If You Smoke an e-Cig Where There Is a Smoking Ban, Are You In Violation?

by Christina Jones on January 19, 2012

That’s a hotly debatable topic, but – in Kirksville, MO, the answer is no! (yeah!)

“There are a number of things that need to be there in order for it to be considered smoking, it doesn’t need to be all, but there has to be some of the elements,” said Kirksville Police Chief Jim Hughes. “First, you have to have something that is lighted and the natural inference is it’s lit with fire, not electronically lit, but it has some kind of fire or heat component to it. Second, it needs to have some sort of tobacco product in it, which this [electronic cigarette] does not have. Another item it talks about is combustible material, if it’s not tobacco it needs to be combustible material and we’re not talking about that. The last thing, kind of the catch all, talks about burning substance, and so I don’t believe those electronic cigarettes would fall under the statute.”

In my experience locally, and granted I have never asked or attempted to vape in a restaurant, the answer here is no as well.  If you have a question about being able to vape somewhere – just ask.  The worst they can say is no.

{ 2 comments… read them below or add one }

scott January 19, 2012 at 9:48 pm

Considering the title of the video says “is lighting up electronically OK?” I would have to take it the police office in the back is not another bad example of how they really are confused or not talking about the ban correctly. The electronic cigarette creates no FLAME, there is 0 COMBUSTION so their reference to lighting up is simply a frame of opinion. I love the electronic cig and my family does as well, it helped us might help others…

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Christina Jones January 19, 2012 at 10:23 pm

I think they are ALL a little confused on how to handle e-cigs these days. I’m not though – I am with you on loving the e-cig, and my family is on board as well. Glad it’s working for you too, Scott!

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