I think you misunderstand what I was saying. I'm not saying perception is not a valid claim - what I'm saying is that using the excuse that these will be perceived as they claim they will is what isn't valid.
They claim that people's perception will be that people using these are "smoking" and cause confusion and smokers to light up - it's the same excuse they used in King County. There just no basis in reality that seeing these used will cause people to light up real cigarettes.
In order to use perceptions as an excuse for banning something, there has to be some established pattern or history to prove that is actually going to be the perception and reaction - or at least REASONABLE risk. But there is no reason to believe that e-cigs will largely be perceived this way because one, e-cigs don't really look like tobacco cigarettes other than the color (of some models) and the vapor. Someone smoking has smoke coming off the lit end, smoke smells very distinctive, they need to use a lighter and an ashtray. Seeing someone using even the realistic-looking e-cig may look similar at first glance, but anyone who sees it will obviously look closer (probably out of initial shock) and it would be hard to miss someone taking a puff and sticking it in their pocket or laying it on the table - no ashtray or sidestream smoke in sight. Second, even if it IsS genuinely mistaken for smoking, no other smoker nearby is going to automatically light up because they see it, any more than they would if they saw someone actually smoking in a state or city where they KNOW that it's banned.
So, their whole claim on how the public is going to perceive these and react is invalid. It's not that perception isn't valid in general, just that their claim of what people's perception WILL be is way off base.
They claim that people's perception will be that people using these are "smoking" and cause confusion and smokers to light up - it's the same excuse they used in King County. There just no basis in reality that seeing these used will cause people to light up real cigarettes.
In order to use perceptions as an excuse for banning something, there has to be some established pattern or history to prove that is actually going to be the perception and reaction - or at least REASONABLE risk. But there is no reason to believe that e-cigs will largely be perceived this way because one, e-cigs don't really look like tobacco cigarettes other than the color (of some models) and the vapor. Someone smoking has smoke coming off the lit end, smoke smells very distinctive, they need to use a lighter and an ashtray. Seeing someone using even the realistic-looking e-cig may look similar at first glance, but anyone who sees it will obviously look closer (probably out of initial shock) and it would be hard to miss someone taking a puff and sticking it in their pocket or laying it on the table - no ashtray or sidestream smoke in sight. Second, even if it IsS genuinely mistaken for smoking, no other smoker nearby is going to automatically light up because they see it, any more than they would if they saw someone actually smoking in a state or city where they KNOW that it's banned.
So, their whole claim on how the public is going to perceive these and react is invalid. It's not that perception isn't valid in general, just that their claim of what people's perception WILL be is way off base.
Unfortunately perception is 9/10's of the law in business. When I worked as a government contractor I was required to have short hair and follow military grooming regulations. When I worked for PBG the standards were looser as a merchandiser, but the move up to CR would have meant "lose the beard and ponytail". You rarely see a Lawyer or Doctors receptionist in a tube tip and short skirt. Hell, even wally world won't let their employees wear holey jeans.
It sucks, but perception will be used against us whether or not it is valid.
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