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E-Cigs Now Banned In NYC Wherever Smoking Is Prohibited
By
Christopher Robbins
Published Apr 29, 2014
Modified Apr 29, 2014
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Anthony Collins Photography
By
Christopher Robbins
Published Apr 29, 2014
Modified Apr 29, 2014
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At 12:01 this morning it became illegal to use e-cigarettes in New York City anywhere traditional cigarettes are banned. Now lawmakers in Albany want to extend that ban across the state. “Smokers’ rights end when they start affecting nonsmokers,” Assemblywoman Linda Rosenthal told the Post, adding that she "felt nauseous" when an e-cig user expelled vapor in her vicinity.
Citing a lack of regulation by the FDA (whose newly proposed e-cigarette regulations are minor and won't go into effect for a year or more), the bill's memo states:
This lack of oversight, is placing individuals at risk because there is little known about the chemical make-up of the liquid nicotine or the harm to individuals from inhaling the water vapor directly or through secondhand exposure.
While e-cigarette and smokers' rights groups are suing New York City over the e-cig ban passed in December, the theory behind their lawsuit is that the City Council's bill violated the state's "One Subject Rule." A state law amending the Smoke Free Air Act to include e-cigarettes would presumably be much harder to challenge.
Last night a group of libertarians and Vapers (with a capital "V") gathered at the Museum of Sex to flout the law. The Health Department enforcers didn't show up.
In two months, establishments are required to post signage about the ban, but Mayor Bloomberg's Health Commissioner admitted during a City Council hearing that enforcement would most likely fall to the owner.
Tagged
e-cig ban
e-cigs
electronic cigarettes
nicotine fog juice
vapers
We Are The Vapers
original
Christopher Robbins
Christopher Robbins is a New York City reporter covering transportation, affordable housing, local politics, and criminal justice. His work has also appeared in New York Magazine, The Village Voice and The New York Times. Chris is a graduate of Patrick Henry High School in Roanoke, Virginia, and enjoys biking to Fort Tilden in the summertime.
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Gothamist is funded by sponsors and member donations
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