Kristen,
Didn't the AG of Virginia say that ecigs do not come under the definition of smoking? Could his stand be used as a precedent for other states and battles we are to have?
Yes he did and there was a similar event in Wisconsin. But that is different than specifically excluding them. The laws simply do not include e-cig use in the definition of "smoking," so e-cig use isn't legally prohibited. But state and local governments and health boards are slowly starting to change their definition of smoking to include e-cigarette use. But I believe that having an act that specifically excludes e-cigarettes from the statute is better because it should be more difficult to reverse that.
Additionally, IMO, it sends a message loud and clear to the public and to local governments that e-cigarette use is not smoking. Otherwise, it leaves too much to interpretation, such as health boards and municipalities giving out the wrong information based on opinion rather than law. For example, one city's health board in Wisconsin did tell people inquiring that the smoking ban included e-cigarette use, even though the ordinance was not amended to include e-cigarettes in the existing ban. An actual act that says e-cigarette use is allowed would help avoid lawsuits and activism needed to stop unlawful bans such as that.
I've been talking to Bill Godshall about it and he feels it's useless to pass the law as written, because it doesn't require local government to follow suit - they can always ban e-cig use even if the state doesn't. He is right, but I don't feel it would be completely useless. In Wisconsin, there were very few local governments with their own smoking ban before the statewide ban took effect last year. So I feel most would continue to follow the statewide law and allow e-cigarettes to be used - especially since most businesses who know e-cig use isn't currently banned have welcomed e-cigarette users to bring smokers back into the establishment.
To me, it's 100x better to specifically exclude them rather than rely on "they aren't included as written." A perfect example of that is in another municipality (I can't recall where it was just now) where they wrote for an opinion on whether e-cigs were covered. They were told "no," but it didn't stop there. The AG basically gave them specific advice that they should get the law amended to include e-cig use in the "smoking" definition. I cannot believe that a preemptive strike explicitly including them would be a bad idea.
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