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Wednesday, March 4, 2015

SLO Council moves ahead on e-cigarettes ban in public places

BY CYNTHIA LAMBERT - March 3, 2015

A proposed ban on electronic cigarettes in San Luis Obispo drew local business owners, high school students, former smokers and health officials Tuesday to lobby for and against the battery-operated devices that have been gaining in popularity.

The San Luis Obispo City Council voted unanimously to prohibit the use of electronic cigarettes anywhere that smoking is banned, which includes most public places and workplaces.

Any businesses that sell e-cigarettes also will be required to have a tobacco retailer license. In addition, the council decided that retailers will not be allowed to permit smoking inside their businesses.

The new rules are scheduled to return to the council in mid-March for final approval and would take effect 30 days later.

“It's not about what people do in their personal space,” Councilwoman Carlyn Christianson said. “It's just saying that if you enjoy doing it, then the city of San Luis Obispo would appreciate that you do that in your private space.”

The council's action makes San Luis Obispo the first city in the county to regulate e-cigarettes.

More than 40 cities in California have already taken similar action.

San Luis Obispo has banned smoking in nearly all public places since 2010, including sidewalks, parking garages, bars, restaurants, stores, stadiums, playgrounds and transit centers.

Last year, 189 citations were issued for smoking in public in the city, special projects manager Greg Hermann said.

The issue of e-cigarettes — also called vapes, vape pens or e-hookahs — was raised during a council meeting last year, and the council directed the staff to bring back regulations for consideration.

On Tuesday, council members heard from 17 people, with comments fairly evenly split for and against the ordinance.


Supporters of the ban said e-cigarettes could expose people to harmful secondhand health impacts; could appear harmless to teens and are easy for them to access; and that allowing e-cigarettes could undermine existing regulations regarding regular cigarettes.

“The problem that I have with e-cigarettes is they do not smell like cigarettes,” said Winston Holyfield, a junior at San Luis Obispo High and member of the school's Friday Night Live club. “And the fact that I can't tell if I'm being exposed to that, it makes me worried. I'm worried that there will be children exposed to this from a very young age. I don't believe that is acceptable in a city such as ours.”

Opponents of the new rules said e-cigarettes have helped many local people quit smoking traditional cigarettes and should be treated differently. Some people said they don't use nicotine in the devices.

“I do non-nicotine vaping and find it to be a form of adult chewing gum,” said Raymond Hanson, a San Luis Obispo resident and a co-owner of The Sub. “We don't need another law on the books that confuses vaping with smoking.”

Michael Kirkpatrick, owner of Stellar Vapes in Atascadero, said e-cigarettes have helped many people who were desperate to quit smoking.

“If we were to really compare e-cigarettes to real cigarettes anyone who did a little research would find out it's 99.9 percent more safe than smoking cigarettes,” he said.
The Food and Drug Administration and the state health department, however, have expressed concerns about the safety of the devices after testing found that some contain toxins and carcinogens.

After the council's vote, another business owner said that not allowing customers to sample various e-cigarette flavors in stores would harm local businesses.

The council's action came after a brief discussion about how “grandfathering” existing businesses to allow smoking in their stores would be unfair to any new businesses which wouldn't be given the same exception.

“That's how we get people to stop smoking, by finding a flavor they like,” said Graham Lovejoy, who owns vape shops in Atascadero and Grover Beach.
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