NEWS
SIGN OF THE TIMES
Now in California , your neighbours could take you to court for the ‘ crime ’ of vaping at home
Words : Jordan Millar
At least 60 local governments across California have embraced bans or restrictions against the sale of e-cigarettes . With more stringent regulations on the horizon , it seems this could be a sign of things to come for American vapers . The latest of these changes took place in Concord CA , where city officials approved legislation to ban the use of e-cigarettes in residential homes . Although this is far from the first attempt to pass a residential vaping ban , Concord ’ s success hints at tougher landscape ahead for vapers . The ban came into effect on January 1 and will prevent residents of multi-dwelling units – including apartment buildings , care facilities , mobile home parks and duplexes - from smoking and vaping within the property . The new law leaves vapers with little choice in where they can use their devices as it also extends to decks , balconies and other “ exclusive-use enclosed areas .” City officials have pointed to the supposed “ danger ” that secondhand vaping can pose to neighbours as justification for the ban , despite scientific evidence largely discrediting this claim . A similar move to impose a residential vaping ban in San Francisco in order to combat second-hand smoke in multi-unit apartment buildings has been put on hold amid fears it could be harmful to long-term renters . In a 2018 evidence review by Public Health England ( PHE ), it was revealed that “ there have been no identified health risks of passive vaping to the health of bystanders .” While violators of the proposed San Francisco ban would have been hit with a $ 1,000 fine , a provision was included to prevent landlords from harassing and evicting tenants . Meanwhile , Concord ’ s policy subjects apartment dwellers caught breaching the city ban to potential civil lawsuits from both landlords and neighbours .
“ If this approach also makes e-cigarettes less easily accessible , less palatable or acceptable … then it causes harm by perpetuating smoking .”
Critics of the ban have highlighted that , while it ’ s not unreasonable for people to want a smoke and vape-free living environment , it would be more beneficial for property owners to decide their own lease conditions . As the Royal College of Physicians argued in their report on tobacco harm reduction – excessive measures against vaping can be unintentionally harmful .
“ If this approach also makes e-cigarettes less easily accessible , less palatable or acceptable … then it causes harm by perpetuating smoking .”
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