Sorry Dude! You Can’t Vape Inside My Vape Shop

June 17, 2015

I blinked twice and had a hard time believing what I was reading. Then I verified the news with additional sources. Smoke free laws which are oftened referred to as clean indoor air acts or similar words are prevalent throught the USA and other parts of planet Earth. If crafted fairly and deployed in a reasonable manner, I can deal with it. After all, who wants to inhale large clouds of poison from a smoker during your dinner. I get it. I really do. BUT this is beyond the pale.

Vapers in Fargo, North Dakota can NOT vape inside a vape shop. Let me repeat that so you understand that it’s not a typo. You can’t vape inside a vape shop in Fargo, North Dakota. The legislators who enacted this “smoke-free law” even spend money enforcing it using the Fargo Police Department, in partnership with Fargo Cass Public Health. To make matters worse, they even issue press releases to flaunt their deeply misguided laws.

“Fargo police checked the shops to ensure that electronic cigarettes weren’t being used in a prohibited area, and E-Cig Empire at 4900 13th Ave. S. failed, according to a release from Fargo Cass Public Health.”

“It’s the second time the business has failed a compliance probe within 12 months. A report was sent to the Cass County State’s Attorney’s office for consideration of charges. People who smoke in prohibited areas can be fined up to $50. Business owners who fail to comply can be fined up to $100 on the first violation, $200 the second time and up to $500 each time after within the same year. A business owner could also lose his or her permit or license.”

Source

“Smoke-free law compliance check results in second fail for local business. On Thursday, June 11, the Fargo Police Department, in partnership with Fargo Cass Public Health, conducted a compliance check of the state smoke-free law, N.D.C.C. 23-12-09 to 23-12-11. The purpose of the check was to ensure that electronic cigarettes were not being used in a prohibited area.  Electronic cigarettes are included in the state smoke-free law and the use of these products, also known as vaping, is prohibited in the same locations as smoking.

In Fargo, five businesses were checked-one failed.  A report has been sent to the Cass County State’s Attorney’s office for consideration of charges. The checks will be conducted quarterly or as needed.
Failed in Fargo:
E-Cig Empire, 4900 13th Ave. S., Fargo –2nd fail in 12 months”

Source

E-Cig Empire sells ejuice. The most profitable product sold in a B&M. House ejuice sales can generate 100% to 400% gross profit. Buying wholesale from other companys and selling retail can generate at least 100% or more profit. How the hell can this vendor continue to stay in business when customers can’t sample ejuice inside the shop or hang out on the comfy furniture inside the shop and vape? This is a private business and yet the local legislators, bureaucrats, and Police want to waste money enforcing what I think is the worst local restriction on Vaping in the USA. Talk about the “nanny state” and a defacto ban on all vape shops in Fargo, North Dakota! Shooting yourself in the foot when the current vape shops decide to close and your tax revenue heads south plus all the money spent enforcing this horrible law. Please stay vigilant in your geographic location. Fight back before this kind of law gets passed.

EDIT on 6/18/15: I just found a very interesting Blog post by Kristin Noll-Marsh who is Vice President of CASAA. Titled “The Irony of Vapers Supporting Vaping Bans“. She does a great job of presenting her own views (not official CASAA speak) with respect to Vapers who support “clean air” smoking and vaping restrictions. After reading here post my gray matter started jelling and caused me to clarify my statements at the top of this article. The devils in the details. Certainly, the actions of legislators in Fargo, North Dakota illustrate how a clean air act includes draconian and ill conceived provisions. I get that. But, tying to fight all clean air laws, which include vaping, before they become law seems like a futile exercise for me. I don’t “support” these laws. I would term my own views as “tolerating”, as long as the law is reasonable, fair, and deployed in a equitable manner. I’m not selling out. Rather, I’m facing the reality that the vaping Community in general, lack the leverage to eliminate vaping inclusion in a clean air act and fighting for this paints us as unreasonable zealots. I would prefer to sit at the negotiating table and give some ground which paints me as reasonable, and in general support of the ban BUT I’m going to fight you with every fiber of my body to eliminate unrealistic provision like inside a vape shop, a beach, a park, etc. Inside a restaurant should be banned. It’s called negotiating. You give some ground to get some ground if you don’t have the leverage to block. Shape the law. Yes! Eliminate certain provisions. Yes! Regardless of your own views, I suggest you read her post.