The ordinance regulating smoking in public places ("smoking ban") passed earlier this year in Forney may have an exemption on the horizon. During the June 4th City council meeting, Council member Andy Parker asked for clarification regarding e-cigarettes in the City’s current ordinance.
“There seems to be some confusion as to whether the vapor-type cigarettes, I think they call them e-cigarettes, whether the use of those is also banned?” asked Parker.
According to Community Development Director Peter Morgan, e-cigarettes are currently covered under the ban as “a smoking or other tobacco substitutes” and would be illegal to use or smoke anywhere the ordinance prohibits smoking.
City Manager Brian Brooks said if the City Council requests to revisit the smoking ban, the city can certainly do that. Council member Parker added, “Since the issue was brought up with me specifically, I think we should [revisit the ordinance], for the simple reason that the rationale underlying the smoking ordinance to begin with is that it is a health issue based on second hand smoke."
Electronic cigarettes are defined in Section 8.1201 of the Forney City Ordinances under smoking as “other combustible material or smoking equipment or device, irrespective of form or kind.”
Currently, the ordinance prohibits smoking in all eating establishments and City owned public buildings, places, or facilities. Smoking is also prohibited within 25 feet of any operable window or door to eating establishments and City owned public buildings, places, or facilities.
“To me, anything we can do to encourage people to actually stop smoking would be a positive,” said Council member Parker.
Electronic cigarettes, also known as e-cigarettes, are defined by the U.S. Food and Drug Administration as “battery-operated products designed to deliver nicotine, flavor and other chemicals. They turn nicotine, which is highly addictive, and other chemicals into a vapor that is inhaled by the user.” According to the FDA's website, the use of e-cigarettes has not been fully studied and there is no way of knowing “whether e-cigarettes are safe for their intended use” and “how much nicotine or other potentially harmful chemicals are being inhaled during use.”
In a written statement, e-cigarette user and longtime Forney resident Cheryl Bellino stated she would like to be able to use her e-cigarette at "whatever public places that actual smoking was previously allowed.”
“In my opinion, to make the matter simple for everyone, it boils down to this: the ordinance should treat electronic smoking devices and vaping just the same as it does smokeless tobacco products such as dip, chew, and snuff. Wherever that is allowed, vaping should be too,” stated Bellino (emphasis in original).
The Forney City Council will now wait for City officials to review the recently enacted ordinance regulating smoking in public places and present the council with any amendments or changes for its consideration.