Long Island Rail Road bans ecigs

Status
Not open for further replies.

Petrodus

Vaping Master
ECF Veteran
Oct 12, 2010
7,702
8,132
Midwest
EEEK !!!
It reminds people of smoking
1-BitingNailsAnimated_zpsc92b01d8.gif
 

Bill Godshall

Executive Director<br/> Smokefree Pennsylvania
ECF Veteran
Apr 2, 2009
5,171
13,288
67
It could prove helpful to obtain the full text of that Newsday article, as it appears Long Island Railroad's policy decision (that their 2003 smoking ban also now applies to e-cigarettes even though nobody heard of e-cigs in 2003 and even though e-cigs emit no smoke) could be successfully challenged in court (if someone is cited for using an e-cig).

Also, its possible that the LI Railroad's new policy may have been changed unlawfully (e.g. was public notice provided, input accepted, etc.?)

Here's a news summary I received about the Newsday article.

Following concerns raised by the commuter advocacy group Long Island Rail Road (LIRR) Commuter Council about e-cig use aboard trains, the LIRR, a subsidiary of New York State's Metropolitan Transportation Authority, clarified that its 2003 policy banning smoking on trains and at stations also covers e-cigs, with violators facing a $50 fine or 30 days in jail, in addition to removal from a train. (Newsday 07/14)
 
Last edited:

sonicdsl

Wandering life's highway
Supporting Member
ECF Veteran
Verified Member
Aug 11, 2011
17,744
19,245
I will type the article here when I get home tonight. When I checked the rules of conduct last week it said you cannot BURN a lit cigarette cigar pipe etc.

They changed this to:
"smoke or carry an open flame or lighted match, cigar, cigarette, pipe or torch;"

Doesn't mention vaping or ecigs...

Please be careful when quoting sources outside of ECF.

http://www.e-cigarette-forum.com/forum/ecf-forum-rules/51178-forum-rules.html

6. Copyright
You must not post material on this Website that you do not own the copyright to, unless it is done so under a Fair Use agreement. Only one paragraph or 300 words may be posted, whichever is the greater, and a link should be given to the original source.
 

coat

Full Member
Apr 16, 2013
63
46
N/A

thewrightstuff

Super Member
ECF Veteran
Verified Member
Jan 2, 2013
518
1,103
55
Mineola, NY
As a Long Islander, I havent smoked on the train, so I wouldnt vape on the train. Its that easy for me.

I may be in the minority, but if they dont want me to vape there, its not my god-given right to vape there. Its their property, so like a bar, restaurant, car, subway, airplane, walmart, movie theater, or any public place that doesnt allow it, I refrain until I am somewhere that I can do it.
 

Bill Godshall

Executive Director<br/> Smokefree Pennsylvania
ECF Veteran
Apr 2, 2009
5,171
13,288
67
Can somebody please send a copy of the full text of the Newsday article to me at smokefree@compuserve.com


The issue here isn't whether or not vaping should or should not be banned on trains (or anywhere else).

Rather, the two issues here include whether or not a governmental agency (or anyone else) can falsely claim that vaping is the same as smoking in a deceitful attempt to ban vaping, and whether or not the LIRR went through the legally required rulemaking process to change its rules of "Disorderly conduct" (i.e. providing public notice, and allowing for public comment before making changes).


If the LIRR can get away with banning vaping by simply claiming that vaping is the same as smoking, then any and all government agencies, employers and managements can do the same.

And if governments can get away with that, they can get away with reinterpreting any law or regulation to ban anything else they don't like (regardless of what the law's words actually say or mean).
 
Last edited:

Bill Godshall

Executive Director<br/> Smokefree Pennsylvania
ECF Veteran
Apr 2, 2009
5,171
13,288
67
Anyone who is cited for vaping on the LIRR should plead "not guilty", and should challenge the citation in court.

What we need is for some vapers to challenge, and for courts to strike down vaping bans that falsely define vaping as "smoking" and smoking bans that a government agency is deceitfully misinterpreting to include vaping.
 

sebt

Senior Member
ECF Veteran
Feb 3, 2012
174
345
Budapest, Hungary
If the LIRR can get away with banning vaping by simply claiming that vaping is the same as smoking, then any and all government agencies, employers and managements can do the same.

Exactly this. If I lived in the LIRR area, I wouldn't be that fussed about not being able to vape on LIRR trains, if this was an isolated ban. The trouble is that independent thinking on this kind of subject, in corporations and government agencies, is rarer than rocking-horse s**t, and as soon as one organisation sets a precedent, the others just follow like sheep. "Look! LIRR has banned it - it MUST be harmful!" And the next thing you know, you're not allowed to vape on the street; or you get chucked out of your rented property for vaping.
 
Status
Not open for further replies.

Users who are viewing this thread