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Can a grocery store prohibit vaping in their parking lot?

Discussion in 'General Vaping Discussion' started by memeticengineone, May 12, 2016.

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  1. memeticengineone

    memeticengineone Super Member

    Feb 19, 2016
    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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  2. StormFinch

    StormFinch Ultra Member Verified Member ECF Veteran

    Mar 22, 2010
    Arkansas
    Parking lots, like shopping malls, are considered private property. Their property, their rules.
     
    • Like Like x 4
  3. Rickajho

    Rickajho ECF Guru Verified Member ECF Veteran

    Apr 23, 2011
    Boston MA
    Although it sounds absurd if it's their own private lot they can prohibit you from doing whatever they care if you want to use the facility.
     
    • Like Like x 2
  4. Izan

    Izan Vaping Master ECF Veteran

    Jul 1, 2012
    Mallorca, Spain
    If you don't agree with their rules, DO NOT give them any of your money.
    Money is ALL they care about.

    Knees or not.. your choice in this situation.

    Cheers
    I
     
    • Like Like x 3
  5. Semiretired

    Semiretired Vaping Master ECF Veteran

    Sep 24, 2011
    Middle Georgia
    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:
     
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  6. StormFinch

    StormFinch Ultra Member Verified Member ECF Veteran

    Mar 22, 2010
    Arkansas
    Maybe hand them a copy of the Royal College of Physicians' report in place of the money? ;)
     
    • Like Like x 4
  7. Jdurand

    Jdurand Ultra Member Verified Member ECF Veteran

    Oct 16, 2014
    Long Island, NY
    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!
     
  8. wiredlove

    wiredlove Master Lurker Verified Member ECF Veteran

    Supporting member
    Feb 2, 2010
    KY
    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.
     
    • Like Like x 1
  9. Jdurand

    Jdurand Ultra Member Verified Member ECF Veteran

    Oct 16, 2014
    Long Island, NY
    I didn't realize this reading the OP's post the first time.

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

    memeticengineone Super Member

    Feb 19, 2016
    Yes, it's all the same to them. If it emits a visible vapor it's "smoking"
     
    • Agree Agree x 1
  11. Tagi

    Tagi Super Member Verified Member ECF Veteran

    Feb 26, 2014
    Dallas Texas
    Depends on your location. Here in Tx that is a big No.
     
    • Like Like x 2
  12. Frenchfry1942

    Frenchfry1942 Chillin' Verified Member ECF Veteran

    Jan 12, 2014
    Sky Island
    Ignorance abounds. But, private property is...privately controlled property.
     
  13. Vaslovik

    Vaslovik Account closed on request ECF Veteran

    Jul 5, 2013
    They can do that, yes, it's their property. Conversely it's your money to not spend there.
     
    • Like Like x 1
  14. Jdurand

    Jdurand Ultra Member Verified Member ECF Veteran

    Oct 16, 2014
    Long Island, NY
    Well there ya go, can't fix stupid or ignorant.....Still their house, their rules. All you can do is decide if you will give them more money to enforce their stupid rules.
     
  15. memeticengineone

    memeticengineone Super Member

    Feb 19, 2016
    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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  16. Elvensilvan

    Elvensilvan Senior Member ECF Veteran

    Feb 9, 2016
    Nagoya, Japan
    Here in Japan, you can be reprimanded if you were smoking in the parking lot, but not when you're inside your car.

    :vapor:
     
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  17. Tagi

    Tagi Super Member Verified Member ECF Veteran

    Feb 26, 2014
    Dallas Texas
    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.
     
    • Like Like x 1
  18. sisu

    sisu Super Member Verified Member ECF Veteran

    Supporting member
    Sep 9, 2014
    Texas
    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.
     
    • Like Like x 2
  19. mcclintock

    mcclintock Ultra Member ECF Veteran

    Oct 28, 2014
    Unnecessary Exercise Of Authority.
     
    • Like Like x 1
  20. Canadian_Vaper

    Canadian_Vaper Vaping Master ECF Veteran

    Jul 30, 2015
    ON. Canada
    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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