By Chris Bosch
The popular “e-cigarette” devices are facing increased regulatory scrutiny in cities across the United States. The OC Register reported that the most common move by cities is adding e-cigarette language to smoking bans that are already on the books. The Los Angeles City Council did just this in March, when it prohibited e-cigarettes in public places where smoking was already banned. Boston, Philadelphia, New York, and Chicago are also part of this ever-growing movement, which now includes about 100 cities in California alone.
The actual health risks of e-cigarettes are a source of ongoing debate. According to the Del Mar Times, the American Lung Association has cited two studies that show the devices emit chemicals such as formaldehyde and benzene. Reuters also notes that calls to poison control centers involving exposure to the liquid used in e-cigarettes rose from one per month in September 2010 to 250 per month in February 2014, with over half the calls involving children five years old and under.
In contrast to the more proactive municipalities, some cities are taking a wait-and-see approach until the health effects of e-cigarettes become clearer. In Irvine, California, a majority of the city council elected to hold off on a ban that would threaten individual liberties until more information becomes available.
Opponents of these bans argue that e-cigarettes have helped people quit smoking, are a safer alternative to traditional smoking, and note there is no evidence that the devices’ second-hand vapor smoke is harmful. Some groups are even opposing new bans in court. A New York smokers’ advocacy group called NYC Citizens Lobbying Against Smoker Harassment filed suit asserting that the city’s new e-cigarette ban violates the city charter’s “One Subject Rule.” Their theory rests on the idea that anti-smoking laws were amended to address both cigarettes and e-cigarettes — two distinct subjects under city law.
With this mix of innuendo and fact surrounding the dangers of e-cigarettes, cities are divided between those that proactively ban the devices in public places and those who are taking a wait-and-see approach for fear of prematurely restricting their citizens’ personal liberties. The outcome of the New York City Charter suit may help all of these cities, as well as e-cigarette proponents, gauge the legal ramifications of e-cigarette bans.
Links from this blog:
Photo Credit: https://pixabay.com/en/smoke-background-artwork-swirl-69124/
http://www.ocregister.com/articles/cigarettes-607966-city-cities.html?page=1
http://www.delmartimes.net/2014/04/08/del-mar-bans-e-cigarettes/
http://www.reuters.com/article/2014/04/03/us-usa-cigarettes-electronic-idUSBREA321O820140403
http://www.reuters.com/article/2014/03/05/us-usa-ecigarettes-california-idUSBREA2324920140305
http://nycclash.com/E-CIG_Lawsuit_NYC-SummonsAndComplaint.pdf