Question about being thrown out of a coffee shop

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I was in a coffee shop yesterday in a mall on the Gulf Coast of Misssissippi. I walked up to the counter with my e-cig in my mouth and the man behind counter said, "There's no smoking in here or in the mall, (I had already cleared it with mall security and they said it was fine). I told him that I was not smoking and that it was an electronic cigarette and that what he was seeing was water vapor. He said, "I just saw the smoke, you are smoking and get out of my store." I showed him the device and unscrewed it and he became more belligerent. He said, "I am not going to tell you again, to get out of here of I will have security throw you off the property."

I told him to call security, in that they were aware that I was puffing on a e-cig and then I told him that he was being rude and wanted his name. He said that he was the "general manager" and then said, "get off of my property you '....ing punk.'" I continued to ask his name and that is when his shoulders rolled back and I could tell that he was getting ready to physically assault me. I said, "are you threatening me"? He gritted his teeth and said, "don't you ever step foot in this store again, you punk." I continued to ask his name to file a complaint and he would only tell me that he was the "general manager." I contacted mall security to tell them what happened and they gave me the name of the owner and then I called the owner who apologized profusely, saying he knew exactly what an e-cig is.

I am a 53 year old clean cut male, who was wearing a business suit. I work in the area and I was on my lunch break, I was utterly shocked by this man's behavior. I later found out that the manager contacted mall security to tell them that I was 86'd from the coffee shop for smoking and security told him that I was puffing on an electronic device that produces water vaper. This manager still didn't get it and kept saying, "there is no smoking in my store, and that ....... was smoking inf front of children.

This happened at a mall in Mississippi. I am from Southern California, with the most hardcore cigarette nazi's in the country, I never expected this from someone in a southern state like Mississippi where smoking is still not completely banned everywhere. The Casinos allow people to smoke real cigarettes and some stores do too.

My question is there anything I can do about this, like file a suit or something? I am still pretty mad by this guys behavior.

Thank you,

Doggy
 

WomanOfHeart

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You could file suit, but I doubt it would go anywhere. Ignorance still abounds where e-cigs are concerned and unfortunately, we have to abide by the rules set up by each individual establishment. The manager was rude and ignorant, but those aren't crimes. My advice would be to just let it go because you can't fix stupid.
 

sophie_lapin

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I think the manager had a right to demand you leave the store.
I think the better thing for you to have done was to leave and make a purchase elsewhere, and then make a complaint to the owner explaining your point of view.

And right or wrong or whatever, you seriously couldn't wait 20 minutes or however long the line was to take a puff?
Also, southern manners say not to talk back and to respect authority.
 

JudgeVape

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I was in a coffee shop yesterday in a mall on the Gulf Coast of Misssissippi. I walked up to the counter with my e-cig in my mouth and the man behind counter said, "There's no smoking in here or in the mall, (I had already cleared it with mall security and they said it was fine). I told him that I was not smoking and that it was an electronic cigarette and that what he was seeing was water vapor. He said, "I just saw the smoke, you are smoking and get out of my store." I showed him the device and unscrewed it and he became more belligerent. He said, "I am not going to tell you again, to get out of here of I will have security throw you off the property."

You aren't going to like my answer but...

Hate to break this to you but you were 100% in the wrong and if anyone could be sued it's you (although that won't happen, obviously). You were fine initially trying to re-explain what you were doing, but once he said "I'm not going to tell you again", you should have immediately left.

Mall security doesn't have authority that overrides the individual stores. As a lessee of that spot in the mall, the store has the right to refuse service and compel someone to leave their establishment. Failure to do so in a timely manner could get someone arrested for criminal trespass.

Vapers are not some protected class who have the right to stand their ground against people trying to exercise their legal private property rights just because they are being misunderstood.

Arguing with these people will only make things more difficult for e-cigs to be accepted socially.

100%.
 

KeithB

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I think talking to the owner is the best thing you could have done but the simple truth is that every store has the right to set their own policies on vaping. Personally, I'd have been more ticked off but the managers rude attitude. Of course, if he had physically assaulted you, that'd be a different story.
 

UntamedRose

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I dont think there is anything you can really do, besides never shop at that coffee shop again.
Maybe mail the guy a huge thing of info.

Also I've found that not vaping "cig" looka likes helps. Get yourself a big old mod..better vape and no one will look at it and confuse it with a cig.

btw welcome to ECF
 

amandamaher

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Sure, you can file a suit over anything, which may be just the amount of annoyance that you're intending to cause this man. Can you WIN? Not sure about that one, damages are based on actual monetary loss or physical harm. Since you didn't lose anything (except dignity -- I'm sorry, but I have to laugh about being called a "punk" at this age and stage) and he didn't actually hit you or do anything to cause you harm... the recovery for said behavior is likely to be a heartfelt apology. And depending on the Judge, you may be the one apologizing.
 

flbutterfly1

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I would have apologized with the exception that the mall security said it was ok to vape in the mall and told the guy that you didnt realize that it was NOT ok in his store and just go on about my business with my pv in pocket while in each individual store. He was an ... but if you would have said " I am sorry" he may have had a different attitude. Even if he was still nasty he would not have been able to keep calling you a punk and insist you leave if you hadn't of continued to explain. If someone is unwilling to listen then the best bet is to walk away and not argue it only pizzez both people off.
 

amandamaher

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Even though it may be technically "allowed"...

I don't vape anywhere people can't smoke...except the bathroom.

I am with you on that, although, I hope to change that about myself. We are vaping for freedom, so as not to be ashamed anymore. I realize that certain circumstances call for discretion such as the OP's coffee shop experience, because frankly, it was beligerant not to just comply with the manager's wishes and hold off on vaping for a minute... however, I want to be proud of myself for quitting -- I AM proud, but I want to be free to vape as I wish, where I wish and I will get there, dangit.
 

WomanOfHeart

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I have found, and experienced, much better results by asking either someone who works in the establishment or the manager. My fiance and I went to a well known restaurant the other day that used to have a smoking patio. The smoking patio is no more, so I asked if we could vape and showed them my Chameleon. I explained that it's vapor and not smoke. They approved it for use on the patio and we enjoyed our meal and vaping in the warm weather. Had we been told no, we would have respected that.
 

AlmightyGod

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I am with you on that, although, I hope to change that about myself. We are vaping for freedom, so as not to be ashamed anymore. I realize that certain circumstances call for discretion such as the OP's coffee shop experience, because frankly, it was beligerant not to just comply with the manager's wishes and hold off on vaping for a minute... however, I want to be proud of myself for quitting -- I AM proud, but I want to be free to vape as I wish, where I wish and I will get there, dangit.

I, too, am proud of quitting, but I don't want to be a rude person or vape where others might be bothered by it.
 

AmyB66

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Sorry, but I have to agree with the judge. You should have politely put it away and respected his wishes. Yes, he may have been rude but being rude back isn't necessarily justified. Whether it be vaping or any other life choice, taking what you see as your right and shoving it into peoples faces is not the way to win acceptance. Vaping is a smoking alternative but I do not see it as a right to then go do it everywhere.

I too refrain from vaping inside public places for the most part. Might have stealth vaped a wee bit at a bar and yeah, in the back room at work after receiving permission but not freely and openly anywhere. If I am in a small establishment and for some reason felt the need that I couldn't go without a vape, then I would ask permission first and if permission was denied then I would receive the denial with politeness.
 
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