What would you do?

[KitKit]

As many of you know the smoking ban in VA took effect Dec. 1. Today I went into my local watering hole and was told the health dept. had been in and said people can't vape it falls under the ban until they determine what is in the vaper. The bar will be fined if anyone is caught using a PV in the place. Now I didn't speak with the lady from the health dept but one of the bartenders did. What would you do? My first reaction is to get a lawyer and go for it!

 

[chrisl317]

If you can afford it, have a lawyer read the particulars of the ban and fight it. It's been my experience that authority figures always add their little interpretations to things they didn't write or read thoroughly.

 

[MHR7331]

As many of you know the smoking ban in VA took effect Dec. 1. Today I went into my local watering hole and was told the health dept. had been in and said people can't vape it falls under the ban until they determine what is in the vaper. The bar will be fined if anyone is caught using a PV in the place. Now I didn't speak with the lady from the health dept but one of the bartenders did. What would you do? My first reaction is to get a lawyer and go for it!

Hold in the vapor so no one can tell

 

[The_janty_Misfit]

As many of you know the smoking ban in VA took effect Dec. 1. Today I went into my local watering hole and was told the health dept. had been in and said people can't vape it falls under the ban until they determine what is in the vaper. The bar will be fined if anyone is caught using a PV in the place. Now I didn't speak with the lady from the health dept but one of the bartenders did. What would you do? My first reaction is to get a lawyer and go for it!

Hey, if you've got the silver to hire a lawyer and try to set him on City Hall, feel free. If you achieved a quick, easy and favorable 'clarification' of the status of e-cigarettes and vaping, the result would be great because you'd have a lot of cigarette smokers standing outside in the rain, watching you use that marvelous new invention that would let them put away their umbrellas.

The contrary to this would be *very* unfortunate: spending a fortune to find out that cogent reasoning and ethical probity tended to melt when the sheep react to tobacco smoke.

Either way, good luck!

 

[skydragon]

As stated, if you can afford the attorney I would say go for it. I honestly think we are all going to have start fighting this in any way we can. Maybe we should start marching in the streets. It worked for the illegals.

 

[Shortstuff116]

I hate to say this but I think that your objections to the ban against e-cigs are going to fall on deaf ears. I don't think it would hurt to voice your concerns though as we all have to start somewhere, sort of like "the wheel that squeeks gets the oil".

But, in respect to your watering hole, it is not their decision but the board of health so vaping in their establishment would only get them fined which I'm sure is not your intention.

 

[Keef]

I agree with Shortstuff

Your local bar/pub says no then you dont.

What ever your reasons, they will be fined, do you want to pay their costs as well.

 

[oldlady]

Dear KitKat,

I would contact my representative on the state legislature immediately! The person who represents you in the Virginia house or senate very likely lives in your community and should be very easy to contact in person.

You should arrange to speak with this person and share your concerns about the local health department with him or her and ask that the legislature clarify that the ban does not apply to e-cigarettes. You can always point to the research conducted by Dr. Seigel at the University of Boston and the American Association of Physicians as well as the other medical/scientific studies shown on this forum. Mr. Godshall's posts on this forum are also extremely helpful.

You could also contact the Governor's office directly. There is nothing in the text of the state legislation to indicate that the ban should apply to e-cigarettes. Period. Also, there is no reason e-cigarettes should be banned. Again, you can point to the studies on this forum.

Let us know what happens.

 

[skydragon]

I agree with Shortstuff

Your local bar/pub says no then you dont.

What ever your reasons, they will be fined, do you want to pay their costs as well.

I don't think the bar should be held accountable because they have to do what they are told by the Health Dept. but if the OP can afford to, the Health Dept. is the one to go after.

 

[KitKit]

I agree with most of the post. I am going to try to find a "smoking" lawyer and see what happens. I quess this weekend I will be doing a lot of letter writing. The sad part is the local bar owner was willing to let us PV user vape she didn't have a problem with it and has order herself one.

 

[oldlady]

Dear KitKat,

Good for you. Whoever you spoke with from the Health Department has no business making law or public policy. He or she should not be telling business owners what he or she thinks they can or cannot do based on their personal interpretation of a law, especially one that does not even mention e-cigarettes!

In fact, hasn't the state health department said it isn't even going to think about enforcing this new law for three months? Business owners have been given 90 days to voluntarily impose new policies and sort it out?

 

[SheerLuckHolmes]

If the law in no way specifically mentions e-cig's I'd get something in writing from the governor or the law makers dept themselves stating as much and then personally or with the lawyer march into the dept of health and get them to acknowledge your written paperwork with something written on their letterhead that you can take into your favorite 'watering holes' and let them hang it on their walls to be shown to the next anti that wants to screw with you.

How's that for a run-on rant?

 

[Silence]

Stealth Vape FTW!!

 

[Snarkyone]

Welcome to Nazi America courtesy of the mindless sheep to timid to stand up for their rights and let the government just do as they please. Now maybe a lot of people will wake up and see this country for what it is, an illusion based on BS!

 

[Kimber]

This is just an excerpt. I didn't read the entire thing

"Smoke" or "smoking" means the carrying or holding of any lighted pipe, cigar, or cigarette of any kind, or any other lighted smoking equipment, or the lighting, inhaling, or exhaling of smoke from a pipe, cigar, or cigarette of any kind.


"Smoke" or "smoking" means the carrying or holding of any lighted pipe, cigar, or cigarette of any kind, or any other lighted smoking equipment,

Here's a loophole around that, get a pv that doesn't light up. (i.e. Cisco's laser mod)



or the lighting, inhaling, or exhaling of smoke from a pipe, cigar, or cigarette of any kind.

Another loophole, this is not "smoke", it's vapor.

If a lawyer will take your case and you have the funds, you might be able to exclude vaping from the prohibited list.

 

[KitKit]

I know what the ban states and that is my problem with the health dept who is handing out the fines "they thinK" it includes PV's and are telling bar owners it does. I have called a lawyer we will see if I can get one to take it on for little or no money.

Sheerluck that is what I want! But the contact for the law is the ..........Health Dept.

 

[Brewster 59]

I know what the ban states and that is my problem with the health dept who is handing out the fines "they thinK" it includes PV's and are telling bar owners it does. I have called a lawyer we will see if I can get one to take it on for little or no money.

Sheerluck that is what I want! But the contact for the law is the ..........Health Dept.

Lawyer for little or no money good luck!

 

[KitKit]

Well maybe just maybe Brewster! I have a few friends that are lawyers its just getting them to help. One of them is an x-smoker and she is the one I'm hoping will help.

 

[just-cass]

Am I missing something or was the whole point of the smoking ban not to put others in jeopardy(second hand smoke) because of your habit....so if the vapour you breathe out is not harmful to others how could it be banned....anyone can walk around with a pen pretending to smoke it and no one would care they would just think they were odd...who cares what you have in your possession/hand as long as its not hurting anyone else...

and if ecigs are banned because of the vapour so too should smoke machines in clubs and lollipop eating(hand to mouth action same as an ecig!)....ridiculous

 

[martha1014]

Read the actual ban that came from the Health Department. If it includes ecig or PV (as you call them) then there is no hope. But if it does not state this them you can vape. I would show this to the bartender and vape even though he says no. All he can do is get in touch with the Health Department or kick you out with force. If you can I would get my lawyer to give me a certified copy of a letter that states the Department of Health did not state you could not vape and smoking analogs is not the same thing as vapnig.