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Old 11-04-2010, 03:06 PM   #1
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Received notice today that management will not allow smoking in the buildings and all outdoor areas of the property, effective Jan 1, 2011.

Here's their Definition of Smoking:

"The Term SMOKING means inhaling, exhaling, breathing or carrying any lighted tobacco product, INCLUDING high-tech smoking devices commonly referred to as electronic cigarettes."

I suspect that the people who wrote the policy, don't even know what an electronic cigarette is or how it works.

I was expecting the No Smoking Rule and was planning on using E-cigs to get through it, but this really put a damper in my plans.

I'm interested in hearing what others have to say about this.

And can they REALLY prohibit the use of E-Cigs?

Marlo
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Old 11-04-2010, 03:11 PM   #2
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Sounds like you might have legal recourse.
search for a couple of the e-cig "organizations" to see if you can get good advice.

Send a copy to every news outlet you know.
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Old 11-04-2010, 03:25 PM   #3
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Originally Posted by MarloNC View Post
Received notice today that management will not allow smoking in the buildings and all outdoor areas of the property, effective Jan 1, 2011.

Here's their Definition of Smoking:

"The Term SMOKING means inhaling, exhaling, breathing or carrying any lighted tobacco product, INCLUDING high-tech smoking devices commonly referred to as electronic cigarettes."

I suspect that the people who wrote the policy, don't even know what an electronic cigarette is or how it works.

I was expecting the No Smoking Rule and was planning on using E-cigs to get through it, but this really put a damper in my plans.

I'm interested in hearing what others have to say about this.

And can they REALLY prohibit the use of E-Cigs?

Marlo
Is this a "condo" type deal?

They can set rules and regulations, but who's to know? Unless you just let out a great big puff of steam, it doesn't linger, and it doesn't particularly have a discernable smell. How are they going to know? Follow Rocket's advice, but I wouldn't stop vaping. Unless they actually SEE you, there's no way to know you're vaping.

Must be some k00k who thinks there's such a thing as "second hand steam".

Actually, reading it, it says "tobacco product". E cigs are NOT a tobacco product. They may be referring to the ones that use tobacco in a canister. Those do emit smoke.
E cigs using juice are not tobacco products, and do not produce smoke.
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Last edited by Steampunk; 11-04-2010 at 03:27 PM.. Reason: Caveat Emptor...
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Old 11-04-2010, 03:31 PM   #4
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Here's their Definition of Smoking:

"The Term SMOKING means inhaling, exhaling, breathing or carrying any lighted tobacco product, INCLUDING high-tech smoking devices commonly referred to as electronic cigarettes."

Marlo
Seems to me that the keywords here could be "lighted tobacco product", then vaping doesn't count. Just tell them it's not an "electronic cigarette" It's a "personal vaporizer/inhaler". Besides which it's not a tobacco product - it's a nicotine product, and if you're using 0mg then it's not even a nicotine product.
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Old 11-04-2010, 03:33 PM   #5
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Seems to me that the keywords here could be "lighted tobacco product", then vaping doesn't count. Just tell them it's not an "electronic cigarette" It's a "personal vaporizer/inhaler". Besides which it's not a tobacco product - it's a nicotine product
Unless armed with all kinds of data, and very practiced in defending against stupidity, it would probably be better to let someone else do the talking. Local TV station might like to do an interview.

Otherwise run the cable TV to a "closet" and enjoy.
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Old 11-04-2010, 03:34 PM   #6
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Originally Posted by Teri View Post
Seems to me that the keywords here could be "lighted tobacco product", then vaping doesn't count. Just tell them it's not an "electronic cigarette" It's a "personal vaporizer/inhaler". Besides which it's not a tobacco product - it's a nicotine product, and if you're using 0mg then it's not even a nicotine product.
Hey! I just said that! What are you, a parrot?
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Old 11-04-2010, 03:38 PM   #7
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Unless armed with all kinds of data, and very practiced in defending against stupidity, it would probably be better to let someone else do the talking. Local TV station might like to do an interview.

Otherwise run the cable TV to a "closet" and enjoy.
You're right Rocket, but it just pi$$e$ me off when stupidity rears its head in a manner such as this. The TV stations would probably LOVE to get hold of it. Marlo, where are you in NC

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Hey! I just said that! What are you, a parrot?
Very funny steam!
Actually, I got so mad reading all that that I responded before I saw eveything that you wrote.
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Old 11-04-2010, 03:38 PM   #8
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The attorney general of VA issued the following opinion:

The Mechanicsville Local | News - Attorney General Cuccinelli issues official opinion on E-cigarette

Basically an electronic cigarette has no burning tobacco therefore isn't subject to that type of ban.
I would send them a copy and stop in and show them what it actually is
After seeing them up close and personnel they may back off all together. If not it could get interesting if they open themselves up like that
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Old 11-04-2010, 03:42 PM   #9
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and all outdoor areas of the property, effective Jan 1, 2011.


Sounds Like "Sit In Time"
Vapors of N.C. Unite and Vape in front of this place, hehe.
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Old 11-04-2010, 03:50 PM   #10
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Yea, not a bad idea. Their preconceived notion of a PV (I hate the term e-cig that's how you get these problems in the first place) vs. fundamental pursuit of happiness.
I think legally this tromps all over your constitutional rights especially considering its your home. This really opens up all kind of interesting legal liabilities. Make sure you document everything about this ban. I have a feeling it could be very useful some point down the road.
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Old 11-04-2010, 04:15 PM   #11
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The next NC vapers meeting will be on November 20th at Beantown Tavern in Matthews, NC
starting @ 4:30 PM

We have a couple of NC Vendors on the forum.
If you guys have any advice, PM MarloNC.
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A good e-juice, fresh carto, and 3.7 volts from a REALLY REALLY BIG battery works for me. YMMV

Originally Posted by Rocketman
...Quasi was right...Once

Last edited by Rocketman; 11-04-2010 at 04:30 PM..
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Old 11-04-2010, 05:52 PM   #12
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Are there a lot of smokers/vapers in your complex? If so you could draw up a petition get as many residents as possible to sign it and imply that you all we soon terminate your lease agreements if your rights are violated. I'm a landlord and the thought of having to rent out many units at once and have the loss of so much income at once would definatley get my attention.
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Old 11-04-2010, 06:01 PM   #13
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But Vickie, you're not one of those anti smoking fanatics
You know the ones that think you can get cancer from 4th hand smoking.
(looking at a Marlboro ad is 4th hand smoking, looking at a Marlboro ad that was previously handled by a smoker is 3rd hand smoking).

Maybe her landlord is willing to cut off her income just to spite her face.

The N.C. Attorney General has given an interpretation of the new N.C. no smoking law:

Vaping is not punishable under the law as smoking, but businesses have the right to refuse vapers in hotels, restaurants, retail stores. Apartments? Don't know.

Get your hair done, it TV time
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Old 11-04-2010, 06:14 PM   #14
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Maybe so Rocket but if they all band together they may get smoking section.
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Old 11-04-2010, 08:09 PM   #15
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Just don't pull your gear out in public,
and it wont be a problem.
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Old 11-04-2010, 08:35 PM   #16
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Just don't pull your gear out in public,
and it wont be a problem.

It ain't that serious! Just don't let anybody catch you!
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Old 11-04-2010, 08:39 PM   #17
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Official NC Definition of Smoking:

Smoke, smokes, or smoking. – The use or possession of a lighted cigarette, lighted cigar, lighted pipe, or any other lighted tobacco product.

It looks like my landlord came up with their own definition. Guess that could be a problem for them.

Thanks for all the replies and support.
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Old 11-25-2010, 06:48 AM   #18
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Well, I guess they can ban what they want in their complex. I wonder if they would be happy if every smoker in the place started using chewing tobacco instead and just spit on the sidewalks outside.... I think I would contact the news for an interview on this one. It would advertise vaping as well and maybe help our cause!
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Old 11-25-2010, 11:32 AM   #19
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Good luck.
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tek, don't trust them. You spell better than some russian guys :lol: Stacking batts since 2010, and still alive!!!!
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Old 02-15-2011, 04:55 PM   #20
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"what electronic cigarette?.....this is my asthma inhaler!"......
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Old 02-15-2011, 04:56 PM   #21
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"what electronic cigarette?.....this is my asthma inhaler!"......
LOL Someone should totally mod an inhaler.
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Old 02-15-2011, 05:22 PM   #22
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No its not a cigarette, its a LeCig ... WTF?
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Old 02-15-2011, 06:19 PM   #23
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LOL Someone should totally mod an inhaler.
ive been really wanting to, but i need one to do it with.... any one want a test sample for a few inhalers?
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tek, don't trust them. You spell better than some russian guys :lol: Stacking batts since 2010, and still alive!!!!
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Old 02-15-2011, 06:49 PM   #24
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ive been really wanting to, but i need one to do it with.... any one want a test sample for a few inhalers?
There are OTC inhalers at Walmart. I can't remember the company name, but it's a light brown box.
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Old 02-17-2011, 05:15 PM   #25
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As an owner of an apartment building I can tell you that if it's in the lease, it's enforceable. But the only recourse is to throw you out.

As an owner I would be afraid that other people seeing someone vapeing would not know it was an e-cig and try and light up their analogs. Then the owner has to deal with the "if he can do it why can't I?"
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