is not "throwing smokers under the bus".

Rather, workplace smoking bans are one of three key reasons e-cig sales have rapidly grown (the other two key reasons are high cigarette taxes and health benefits of e-cigs).

Besides, the anti smoking activists in AL have been pushing this legislation for more than 20 years without success. Thus, once it is enacted, there is little if any chance that AL legislators will amend the new smoking ban (to also ban vaping) for at least another 20 years.
 

Jman8

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Nothing like some vapers trashing a smoking ban bill that exempts vaping (after we urged AL legislators to do so).

Banning smoking in workplaces is not "throwing smokers under the bus".

Rather, workplace smoking bans are one of three key reasons e-cig sales have rapidly grown (the other two key reasons are high cigarette taxes and health benefits of e-cigs).

If AL were occurring in some isolated vacuum of space and the only state currently enacting bans on workplace / indoor space air quality, I'd think these points have some merit.

But, it is not and our opposition has been entirely vocal (prideful) that attacks on smoking in last 50 years have been great/victorious. Legislation around smoking, it would seem from the opposition, can't go far enough. So, when we who are pro-vapers support those sort of bans, we are literally on their side. All one big community that is okay with banning smoking in as many places as possible.

Which is throwing the pro-smoke sub-community under the bus.

So, as pro-vapers, we can strategize and think that's smoking, this is vaping. Two very different things. As long as they won't do this to vaping, then we (pro-vapers) can cut that loss, and do what we can to ensure it doesn't go that way for vaping.

But it is, right now, going that way for vaping. AL is currently an exception to how things are going, yet AL is basing their smoking ban partially on "public nuisance."

Some vapers consider vaping indoors, anywhere in public, a public nuisance. Non-vapers are likely to consider the same. Perhaps not all of them, but as their numbers are considerably higher, then 5% of all non-vapers considering vaping indoors a public nuisance would pretty much cover the entire vaping community. Then there are the anti-vapers, who just so happen to be the anti-smokers, and they are doing all they can to make sure all non-vapers realize vaping equals smoking when it comes to usage bans.

I know you, Bill, and many others here get all this, but the strategy to me is questionable. Not, I'm right you're wrong thing. I see us on the same side. The pro-vaping side. But I see our side, all too often, throwing the pro-smoke bunch under the bus. And it is my belief that it is only a matter of time, likely still in 2014, that this exemption is seen for what it is, an attempt to get around the public nuisance claim that anti's will realize, and will prey on when (not if) it comes time to reconsider vaping as a public nuisance. If you (non-vaper or vaper) were okay with the indoor smoking ban, then surely you'll see no issue with the indoor vaping ban, as both are, clearly a public nuisance, or so says the anti-vaper.

Besides, the anti smoking activists in AL have been pushing this legislation for more than 20 years without success. Thus, once it is enacted, there is little if any chance that AL legislators will amend the new smoking ban (to also ban vaping) for at least another 20 years.

I truly hope you are right on this claim that undoes what I just said above. I do see it being far less than 20 years, and do see all the vaping usage bans popping up for a reason that is not too challenging to figure out. Quash vaping / decimate the industry, and a very significant gain will be had by the anti crowd.

I truly think if vapers can agree to reasonable regulations (none of which ought to include bans, as that would be unreasonable), then we ought to also be strongly considering reasonable regulations for smoking/smokers (none of which ought to include bans). Whenever a usage ban comes up for smoking, it makes usage bans for vaping far far easier for society to consider.

Perhaps in one of these states we can make the issue about the principle, rather than looking to buy time for the pro-vaping crowd.

Admittedly though, given what (or who) we are up against, and given how divided our own community is, perhaps the best we can hope for at this point is buying some time for pro-vaping.
 

rothenbj

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jman, in PA, we have a smoking ban that covers all but a small percentage of locations, those exist in the bar/bar restaurant industry. Perhaps 5-10% of these establishments still permit smoking. There is a bill in processing that would close this "loop hole". I have to believe Bill is a proponent of this bill which puts me on the other side of the debate.

80% of the people have the choice of the 90-95% of non smoking establishments, however the 20% of the population that smokes would have 0% of places to go if they wish to comfortably go out under their conditions. I frequent both types establishments, preferring the smoking locations since you don't even need to worry about someone opposed to vaping.

Smokers gravitate to those locations because they're comfortable there. Why should all smokers have no place to go? Why should smoking wait staff have no place to work? However nothing in the ANTZ playbook ever stops. They continually come back with more restrictive regulation time after time. Vaping is just lower on most of their lists.
 

CES

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Birmingham banned smoking in bars and pubs a couple of years ago...but just last week i was in a little out of the way corner bar with my smoking friends. This bar still allows smoking inside...the people who go there just make sure they have the cash to pay the fines.

Other than that location, these friends usually get together at someone's house. There's quite a bit of money lost by people who no longer go out because of the smoking bans.
 

rothenbj

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Birmingham banned smoking in bars and pubs a couple of years ago...but just last week i was in a little out of the way corner bar with my smoking friends. This bar still allows smoking inside...the people who go there just make sure they have the cash to pay the fines.

Other than that location, these friends usually get together at someone's house. There's quite a bit of money lost by people who no longer go out because of the smoking bans.

That's what's not understood. The bar where I run a Texas Holdem tourney has smoking and there is a bill in the works to shut that down. I was talking to the owner and he wasn't concerned. He doesn't seem to realize that since he's one of the few bars in the area that smoking is allowed, he gets a lot of that business. There are a lot of nicer ones, that's for sure. Between losing customers that would go somewhere else, like closer to home or nicer places, and get togethers at home he could be hurting.
 

CES

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It's another area where the numbers aren't reported. There's a fair amount of data that shows that the bar and pub business loses income with smoking restrictions. We had a similar situation, from what i've seen here, those businesses that allowed smoking were really hurt by the ban. Those that didn't already had a non-smoking clientele. And guess what, those non-smokers for the ban didn't start going to the bars that previously allowed smoking, but the smokers stayed home more often.
 
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