Monday, March 16, 2015

San Louis Obispo, CA - Local Alert: City Council meeting Tues. 3/17 to vote on an Indoor Vape Ban

(Updated 5-5-15: Ordinance passed. Local alert concluded.)

San Luis Obispo, CA

The San Luis Obispo City Council met on Tuesday, March 3rd and voted to extend the city’s existing smoking ban to the use of e-cigarettes. This was the first reading of the ordinance and although they have agreed to pass this legislation, they must vote again at an upcoming meeting for the proposal to become law.

The new law would also require retailers to obtain a tobacco sales license in order to sell vapor products in the city.

The San Luis Obispo City Council meets again on Tuesday, March 17th at 6:00 PM. City Council Chamber, City Hall.
990 Palm Street,
San Luis Obispo, CA.

Changes to this schedule, and additional meetings which may be scheduled are publicly noticed here.

Please take action NOW to express opposition Ordinance No. 1613.

  • 1st - Send emails and call members of the city council, mayor, and vice mayor (see talking points below).

San Louis Obispro - City Council
Carlyn Christianson
(805) 550-9320
Dan Carpenter
(805) 431-3174
Dan Rivoire
(805) 540-8812
Jan Howell Marx
(805) 781-7120
John Ashbaugh
(Vice Mayor)
(805) 550-7713
Comma delimited email,,,,,
Full council

  • 2nd - Please plan to attend the hearing on the 18th.  Please see rules to testify below:

SLO - Rules to testify:
  • Those wishing to testify must complete a "City Council Meeting Speaker Card," that is located at the entrance to the Chamber, and submit it to the City Clerk.
  • When the Mayor calls your name, please step to the podium, state your name, city of residence, and whether you represent a business or group. (Note: Municipal Advocates must disclose themselves as such and identify the party(ies) represented - SLOMC Sec. 2.64.070).
  • Speakers are allocated three minutes in which to express their views.


  1. You are a resident and you oppose banning e-cigarette use where smoking is prohibited. (If you are responding to a Call to Action or Local Alert for a city or state in which you are not a resident, please mention any connection you have to the area, for example, you travel there on vacation or have friends/family in the area.)

  1. Tell your story on how switching to an e-cigarette has changed your life. (Avoid using slang terms such as "juice.")

  1. Clarify that:
    1. Smoking bans are ostensibly enacted to protect the public from the harm of secondhand smoke, but e-cigarettes have not been found to pose a risk to bystanders. In fact, all evidence to date shows that the low health risks associated with e-cigarettes are comparable to other smokeless nicotine products.
    2. The low risks of e-cigarettes is supported by research done by Dr. Siegel of Boston University, Dr. Eissenberg of Virginia Commonwealth, Dr Maciej L Goniewicz of the Roswell Park Cancer Institute, Dr. Laugesen of Health New Zealand, Dr. Igor Burstyn of Drexel University, and by the fact that the FDA testing, in spite of its press statement, failed to find harmful levels of carcinogens or toxic levels of any chemical in the vapor.
    3. A comprehensive review conducted by Dr. Igor Burstyn of Drexel University School of Public Health based on over 9,000 observations of e-cigarette liquid and vapor found "no apparent concern" for bystanders exposed to e-cigarette vapor, even under "worst case" assumptions about exposure.
    4. Electronic cigarette use is easy to distinguish from actual smoking. Although some e-cigarettes resemble real cigarettes, many do not. It is easy to tell when someone lights a cigarette from the smell of smoke. E-cigarette vapor is often practically odorless, and generally any detectable odor is not unpleasant and smells nothing like smoke. Additionally, e-cigarette users can decide whether to release any vapor ("discreet vaping").  With so little evidence of use, enforcing use bans on electronic cigarettes would be nearly impossible.
    5. The ability to use electronic cigarettes in public spaces will actually improve public health by inspiring other smokers to switch and reduce their health risks by an estimated 99%.
    6. Losing the ability to test e-liquids before purchasing will have a significant and negative impact on your ability to purchase/sell e-liquids.
    7. Many smokers first try e-cigarettes because they can use them where they cannot smoke, however, they often become "accidental quitters." This is a documented phenomenon unique to e-cigarettes. It may take a few months or only a few days, but they inevitably stop smoking conventional cigarettes. This is why including e-cigarettes in smoking bans could have serious unintended consequences!
    8. By making e-cigarette users go outdoors, the City will also be sending a strong message to traditional smokers that e-cigarettes are no safer than smoking. This will actually maintain the number of smokers, rather than help reduce smoking. This is a far more realistic risk to public health than any unfounded concerns about possible youth or non-smoker use uptake. In fact, the most recent report by the CDC showed that the dramatic increase in e-cigarette use over that past 3 years has not led to an increase in youth smoking. Youth smoking of traditional cigarttes continues to decline to record low levels.
    9. The children of smoking parents are far more likely to become smokers than the children of non-smoking parents who see smoking behaviors in public. The children of smoking parents who quit aren't any more likely to smoke than those of non-smoking parents. Prohibiting vapor products in public does little to protect the children of non-smoking parents from becoming smokers, but significantly increases the likelihood that many smoking parents won't switch to e-cigarettes. This only serves to keep the highest-risk children at risk.
    10. E-cigarette use does not promote the smoking of traditional cigarettes, nor does it threaten the gains of tobacco control over the past few decades. In fact, by normalizing e-cigarette use over traditional smoking, the efforts of tobacco control are being supported. If anything, e-cigarette use denormalizes conventional smoking by setting the example of smokers choosing a far less harmful alternative to traditional smoking. The CDC surveys clearly show that there has been no "gateway effect" causing non-smokers to start smoking. As e-cigarettes have become more popular, all available evidence is showing that more and more smokers are quitting traditional cigarettes, including youth smokers.
    11. Important Note: A typical and frequent lawmaker response to e-cigarette users who object to public use bans is "We aren't banning all use or sales, just use where smoking is also prohibited." Don't give them the opportunity to counter you in that way! Make it very clear that you understand that this is not a ban of e-cigarette sales or a ban of e-cigarette use where smoking is allowed, but that what IS proposed is still a step backward in public health, not a step forward.

4) Direct them to the website, as well as the CASAA Research Library, for more information.

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