I had an great conversation with Board member Nicola after the hearing. I clarified for him a few things that were left quite murky during the hearing and he agreed that it was a shame the amendment to remove the usage ban was not passed. I gave him a rundown of some of the history with the FDA, including the fact that they have had the ability to regulate e-cigarettes for almost 2 years but have not yet moved on their new authority because they are too busy trying to shoehorn them into a drug classification. When I pointed out that there is really no way to effectively enforce this (and IMO this actually makes it more difficult to enforce the indoor smoking ban if the BoH can't tell the difference between cigarettes and smoke-free products). Nicola said, "Right, we won't enforce it."
When I mentioned that this "regulation" doesn't technically include non-electric vaping devices like the Ploom (which reminds me that I forgot to retrieve my Ploom from security after the meeting.

Ironic that they kept that one, had a really hard time understanding that the battery on my Inferno PT doesn't have any secret compartments, but didn't bat an eye at my bigger mods..go figure!) and showed him that many e-cigs look absolutely nothing like cigarettes, I think a light went on for him. I think that he knows this regulation will be challenged in courts and that it is unlikely to stand--the entire board seems *mostly* aware that there is no scientific rationale for this move, but only 4 (of 8 as I counted, but still not a majority...I'm still unsure why it went down as a 4-6 vote when there were only 8 board members at the podium) voted to remove the ban when Chair Patterson came out against it saying that she thought that "maintaining the social norm" was more important. (Nevermind that the "social norm" they are protecting is that smokers are second class citizens)
I think my favorite moment was as Member Nicola was getting ready to leave....I was kinda on a roll at this point--too bad I didn't have an opportunity to say this to the rest of the BoH. Even though he'd been mostly on our "side" all morning, I saw a look of stunned realization when I told him a bit about how I quit smoking *accidentally* and then explained: "The idea that e-cigarettes could possibly encourage children and nonsmokers to start smoking is preposterous. First there is no evidence that children are even interested in electronic cigarettes (the CASAA and Etter surveys tell a VERY different story) in the first place. But
even if a they tried an e-cigarette, there is really no reason why they would use nicotine if they aren't addicted it only gives it a "peppery" flavor that a non-smoker would not appreciate. ...
Even if they did use nicotine, there is no reason to expect them to become addicted since research shows that Nicotine without the reinforcing properties of MAOIs in smoke is not particularly habit forming--that's why you don't hear about people getting addicted to nicotine from NRTs.
And even if they DID develop a nicotine addiction, there is no reason to think that someone who was attracted to the flavors available in e-cigs would have any interested in the burning taste of smoke."
I am still pretty sad about the whole thing. I'm feeling a little embarassed for being nervous and stumbling over my words, but moreso I am embarassed for the King County Board of Health. I'm kicking myself for not speaking out of turn a few times to straighten them out...but all is not lost in King County. This issue has gathered enough attention that I think a legal challenge is inevitable, and this poor excuse for a regulation has no basis in science so I don't think it can hold up against any scrutiny. In the final analysis, they have passed a worthless "ban" that will not stand up to scrutiny and their only real rationale is that "maintaining the social norm". Apparently, "denormalizing" smokers is more important than giving them a reason to use a smoke-free alternatives.
I suspect that the best way to fight against this worthless ban is to jump all over the bannedwagon until it falls apart! If enough people in King County start calling in to complain about establishments not doing anything to stop people from vaping, eventually they'll have to investigate and the lunacy of this regulation will be made plain. (Keep in mind this regulation does not actually impose any fines on the person
using the "electronic smoking device" but rather a warning, then a $100/day fine for property managers who allow it to happen. It could be fun to watch them try: "Sir, you need to put out that electronic smoking device." "What electronic smoking device? All I have is this smokeless tobacco product in my pocket. I didn't smoke anything. Prove me wrong." Or as a Chris Snowden so eloquently put it:
"Sue me, fatso."