According to CASAA's legal minds, the interpretation of laws is usually "common use" of a term, if it is not otherwise defined in the law. The common use of "smoke" in relation to smoking bans is the first definition in Merriam-Webster's: the gaseous products of burning materials especially of organic origin made visible by the presence of small particles of carbon
So, for the vast majority of indoor smoking ban legislation, if it's not something burning, it's not legally "smoke."
My point is that the uninformed cop who is the one coming over to deal with the complaint may still put the cuffs on you and haul you away. Obviously, the case wont hold up in court. vaping where you can't smoke doesn't mean you aren't going to get hauled away. It is the cop who is making the decision as to take you to the station. It is not the smartest thing to do.
We should educate other smokers by vaping where they smoke. Not offend the non-smokers.