it doesn't look good for the city of Birmingham

[CES]

I Just found out....the Birmingham city council is has the smoke-free ordinance on today's agenda...here's a link to the amended version




http://www.informationbirmingham.com/pdf/publicworks/newsmokingordinance.pdf




CRAP!!!!!

WHEREAS, the National Cancer Institute (NCI) has found, many smokers mistakenly
believe that modified risk tobacco products causes fewer health problems than other cigarettes, in
contrast the NCI has found that these products contribute to unnecessary deaths and injuries as
well as huge costs to the nation’s health care system; and

“E-cigarette” means any electronic oral device, such as one composed of a
heating element, battery, and/or electronic circuit, which provides a vapor of nicotine
or any other substances, and the use or inhalation of which simulates smoking. The
term shall include any such device, whether manufactured, distributed, marketed, or
sold as an e-cigarette, e-cigar, e-pipe, or under any other product name or descriptor.

“Smoke” or “Smoking” means inhaling, exhaling, burning, or carrying any
lighted or heated cigar, cigarette, pipe, or other tobacco or plant product intended for
inhalation, in any manner or in any form. “Smoking” also includes the use of an ecigarette which creates a vapor, in any manner or in any form, or the use of any oral smoking device for the purpose of circumventing the prohibition of smoking in this
Section.

(though it looks like technically stealth vaping will still be legal....)

It is item 2 on today's agenda....and the meeting starts at 9:30 am. there is a public comment time

 

[TomCatt]

Double CRAP!!

" ... or carrying any lighted or heated ..." - this actually sounds like they could make possession of PVs a violation of the ordinance.


<< Stealth vaping technique: inhale vapor, then inhale air through your nose, wait a second or two, exhale. Works much better than just inhaling and holding. >>

 

[Beans]

CES, I can't get the link to open. Do you have any links to contact those that are voting today? I'll start emails and calls if you do.

 

[CES]

I'm actually at thee meeting posting from my phone. There is a link to the ordinace on the city council web page

Casaa has a calll to action on their website. Thank you!

 

[Beans]

On it Thanks!

Ok, I just sent out my story to the council members and pleaded with them to exclude e cigarettes from the ban. I hope it wasn't to little too late. Please keep us informed of the vote.

Thanks for all you do CES!

 

[kristin]

“Smoking” also includes the use of an ecigarette which creates a vapor, in any manner or in any form, or the use of any oral smoking device for the purpose of circumventing the prohibition of smoking in this
Section.

Well there ya go - as long as you aren't using the e-cigarette "for the purpose of circumventing the prohibition of smoking," vape all you want!

Personally, I vape because I don't WANT to smoke anymore. It has nothing to do with the smoking ban.

 

[kristin]

If CASAA could get enough funding, someday it'd be able to fund defense costs for challenging stupid laws like this. Someone could get a fine and then challenge them in court: "OK government, PROVE that is WHY I was using an e-cigarette in the bar! Prove I was using it to circumvent smoking laws and not just to improve my health by not smoking at all. Then prove that my e-cigarette poses any danger to bystanders AND that you have the right to prohibit me from using it anywhere AND you have the right to expect me to stand outside and put myself in danger by being exposed to the second-hand smoke you consider so dangerous AND the possibility of becoming a crime victim by being out on the street alone because you "guess" that my e-cigarette poses a danger to the folks in the bar (most of whom are probably smokers, including the employees.)"

 

[Vocalek]

Clarification:

When the NCI discusses "modified risk tobacco products" they probably were talking about tobacco cigarettes that were modified to deliver lower tar and nicotine levels. It's true that the disease levels are not lower with these products, which is why the terms "light", etc. have been outlawed.

There is scientific evidence that switching to snus from smoking reduces disease risk, but snus is not yet officially recognized as a "modified risk tobacco product" under the FSPTCA.

 

[Vocalek]

If CASAA could get enough funding, someday it'd be able to fund defense costs for challenging stupid laws like this. Someone could get a fine and then challenge them in court: "OK government, PROVE that is WHY I was using an e-cigarette in the bar! Prove I was using it to circumvent smoking laws and not just to improve my health by not smoking at all. Then prove that my e-cigarette poses any danger to bystanders AND that you have the right to prohibit me from using it anywhere AND you have the right to expect me to stand outside and put myself in danger by being exposed to the second-hand smoke you consider so dangerous AND the possibility of becoming a crime victim by being out on the street alone because you "guess" that my e-cigarette poses a danger to the folks in the bar (most of whom are probably smokers, including the employees.)"

We would want to set up a separate corporate entity for the Vapor Inhaler Legal Defense Fund and designate it as a 501 c 3 non-profit. Donations would be tax-deductible.

 

[CES]

We WON!!!!

they exempted e-cigs from the ordinance!!!

Smoke” or “Smoking” means inhaling, exhaling, burning, or carrying any
lighted or heated cigar, cigarette, pipe, or other tobacco or plant product intended for
inhalation, in any manner or in any form. “Smoking” also includes the use of an ecigarette which creates a vapor, in any manner or in any form, or the use of any oral smoking device for the purpose of circumventing the prohibition of smoking in this
Section.

They ended up just striking e-cigs from the definition of smoking (as above), but at at one point they were going to use language stating that e-cigs were exempt until the FDA showed that e-cigs posed a danger to others.

The absolute BEST moment was when the city council president asked me what they should be called..I said "smoke-free e-cigarettes". And two antz reps shouted out "no they're not"....

 

[CES]

Thanks for the clarification Elaine - that's helpful, i wasn't sure what they meant by modified risk.

 

[DC2]

I just found this, posted three minutes ago...
New smoking ban passes in Birmingham - MyFoxAL.com - FOX 6 News

BIRMINGHAM, AL (WBRC) -
Birmingham's city council has passed a tough new smoking ordinance.

Other amendments that were passed by the city council allowed for the use of electronic cigarettes and set the minimum at 80% of sales from tobacco for cigar bars to get an exemption.

 

[Beans]

That's Fantastic News!!!!! Thank you CES for making a presence for us there.

 

[Vocalek]

Did those ANTZ reps have any scientific background? If so, they should give back their college degree.

 

[CES]

if they had a scientific background i'm sure they would have mentioned it.

 

[pianoguy]

That's Fantastic News!!!!! Thank you CES for making a presence for us there.

+1 amen - great news!!

 

[yvilla]

Congratulations CES and all Birmimgham residents! And my thanks to you CES as well!

 

[Shiryo]

Congrats on the win guys!

I said "smoke-free e-cigarettes".

Should have said Personal Vaporizers though.

 

[TennDave]

Congrats, Birmingham!!!
My sister who lives there sent out the letter I wrote to the councils some time ago. Her and others most likely made a difference here!!

 

[MrsCasey]

We WON!!!!

they exempted e-cigs from the ordinance!!!



They ended up just striking e-cigs from the definition of smoking (as above), but at at one point they were going to use language stating that e-cigs were exempt until the FDA showed that e-cigs posed a danger to others.

The absolute BEST moment was when the city council president asked me what they should be called..I said "smoke-free e-cigarettes". And two antz reps shouted out "no they're not"....

Great victory! Thanks to CES and everyone who helped persuade the Birmingham City Council to strike e-cigs from the definition of smoking. Great work!!!!