New York Judge: Vaping Isn't Smoking!

New York Judge: Vaping Isn't Smoking!

This will likely be the first of many.

Last year (2017) New York introduced a ban that consolidated vaping and smoking. If there was a ban on smoking in that area, there was also a vaping ban.

But something happened recently.

A Judge went against the State (or "the people") and overturned the citation that was issued to the defendant.

"Thomas", as the courts identified him, received a citation for vaping in a public space. Thomas decided he would take the issue to court and fight it.

Incredibly, it didn't take long before the Judge threw out the citation ruling that "the burning of a lighted cigar, cigarette, pipe or any other matter or substance which contains tobacco." doesn't cover vaping.

The Judge went on to state that "An electronic cigarette neither burns nor contains tobacco, instead, the use of such a device, which is commonly referred to as 'vaping', involves the inhalation of vaporized e-cigarette liquid consisting of water, nicotine, a base... and occasionally, flavoring."

The "People" (against vaping) argued that New York State has not determined whether e-cigs should be viewed any differently  than tobacco cigarettes. But the Judge dismissed the argument and simply repeated the fact that vaping doesn't match the definition of smoking, and therefore, no crime was committed.

It will be interesting to see how this situation develops. Will NY State redefine smoking to allow vaping a place in the ban and other regulations? Or will it learn, and create a separate definition with a separate batch of regulations and restrictions?

We have to look up to people like "Thomas", for standing up to what he believed was wrong. A true vaping advocate. And the Judge was awesome for using his common sense to come to a conclusion!

We won't hold our breath for the positive regulation changes, but this was definitely a winning moment for the vaping community.


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