Houston city council unanimously bans vaping, e-cigarettes in public spaces

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The city of Houston outlawed vaping in public spaces Wednesday, amending its smoking ordinance to include electronic cigarettes.

City Council unanimously approved the change, proposed last year by the Houston Health Department in response to a growing scientific consensus on the dangers of vaping.

The amendment adds all types of e-cigarette devices — vape pens, electronic pipes and hookahs, among others — to the smoking ban, which bars cigarettes from enclosed public places and seating areas and within 25 feet of any building. It does not affect hookah bars or other private areas where smoking is permitted.

“You can now go into bars and restaurants without fear that someone vaping nearby will be impacting your health,” said District I Councilmember Robert Gallegos, chair of the council’s Quality of Life Committee.

Council members touted the public health benefit of regulating e-cigarettes, which are filled with a liquid nicotine derived from tobacco that becomes an aerosol when the user inhales. Ultra-fine particles emitted by the vapor and toxins from the devices’ heating elements can increase a person’s risk of cardiovascular disease and cancer, federal studies suggest, even when nicotine-free vape liquid is used.

The new limits on public vaping, which took effect immediately after the vote Wednesday, will be enforced by health inspectors in the same manner as smoking or air pollution complaints, Health Department spokesman Porfirio Villarreal said.

Under the city’s smoking ordinance, business owners are required to post “no smoking” signs and enforce the ban on their premises, with violations bringing a fine of up to $2,000. They will not have to update signage, Villarreal said, but will be expected to confront patrons who violate the new rule by vaping in non-smoking areas.

Businesses that fail to enforce the rule can be reported through the city’s 311 service and will be investigated by health inspectors. The call center receives three smoking complaints per month on average, and officials do not anticipate a significant uptick as the e-cigarette amendment takes effect.

The city hopes to proactively educate business owners and residents about the ban, Villarreal said, with fees issued as a last resort.

“Most of the time when we get a complaint about an individual, the person is gone by the time inspectors arrive,” Villarreal said. “But if they are still there, we will educate them about the ordinance. If there is someone who plainly refuses, we will issue the citation.”

The Greater Houston Chapter of the Texas Restaurant Association supports the amendment and will help its 900 members adhere to it, the association’s executive director Melissa Stewart said Wednesday. Many restaurants already enforce no-vaping rules, she said.

The inclusion of e-cigarettes in the city’s smoking ban generated considerable discussion among vape users Wednesday, many of whom had not heard of the amendment until it passed.

Kyle Wray, manager of Artisan Vapor & CBD Houston, received text messages from employees soon after the vote, with some questioning how the ban would affect the vape store. Wray acknowledged concern in the vaping industry over growing pushback from lawmakers, but said he supports Houston’s ban as a matter of public health.

“I feel like it’s a fair ruling,” Wray said. “I don’t want to be policed at the dog park, but if I go into Olive Garden and I’m puffing away, I expect someone to say something.”

Asked whether he planned to adhere to the new ordinance, Wray said he feels conflicted.

“If I want nicotine, I am going to break the rule,” he said. “I like the rule, because its going to deter a lot of bad behavior, but it’s not going to deter me.”

Ken Schlein, owner of Eado Glass and Smoke, was similarly ambivalent.

“It’s all a little bit overkill if you ask me,” Schlein said.

To health care practitioners, the inclusion of e-cigarettes in the smoking ban is an important step toward reducing their attraction to teenagers. While some adults see vaping as a healthier alternative to tobacco cigarettes, there is growing agreement among doctors that the devices are a dangerous gateway to lifelong nicotine addiction.

“When we don’t allow traditional cigarettes, but we allow electronic products, the message we send to teenagers is that these products are probably OK,” said Dr. Salim Virani, a professor of cardiology at Baylor College of Medicine. “The truth is, we really do not know the long-term impact.”

Dr. Lindy McGee, a pediatrician who advocated for the ban, cheered its passage Wednesday and said she hopes it will stem growing e-cigarette use among teens. As many as 1 in 10 Houston middle and high school students vape, according to health department data.

“I am so excited that the city council tackled this issue and understands the importance of it,” McGee said. “The more we can reduce teens’ access and exposure to vape products, the more we can reduce their future nicotine use.”

Read full article here.

Nora Mishanec – Houston Chronicle – 2022-03-30.

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