FDA new york state, vaping indoors can be punishable by criminal misconduct?

[joose junkie]

so i guess vaping in public is criminal. establishments (such as walmart) have signs that state that vaping on the premises is punishable by police action. technically this means its not even allowed in the parking lot? yet there are designated smoking areas located all around the property. are you kidding me?
this isnt the only place where its going down, i see local businesses everywhere posting the same sign. somebody needs to educate these people. seriously.i dont know if they actually enforce this, but it kinda of pisses me off that they would go to this extent. im probably taking this a bit too literally, but technically, according the signs, its a criminal offense. and by the way, im in new york state, just outside of buffalo.

 

[DrMA]

The signage you describe is likely a gross overstatement of the true liability of vapers. AFAIK, it is not illegal in NY State to vape in public places, so the sign simply reflects Walmart policy, which is not enforceable by police, or subject to criminal prosecution.

 

[Bill Godshall]

The NY State legislature hasn't banned vaping in workplaces or other public places, and NY City's vaping ban is NOT a criminal offense.
But stores are allowed to post inaccurate and misleading signs.
Regardless, this inaccurate headline and post don't belong in the FDA thread.

 

[joose junkie]

well, im sorry if you guys think what im posting is false. i promise i will take a PICTURE of this. to prove it to you. the location of said enterprise is in hamburg, ny. and its no joke. indoor clean air policy combined with private property rights, comes to a head. i will have a post including the location and the photo evidence up by monday.

 

[NorthOfAtlanta]

well, im sorry if you guys think what im posting is false. i promise i will take a PICTURE of this. to prove it to you. the location of said enterprise is in hamburg, ny. and its no joke. indoor clean air policy combined with private property rights, comes to a head. i will have a post including the location and the photo evidence up by monday.

No one thinks your lying, Walmart posted the signs with out a law to back them up unless Hammond has passed an ordinance. As bill said the business posted a lying sign.

 

[mightymen]

NYC - no smoking - no e-cigs allowed.

Private property can post no smoking signs.

New York City adds e-cigarettes to public smoking ban
By Adi Robertson on December 20, 2013 09:49 am

New York's city council has decided that vaping around others is as unacceptable as smoking, The Wall Street Journal reports. In a 43-8 vote, the council passed a bill expanding the city's public smoking ban to e-cigarettes, meaning that they won't be allowed in public places like bars, subways, or parks. The council has been debating the measure since late November, with e-cigarette opponents saying they just wanted to close a loophole in New York's stringent anti-smoking laws. They say allowing e-cigarettes but not their traditional counterparts causes confusion, and that children aren't able to tell the difference, leading them to see smoking as socially acceptable. And this isn't the only smoking crackdown of the winter: last month, New York became the first major city to raise the smoking age from 18 to 21.
New York City adds e-cigarettes to public smoking ban | The Verge

 

[JRIP]

I just wanted to throw in something, I recently went to a local fair and saw several vapers. The noteworthy here was 3 teenagers with mechanicals and RDAs standing in line and chucking out massive cloud after massive cloud almost the whole time they were in line. This gives us all a black eye...

 

[Cruizefest]

I live in Ohio and the other day I was at one of our Casino's gambling, and was told that I had to vape outside with the smokers. So now I take my money to a different casino where I can gamble and vape at the same time. Which is cool with me, I win more often at the other casino anyway.

 

[Davey59]

Leave it to New York. I think they may lead the pack in stupid overbearing social engineering laws. I would say you get what you vote for but unfortunately for many, they didn't and just have to live with it anyways.

 

[dragonpuff]

well, im sorry if you guys think what im posting is false. i promise i will take a PICTURE of this. to prove it to you. the location of said enterprise is in hamburg, ny. and its no joke. indoor clean air policy combined with private property rights, comes to a head. i will have a post including the location and the photo evidence up by monday.

No one said you were lying joose.

I live near where you are, there is no public vaping ban by law anywhere near here (for those who are unaware, NYC is hundreds of miles from Buffalo, on the other side of the state - their laws are not applicable here). There is talk of a potential ban in Erie County, but they have yet to even draw up a bill for that.

So, if local stores are putting up signs saying vaping on the property is "punishable by police", they are lying, and are well within their right to do so. If you were to vape on their property, the most they could legally do is ask you to leave, or actually call the police, who would probably be annoyed at being called over nothing (or if you live where I do, they would be delighted over having something to do...).

Walmart (or wherever), however, DOES have the right to ban you from their property for whatever reason they choose, in which case, if you return you are trespassing, and THAT is police enforceable.

And yes, pictures would be great this is not occurring at my local walmart (that I know of, I have not been paying attention), and I am curious... I may make an extra trip to Hamburg's walmart after work next week, just to check it out

 

[joose junkie]

Dragonpuff the sign is right there in home and living as you walk in, clear as day.

 

[dragonpuff]

Dragonpuff the sign is right there in home and living as you walk in, clear as day.

Ty for the tip I will take a look.

 

[joose junkie]

dont let this die! BUMP*

 

[JMarca]

I live in NYC luckily we banned Walmart from anywhere near the city, they are not allowed to build a Walmart in the city. I honestly dislike the company as a whole but that's besides the point. That said the ban I think you're referring to is enforced by Walmart itself and is not actually law. They have the right to ask you not to smoke inside or on their property, that said it's not NYS law even if they wish to word it as such.

The other law referenced to in this thread is actual law however and a bit more troubling, but even that as long as you aren't inside a subway or on a public park you can still vape outdoors, I should know I do it everyday and so does the cop that stands guard next to where I work at the 67th precinct.

 

[dragonpuff]

dont let this die! BUMP*

Fwiw I have not stopped into that walmart to look, I have been sick on and off and have not felt up to going out of my way just to deal with the extreme busyness of that walmart... I did go to my local walmart today and did not see a sign on the way in. I am glad to say I vaped on my nemesis all the way up to the door without so much as a stare.

If you want to, feel free to take a pic of that sign and post it here. As I said earlier though, walmart does have the right to kick people off their property for any reason, and if you are kicked off they can nab you for trespassing if you return. Personally I am not too worried about it, given how busy your walmart is it may have just been that they had issues with people blowing giant clouds in the store and creating a disturbance, and they don't wanna deal with it.

 

[WeirdWillie]

God Bless the great state of Texas

 

[bigdancehawk]

Leave it to New York. I think they may lead the pack in stupid overbearing social engineering laws. I would say you get what you vote for but unfortunately for many, they didn't and just have to live with it anyways.

"Politics is the art of looking for trouble, finding it everywhere, diagnosing it incorrectly and applying the wrong remedies." Groucho Marx.

 

[Lilvapie]

I guess a lot of states are awaiting scientific evidence that second hand smoke is an issue before banning it in bars....

But second hand vape? Now there's a first world issue....

 

[Racehorse]

No signs in my Walmart.

But they have a right to dictate what you can and can't do on their premises and inside store, and if you refuse, they can certainly call the police.

for a while people would sit outside and sell pit bull puppies. That is no longer allowed, for instance. As a matter of fact, a lot of people got kinda tired of seeing the front of Walmart turned into an "unwanted animal adoption" station, some days there would be 5 people out there w/boxes of pups and kittens.

So our local walmart did have to do something about this. It is a private premises....people need to respect that, it's not a free for all in the parking lot......you have to ask permission


Keep in mind, the role of Walmart in a very small town is quite diff than in metro areas. This is where the Salvation Army, the schools (car washes), the free innoculations for rabies for your pets, and many other charity and fund raising groups have their events. And in a small town it is Walmart who gives generously when there is a tornado, they still let RVs and people on long trips "nap" in the parking lots, etc.

I had a nice benefit there for the wildlife rescue.... they allowed us to bring in baby deer, straw bales, fenced enclosures, etc. and set up a petting zoo of sorts, as well as some very rare periguine falcons and birds of prey........all the things we rescue ......and need $$ to feed.

Walmart allowed us to do this for an entire weekend, at no charge, and let us set up right in front by the doors. Very nice.

So Walmart performs a vital function in many small towns across the US

When I was writing a grant for a community garden they were going to kick in a lot of free garden center stuff for the project......

 

[coreyoli]

Some wny folks very cool! I moved south to Castile in Wyoming county... Not much of a city boy anymore lol...