Was issued a citation for vaping by the NYC MTA (Subway)

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mightymen

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  • Nov 22, 2012
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    No you can't
    An MTA officer issued me a citation earlier today for 'smoking' on an MTA platform and another for disregarding the 'No Smoking' signs. Anyone here every been issued a legal citation for vaping?

    His claim was the 'smoke' had an unpleasant smell and bothered him.

    jeenam thanks for posting about your ticket.

    Because you shared with us your experience. I found out we do smoke e cig and no smoking signs, no smoking laws in NYS/NYC is a no win for me.
     

    Magikhat

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    Sorry to be a .... wipe but use common sense. If there is no smoking in the subway, then why do you think you are special and can blow what looks like smoke out of your mouth. I was in NYC a week ago and took the subway. Is it that bad that you cannot wait?
    I wish I could vape everywhere as well but I can control myself when I know it is not allowed. It sounds what the officer did was stupid about the smell but the FACT is that you should not be doing it in the subway.
    Everyone that see's smoke coming out of your mouth probably thinks it is a analog.
    You said you vape in the subway all the time. Has anyone asked you what your doing.
     
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    Plumes.91

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    Its a touchy subject obviously. some of us vape in the open and some of us do not. In my home town I vape in line at the supermarket, I vape in my car, I vape walking around home depot, I walk around walmart vaping... But more recently I haven't been doing this because I am starting to understand that while its cool to be able to vape wherever I want and not bother others with smoke, and NOT be breaking any smoking bans TECHNICALLY.... I MAY be causing a lot of trouble behind the scenes. People could be running around talking to managers for all I know. People could be ratting on me only to find out I am vaping. People could think its an illicit substance. It might be OK to vape because I'm technically not smoking but I am causing a lot of people to wonder what I am doing.. I am making smokers jealous, and I am perhaps even making non-smokers that dislike smokers for their air pollution angry. I am worrying mothers with their children if I accidentally blow out a plume around a corner to find a child or a mother with her baby carriage.. So I am beginning to stop vaping.

    I am still going to take a stealth vape here, or a stealth vape here, but I want to be more conscious of who can see me and more conscious of my surroundings than others are. I want to ensure that I will not cause any trouble. Thats what a true gentleman should always be doing and trying to execute anyway. Try to be as gracious as you would like others to be around you. Will I still vape in a supermarket? Probably. But I will do it quickly, 2-3 quick drags in a completely empty isle.

    With all of that said... I DO want vaping to be SEEN. I DO want vaping to gain in popularity and I want people to see it and wonder what I am doing. I want vaping to be accepted. I want to be able to do it in an empty isle in the supermarket without having the security officer watching the camera come down and bag me. So I DO want vaping to become OK... and Widely KNOWN as OK! But I will be seen by those that I WANT to see me. SMOKERS. I will vape OUTSIDE of the supermarket openly. Around ash treys outside the mall! Anywhere that smokers are allowed to smoke, I will vape in hopes of a smoker asking me what it is I am doing.

    But I am definitely not going to be vaping INDOORS around people that can see me as much as I used to. Its been a slow realization to get to that point, but I am getting there. I am understanding that its not a great idea to vape in line at the supermarket :p
     

    mightymen

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  • Nov 22, 2012
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    No you can't
    Its a touchy subject obviously. some of us vape in the open and some of us do not. In my home town I vape in line at the supermarket, I vape in my car, I vape walking around home depot, I walk around walmart vaping... But more recently I haven't been doing this because I am starting to understand that while its cool to be able to vape wherever I want and not bother others with smoke, and NOT be breaking any smoking bans TECHNICALLY.... I MAY be causing a lot of trouble behind the scenes. People could be running around talking to managers for all I know. People could be ratting on me only to find out I am vaping. People could think its an illicit substance. It might be OK to vape because I'm technically not smoking but I am causing a lot of people to wonder what I am doing.. I am making smokers jealous, and I am perhaps even making non-smokers that dislike smokers for their air pollution angry. I am worrying mothers with their children if I accidentally blow out a plume around a corner to find a child or a mother with her baby carriage.. So I am beginning to stop vaping.

    I am still going to take a stealth vape here, or a stealth vape here, but I want to be more conscious of who can see me and more conscious of my surroundings than others are. I want to ensure that I will not cause any trouble. Thats what a true gentleman should always be doing and trying to execute anyway. Try to be as gracious as you would like others to be around you. Will I still vape in a supermarket? Probably. But I will do it quickly, 2-3 quick drags in a completely empty isle.

    With all of that said... I DO want vaping to be SEEN. I DO want vaping to gain in popularity and I want people to see it and wonder what I am doing. I want vaping to be accepted. I want to be able to do it in an empty isle in the supermarket without having the security officer watching the camera come down and bag me. So I DO want vaping to become OK... and Widely KNOWN as OK! But I will be seen by those that I WANT to see me. SMOKERS. I will vape OUTSIDE of the supermarket openly. Around ash treys outside the mall! Anywhere that smokers are allowed to smoke, I will vape in hopes of a smoker asking me what it is I am doing.

    But I am definitely not going to be vaping INDOORS around people that can see me as much as I used to. Its been a slow realization to get to that point, but I am getting there. I am understanding that its not a great idea to vape in line at the supermarket :p

    Good to see some positive feed back on this post!
     

    offashead

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    It could only happen in the good young USA. Glad I live in the UK. Here things are far more relaxed. What is it with these states/city's. Although we have signs saying no smoking in hospital grounds, how the heck are they going to enforce it. I mean it's outside.

    I vape in my taxi, others vape in my taxi, I vape down the pub, in the mall ( as you call them) in church, anywhere I want.. In fact vendors openly sell and use e cigs in the Mall. We vape in hospitals, on the buses, on the train, on the boat, train station platforms.

    It ceases to amaze me how these ridiculous laws get passed in the USA.. Go to court and see what happens mate, see a free legal rights lawyer. By the way I am not an anarchic vapor head.
     

    Caridwen

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    It could only happen in the good young USA. Glad I live in the UK. Here things are far more relaxed. What is it with these states/city's. Although we have signs saying no smoking in hospital grounds, how the heck are they going to enforce it. I mean it's outside.

    I vape in my taxi, others vape in my taxi, I vape down the pub, in the mall ( as you call them) in church, anywhere I want.. In fact vendors openly sell and use e cigs in the Mall. We vape in hospitals, on the buses, on the train, on the boat, train station platforms.

    It ceases to amaze me how these ridiculous laws get passed in the USA.. Go to court and see what happens mate, see a free legal rights lawyer. By the way I am not an anarchic vapor head.

    Laws vary state to state.
     

    Izan

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    It could only happen in the good young USA. Glad I live in the UK. Here things are far more relaxed. What is it with these states/city's. Although we have signs saying no smoking in hospital grounds, how the heck are they going to enforce it. I mean it's outside.

    I vape in my taxi, others vape in my taxi, I vape down the pub, in the mall ( as you call them) in church, anywhere I want.. In fact vendors openly sell and use e cigs in the Mall. We vape in hospitals, on the buses, on the train, on the boat, train station platforms.

    It ceases to amaze me how these ridiculous laws get passed in the USA.. Go to court and see what happens mate, see a free legal rights lawyer. By the way I am not an anarchic vapor head.


    really?

    BBC News - Fake cigarette caused M6 police Megabus coach swoop

    Pot...meet kettle.
     

    kiwivap

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    Not the same. In that instance they thought there was a security risk. Afterwards the UK police said this:

    The spokeswoman said: "We can now confirm that, whilst this was a genuine security alert, the significant concerns reported to us were unfounded.

    "It's important to state that no criminal offence has been committed and no passenger or any other member of the public is being treated as a suspect.

    So no law was broken, and no-one was cited. Whether it was a good idea to vape on a megabus is a different question.

    For the OP - I do understand having a vape while waiting for public transport. I think the cop could have asked you to stop and left it at that. Giving you a citation seems over the top to me.
     

    bols2DaWall

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    Its a touchy subject obviously. some of us vape in the open and some of us do not. In my home town I vape in line at the supermarket, I vape in my car, I vape walking around home depot, I walk around walmart vaping... But more recently I haven't been doing this because I am starting to understand that while its cool to be able to vape wherever I want and not bother others with smoke, and NOT be breaking any smoking bans TECHNICALLY.... I MAY be causing a lot of trouble behind the scenes. People could be running around talking to managers for all I know. People could be ratting on me only to find out I am vaping. People could think its an illicit substance. It might be OK to vape because I'm technically not smoking but I am causing a lot of people to wonder what I am doing.. I am making smokers jealous, and I am perhaps even making non-smokers that dislike smokers for their air pollution angry. I am worrying mothers with their children if I accidentally blow out a plume around a corner to find a child or a mother with her baby carriage.. So I am beginning to stop vaping.

    I am still going to take a stealth vape here, or a stealth vape here, but I want to be more conscious of who can see me and more conscious of my surroundings than others are. I want to ensure that I will not cause any trouble. Thats what a true gentleman should always be doing and trying to execute anyway. Try to be as gracious as you would like others to be around you. Will I still vape in a supermarket? Probably. But I will do it quickly, 2-3 quick drags in a completely empty isle.

    With all of that said... I DO want vaping to be SEEN. I DO want vaping to gain in popularity and I want people to see it and wonder what I am doing. I want vaping to be accepted. I want to be able to do it in an empty isle in the supermarket without having the security officer watching the camera come down and bag me. So I DO want vaping to become OK... and Widely KNOWN as OK! But I will be seen by those that I WANT to see me. SMOKERS. I will vape OUTSIDE of the supermarket openly. Around ash treys outside the mall! Anywhere that smokers are allowed to smoke, I will vape in hopes of a smoker asking me what it is I am doing.

    But I am definitely not going to be vaping INDOORS around people that can see me as much as I used to. Its been a slow realization to get to that point, but I am getting there. I am understanding that its not a great idea to vape in line at the supermarket :p

    Well said Plumes & great attitude .
     

    alank

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    I had some serious doubts about that posting too. I know some Brits who smoke but never went there so I have little firsthand knowledge about the level of tolerance there. I have observed Smoke Nazi's following me around when I was smoking out of doors in discrete locations. I suppose they may have waiting to see if I was going to take where it wasn't allowed and then report me to the authorities.
    I bet a number of you may have been subjected to such treatment at one time or the other. Doesn't the fake cough when you absolutely positively downwind and out of range crack you up. Well that being said remember they may have the law on their side and smoking is really unhealthy and such people aren't likely to differentiate between smoking and vaping.
     

    Plumes.91

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    Of course you can vape in stores lol. Its not smoking... I mean have you never tried to vape indoors? There are mall kiosks where the employees vape 0 nicotine juice all day. Every time someone walks by they blow out a big plume. I'd feel bad for a vaper that hasn't yet vaped inside of a store or facility... Thats one of the main reasons I first came to vaping. Thats one of the main marketing ploys of Blu and NJoy and "SMOKINGEVERYWHERE" lol.... Try it. Just, like I said above, be kind to others as much as possible.

    This is the 1st time I am hearing that there is places in this country where there are areas where you cannot smoke. Even at our CT 6 flags amusement park... There are smoking areas... But there is no NO smoking area.. People are still allowed to walk around smoking, but if they would like to be conscious of others, they use the smoking area. Outdoors is totally and completely open to smoking here. All indoor facilities are off limits, no smoking allowed. But you can smoke wherever you'd like outdoors. There are ashtrays at every entrance and exit of the parking garages, outside of the malls and stores.

    I've literally never heard of an outdoor smoking ban.
     

    Izan

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    Not the same. In that instance they thought there was a security risk. Afterwards the UK police said this:



    So no law was broken, and no-one was cited. Whether it was a good idea to vape on a megabus is a different question.

    For the OP - I do understand having a vape while waiting for public transport. I think the cop could have asked you to stop and left it at that. Giving you a citation seems over the top to me.

    It is the OVER reaction that I hoped to point out. Security theater aside.
    We need to understand that it is our OBLIGATION to break unjust/unfair laws. When the people change, so will the law. Isn't that why the guillotine was invented?

    I

    OP.
    just consider the fine a tax. Less then a $ a day... reasonable.

    I
     

    meli.

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    Here is part of MTA Rules of Conduct
    "Note the the word smoke and or"
    " If One smokes a e cig then he/she has broken the MTA Rules of Conduct"
    The issue here, is smoke or vapor expelled from a e cig.

    Section 1050.7

    Disorderly conduct.

    No person on or in any facility or conveyance shall:

    smoke or carry an open flame or lighted match, cigar, cigarette, pipe or torch;

    Sorry but, According to above you were smoking.
    How do you read it as smoking?
    I read the above as combustible products. 'Lighted' doesn't mean electronic in this instance.
    Even if one got technical and said because it contains nicotine therefore it classifies as a tobacco product thus equivalent to smoking, so he was indeed smoking, where does that leave nic free e-cigs, technically they don't qualify as tobacco containing products absolutely no reason to get fined, cited or anything else for that matter. He was not exhaling smoke.
    Vapour is Not smoke.
    Also, for arguments sake, if the guy next to him took a few puffs off an asthma pump and exhaled Vapour, would that constitute smoking? Would he have been cited too? How is it different?
    Not the same thing I know, but unless they can show their definition of Smoking, he hasn't done anything wrong, it is not a lighted or open flame device.

    I don't understand how he could be fined for smoking.

    off topic, how many people would even consider carrying 'open flame torches' around NY subways in so far as it has to be mentioned in the rules?
     

    kiwivap

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    It is the OVER reaction that I hoped to point out. Security theater aside.
    We need to understand that it is our OBLIGATION to break unjust/unfair laws. When the people change, so will the law. Isn't that why the guillotine was invented?

    I

    OP.
    just consider the fine a tax. Less then a $ a day... reasonable.

    I

    I don't think it was an over-reaction. Not on the M6 heading into London. People take security very seriously in London because of the bus attacks and tube attacks that happened, and going back even further, the IRA bombing campaigns. So seeing what appeared to be a smoke or unidentified vapor coming from what looked like underneath a seat - I totally understand the reaction they had. The reaction goes with the territory.
     

    sherid

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    I'm sorry that you do not follow the trends of anti-smoker hysteria and the laws that follow. If all of us do not begin to fight back, it will no longer be legal to "vape to your heart's content" at home. Especially in NY, it is becoming more and more clear that anti-smokers are set on prohibition that will definitely also include vaping. Examine the laws against Big Gulps, the push to force new mothers to nurse rather than feed babies formula, the trans-fat ban, on and on ad nauseum. It is way past time to challenge them if we want any freedom in what we eat, how much we weigh, how we feed our babies, how much we exercise, and yes, what we smoke.
     
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