Blogs

Vaping Ban in NYC upheld as Constitutional

By Jeshica Patel posted 01-07-2017 06:12 PM

  

Electronic cigarettes have become more popular in recent years. People are frequently seen taking a “quick puff” when they can, as opposed to longer “smoke breaks”. The use of an e-cig, is known as vaping, and was banned in all locations where smoking is prohibited in New York City in 2014.[1] Local Law 152 amended the City’s Smoke Free Air Act and specifically “prohibits the use of electronic cigarettes in all locations where smoking is currently prohibited, and effective October 26, 2014, requires establishments to post signage informing customers of these new restrictions.”[2] Some of the included locations include restaurants, bars, and even outdoor dining areas.[3]

In May 2015, a smoker’s rights group, Citizens Lobbying Against Smoker Harassment (NYC CLASH) challenged the ban and stated that it was unconstitutional because it combined unrelated subjects because vaping and smoking tobacco are different.[4] The lower court ruled against NYC CLASH, holding that the ban is constitutional, and this week, the Manhattan Appellate Division affirmed.[5] In a related case, earlier this year, a New York state court essentially ruled that “under state law vapers can’t be charged for violating anti-smoking rules because—as millions of vapers have been repeating for years—vaping isn’t smoking.”[6]

While state and local laws are conflicting, the laws regarding e-cigs and vaping will likely be changing as further research reveals new information about it. While the immediate differences in between cigarettes and e-cigs are available, other differences, such as the long-term health effects of vaping are yet to be determined.  

[1] DOH, Notice of Adoption of Amendment of Chapter 10 of Title 24 of the Rules of the City of New York, available at https://www1.nyc.gov/assets/doh/downloads/pdf/notice/2015/noa-10.pdf.

[2] Id.

[3] Id.

[4] Barbara Ross, Manhattan court upholds city ban on e-cig use in public places, Daily News New York (Jan. 4, 2017) http://www.nydailynews.com/new-york/manhattan-court-upholds-city-ban-e-cig-public-places-article-1.2934414.

[5] Id.

[6] Kaleigh Rogers, New York Court Rules Vaping Is Not the Same as Smoking, Motherboard (Feb. 23, 2016) http://motherboard.vice.com/read/new-york-court-rules-vaping-is-not-the-same-as-smoking-ecigarettes-vape-news-cigarettes-law.

 

0 comments
107 views

Permalink