City authority debates over electronic cigarette uses in public places

Local authority debates over the essential regulations on electronic cigarette in public places.

Naples, FL (prHWY.com) October 17, 2012 - 10/17,Miami,Florida: The San Rafael City Council's new smoking ban, approved on Oct.1,has many wondering if the city should regulate electronic cigarettes, or e-cigarettes.

The ban prohibits smoking on downtown sidewalks, in local parks as well as all apartments.The ordinance, which is one of the toughest anti-tobacco laws in Marin and was put in place with the hope to protect people against the dangers of secondhand smoke, did not include e-cigarettes.

An e-cigarette is an electronic oral device that provides a vapor of nicotine or any other substance, which simulates smoke. An e-cigarette does not contain tobacco and does not emit tobacco smoke, according to the staff report.

Marin jurisdictions are divided over the regulation of e-cigarettes. Marin County and Mill Valley include e-cigarettes in their smoking ordinances. The county has a special provision allowing e-cigarettes to be smoked within a multi-family residential unit, but not in outdoor areas where smoking is prohibited. Sausalito, Larkspur and Novato do not regulate e-cigarettes.

When city staff was drafting the smoking ban, they decided to exclude e-cigarettes "since they do not emit second-hand smoke, fire hazards appear to be low, and there is no, or very minimal, litter potential as there is with regular cigarettes," the staff report says.

A San Rafael resident Jonathan Frieman also supports regulating e-cigarettes, pointing out that a new electronic cigarette shop just opened its doors in San Rafael. "Local government can control where this newfangled piece of trickery can be sold," he said at the Oct. 1 council meeting.

For Mullins, an e-cigarette smoker who quit regular cigarettes three and a half years ago, his product is an alternative to the "quit or die" policy other organizations impose.

"[E-cigarettes] changed my life," he said. "I've seen tons of health improvements. I've saved money. I'm not hurting the people around me."

Pam Granger, an advocacy manager for the American Lung Association, supports including e-cigarettes in the ordinance because it is a product that wants people to keep smoking and could send mixed messages to kids.


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