Baltimore expected to ban ‘vaping’ in most public places

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Baltimore city is poised to ban the use of e-cigarettes on playgrounds and inside public buildings, except in so-called “vape shops” and in bars and restaurants that expressly decide to allow it.

E-cigarettes, which have become increasingly popular in recent years, heat flavored liquids into a vapor that users inhale. The liquids usually contain nicotine, but not always.

Local governments across the country, including Baltimore, have been struggling with how to regulate the devices. On Wednesday, a committee of the City Council reached a compromise with vaping advocates, who say they’re pleased with the final regulations, and health officials, who say they still have concerns.

The final version of Baltimore’s bill prohibits vaping in most public places — and levies the same penalties that apply to violations of tobacco laws — but it exempts retail shops that primarily sell electronic smoking devices and related products.

The bill also allows bars and restaurants to decide for themselves whether to allow e-cigarette use.

If an establishment decides to allow it, they must post a “prominent” notice at the entrance informing potential patrons that others might be using the devices there. A notice must also be clearly printed in each menu, if applicable.

The Judiciary and Legislative Investigations Committee unanimously passed the bill Wednesday. Committee Chairman James B. Kraft said he fully expects the measure will be approved by the full council at its next meeting Monday evening.

Kraft said he would have “preferred” to pass the bill without the amendments, but that the revisions were necessary to move the measure forward.

“It’s not the best compromise,” he said, “but it’s a fair compromise.”

City health officials also dislike the amendments, according to Laura Fox, director of the Office of Chronic Disease Prevention in the health department. Fox said officials are particularly concerned about “renormalizing smoking indoors, especially for youth.”

The state of Maryland has already banned the sale of e-cigarettes to minors. But, Fox said, if kids and adolescents see adults using the devices in restaurants, they might assume it’s a socially acceptable form of smoking.

“But,” she added, “any steps we take are steps in the right direction.”

Others, however, are satisfied with the final version of the bill.

Ronald Ward is an attorney, a longtime city resident and the owner of a vape shop in Baltimore County, The Vapers’ Edge. He’s been following the bill’s progression since it was introduced in April, and he vehemently opposed the original version, which would have prohibited vaping even at retail vape shops.

“I think the amendments are reasonable,” Ward said. “They allow people to sample the flavors of the liquids and actually vape in the shop, which is very important. Also, they can troubleshoot in the store if there’s a problem (with their device).”

Ward said the compromise is much better than measures passed in other cities, where stricter regulations have gone into effect. Some jurisdictions, including New York City, have simply extended smoking prohibitions to cover vaping, as well — which is the route Baltimore originally wanted to take.

But Ward said equating e-cigarettes to tobacco cigarettes demonstrates a lack of understanding about how the products actually work. And, he continued, outright bans on e-cigarettes illustrate an unwillingness to acknowledge their potential as smoking-cessation tools.

Many Baltimoreans, including Ward, have come out over the past few months to describe how they quit smoking by switching to e-cigarettes, which enable users to control the amount of nicotine they inhale.

Councilman Bill Henry, who also sits on the committee, said although he’s heard the success stories, he’d rather be safe than sorry. Until there’s evidence proving that vaping is safe, Henry said, he’ll still have concerns.