I spoke to Gary Hagy, the Health Department's "point man" on the smoking ban and here is what I was told:
Their attorneys looked at the situation and decided, since the law says "any cigarette" and the e cig websites all refer to the
device as a "cigarette", it falls under the ban. He also quoted Webster's dictionary as defining "smoke" as emitting a "smoke or vapor" (which is scientifically incorrect). No matter how much I tried, I could not convince him the e cig was NOT technically a cigarette, and the vapor was not smoke.
However, he is willing to reconsider and asked me to send him all the links I have to various websites (
tobacco Harm Reduction, Health New Zealand, Dr. Siegel's blog, etc.). It will be after the first of the year before he will be able to devote extensive time to it, but has promised he will look at it and discuss it with the others involved in making the decision.
A word of warning: he has gotten some nasty emails attacking him personally (I think on the whole ban, not just e cigs) and it is, in his words, "destroying their credibility". If you send him an email, please try to present your arguments calmly without anger. He is more likely to be receptive.
Also, he said one employee there uses an e cig and brought it in Friday for him to see (he's never actually seen one), but he was off that day. She is supposed to bring it in again for him to see how they work.
I will be putting together an email with all the links and sending it to him. The problem is clearly twofold: some dictionaries include vapor with "smoke" (erroneously), making it hard to convince their attorneys vapor is NOT smoke; and (2) the ban wording says ANY cigarette, so they have interpreted that as including anything the "looks like a cigarette, feels like a cigarette and is called a cigarette", regardless of whether it actually IS a cigarette (as defined by the government:
tobacco rolled in paper or other nontobacco substance).
I pointed out the ban was not of cigarettes, but of secondhand smoke. E cigs do not produce secondhand smoke. That did give him a moment's pause.
It sounds like it will be a battle, but we ended the conversation on a friendly note, so there is some hope.