Council makes changes to proposed ban on e-cigs

PLATTSBURGH — The Common Council postponed a decision on an amended tobacco law Thursday night. 

That law would prohibit the use of electronically delivered nicotine devices on city property, making e-cigarettes, vaping pens, hookahs and similar devices subject to the City of Plattsburgh's preexisting nicotine law. 

But after a public hearing and further discussion, councilors unanimously voted to amend the proposed law and host another public hearing in mid March to discuss those changes.

Tobacco-Free Clinton Franklin Essex Program Director Dana Bushey Isabella, who helped form the proposed local law, supported the updates made by the Common Council. 

"I think the amendments that were made are really in line with what makes this policy make more sense and more enforceable and more reasonable, so that we can make change happen," she said after the meeting.

POSSESSION

Before the council's updates, the law included language that made possession of the electronically delivered nicotine devices a violation for everyone, including those 18 years or younger, and said any violation to the law would constitute a fine of up to $250. 

Councilor Patrick McFarlin (I-Ward 5) said he didn't feel comfortable with the possession aspect of the proposed law.

"I won't vote for any local law that prohibits possession, especially amongst adults," he said. "I don't think we should really have the power to prevent people from possessing something.

"Prohibiting use on public land; that's a completely different story."

After communicating with the employees of Tobacco-Free Clinton Franklin Essex, including Isabella, Councilor Rachelle Armstrong (D-Ward 1) said she was comfortable with making a few updates. 

PUBLIC PROPERTY

The changes approved by the councilors made only those who use such devices on public property subject to a violation and limit a violator's fine to $100.

Public property is defined in the law as public buildings and adjacent grounds, streets, sidewalks, parks and other publicly owned property, including city-owned vehicles.

USE INCREASE

The New York State Youth Tobacco Survey dates back to 2000 and has been updated every two years since. 

The latest update, from October 2018, showed an 82 percent decrease in cigarette-smoking high-school students.

But also shown on that survey was a 160 percent increase in high-school students who use e-cigarettes from 2014 to 2018.

'IT CAN HURT YOU'

During the public forum, Stafford Middle School student Maria Lyons told councilors she sees vaping on public grounds all of the time. 

"When I walk home (from school) with my friends, there a lot of people who do smoke, and second-hand smoke — it's not really good for you," the eighth-grade student said. 

"It kind of influences some of the students at my school to where some of the students at my school actually do it.

"I kind of don't like it, because it's kind of like self-harm, and it can hurt you." 

RISKS DEBATED

A constituent concern read aloud by Mayor Colin Read at the public hearing said the second-hand vapor wasn't harmful. 

"With vapor and smokeless-tobacco products there is no risk to bystanders from second-hand exposure," the concern read. "Research confirms that the primary user is the only person who experiences any expected risks."

But research from the U.S. Surgeon General-supported website Know the Risks says the aerosol from e-cigarettes could pose some health risks. 

That aerosol can contain both harmful and potentially harmful chemicals, the site says.

Those may include "nicotine; ultrafine particles that can be inhaled deep into the lungs; flavoring such as diacetyl, a chemical linked to a serious lung disease; volatile organic compounds, such as benzene, which is found is car exhaust; and heavy metals, such as nickel, tin and lead."

ATTRACTION

Whether the vapor is harmful or harmless, Isabella said, there are other reasons to push this law along. 

The program director is concerned with electronically delivered nicotine devices becoming normalized and even glamorized.

"When kids see adults doing it — especially young adults doing it — it makes it that much more attractive to them," she said. 

These devices are also incredibly addictive, she added. 

"This is something that we, as a community, should be taking up and helping support," she told the councilors.

"This is about who we are as a community and what we want to offer to our people."

A public hearing on the proposed law and its latest updates is scheduled for 5 p.m. Thursday, March 14. 

Email McKenzie Delisle:

mdelisle@pressrepublican.com

Twitter: @McKenzieDelisle