SEBASTIAN — Decisively breaking new ground on an issue still being explored on state and national levels, the Sebastian City Council is moving forward on an ordinance that would prohibit the sale of e-cigarettes and liquid nicotine to minors as well as their use anywhere within the city where smoking is prohibited.
City Attorney Robert Ginsburg, who crafted the document at the request of Mayor Bob McPartlan, told council members that “this is new material,” and explained that the Florida Department of Alcohol, Tobacco and Firearms has ruled that e-cigarettes – unregulated, high tech smoking devices – are considered to be a tobacco product, and, thus, subject to the same restrictions.
“What we have in place will cover the issue, but no court has ruled whether it is right or wrong,” said Ginsburg.
The other issue of uncertainty, he said, is that of where individuals can smoke and, again, no court has yet weighed in.
The proposed ordinance “treats e-cigarettes the same as a lighted tobacco product.”
Ginsburg told council members that whatever they were going to decide they’d be among the leaders.
“We should address this,” he emphasized. “Neither state nor federal law preempts you from having the power to enforce” a smoking ban.
In preparing the ordinance, Ginsburg referred to legislative findings regarding nicotine, a neurotoxin present in e-cigarettes and considered one of the most addictive substances available for public consumption.
The U.S. Food and Drug Administration (FDA) has disproven the claims by e-cigarette manufacturers and marketers that the products are safe nicotine delivery devices.
McPartlan said he wants an ordinance because of the inherent danger to young people, not only from e-cigarettes themselves, but also because their addictive characteristics can act as “training wheels,” leading to a lifetime of nicotine addiction.
The nicotine content of e-cigarettes is unknown and unspecified and presents a significant risk of rapid addiction.
“Protecting city residents against any untested nicotine product like e-cigarettes represents sound public health and fiscal policy,” Ginsburg’s concluded.
The proposal was supported by Robin Dapp, executive director of the Substance Awareness Center of Indian River County, and David Cavell, the center’s prevention coalition coordinator, who stated, “You can’t afford not to approve this.”
“Let’s lead the way,” council member Andrea Coy urged.
Agreeing that the move was to protect young people and not to harass adult smokers, the board passed the ordinance on first reading and set a public hearing on the matter for Nov. 13.
