Cary Smoking and Vaping Ban Fails First Council Vote

The votes are in, and the answer is not yet.

Cary Town Council failed to pass the proposed smoking and vaping ban Thursday night, falling one vote short of the five needed. The tally was 4-2, with Council Member Sarika Bansal and Mayor Harold Weinbrecht voting no. Council Member Carissa Kohn-Johnson was absent.

Bansal said she couldn’t vote yes without answers on enforcement.

“I’m okay with voting yes for this, but I just need to know from the police chief, how will the enforcement work? Or are we just doing this because we want to feel good tonight that we have made a difference by putting this ordinance? Are we going to enforce this? How are we going to enforce this?”

Her no vote came with a twist. Bansal said she is highly allergic to smoke herself, bad enough that she can’t be in a room with a lit candle. Her problem wasn’t the idea of the ban. She said she wanted to be intentional instead of deciding on emotion, and asked for Cary-specific data, a real enforcement plan, and signage costs before voting yes.

Weinbrecht seconded the motion, then voted against his own second. He said he wanted the decision to be unanimous.

“I totally support the motion, but I’m gonna vote against it because I want a unanimous vote. I wanted to go down in the books as the council unanimously approved.”

Most of the council was ready to vote yes. Council Member Michelle Craig framed the ban as a health measure, not a punishment.

“It’s about finding ways to be sure that it’s about health and not being punitive. Having things written in here like the town manager having the ability to designate specific outdoor smoking areas I think is very important.”

Council Member Brittany Richards said adults would keep their choices.

“This is not preventing adults from continuing to exercise their free choices in any number of private and other public spaces. It’s not dissimilar to if you went to a friend’s house and they said ‘oh, I don’t allow smoking in my house,’ we would respect their personal right to say I don’t want smoking in this space, and we’re saying that about the town spaces that belong to all of us.”

The ordinance will come back at a future meeting, when only four votes will be needed to pass. Bansal will work directly with town staff on her enforcement questions in the meantime.

Want to watch it yourself? Here’s the town’s video, cued up to the start of the smoking ordinance discussion.

The proposed amendment would have banned smoking and vaping on Town-owned property, including parks, greenways and trails. It would also have added electronic cigarettes and vaping products to Cary’s restrictions in enclosed public places.

North Carolina already prohibits traditional smoking inside places like restaurants, bars and many government buildings. As the amendment was written, Cary’s local rules would have expanded those restrictions to also include vaping.

There would, of course, have been exemptions for private homes and vehicles, qualifying cigar bars and tobacco shops, private clubs and some hotel rooms.

The town manager would also have had the ability to designate certain outdoor areas where smoking and vaping could still be allowed.

Someone who had continued to smoke or vape after being told to stop could have faced a fine of up to $50.

If it had been approved, the new ordinance would have taken effect July 1, 2027.

A noticeable amount of the push came from local teenagers who publicly advocated for the change.

Students from Green Hope, Green Level and Panther Creek high schools had repeatedly spoken before Town Council this year, arguing that vaping had become extremely common among teenagers and asking Cary to adopt stronger tobacco and vaping restrictions.

Supporters had framed the policy as a public-health measure that would have reduced exposure to smoking and vaping, established clearer expectations around Town facilities and made Cary’s public spaces completely tobacco-free.

Raleigh recently made a similar change, expanding its smoking rules earlier this year to include vaping in public spaces, including enclosed public places such as restaurants and bars.

I posted about the vote on social media, and reactions were pretty split. Some folks supported the change, while others believed it was government overreach.

“More ways to let the government have a say in what you can/cannot do,” commented Dawson Dugid. “Because the government already does such a good job!”

“Awesome, nothing worse than trying to enjoy parks or greenways only to have to breathe the disgusting stench of cigarettes or vapes,” commented John Scruggs. “And before you get upset or say it’s your own choice or it only affects you; if that was the case, I wouldn’t smell the stench!”

“I fully support this. Smoking is horrible in so many ways. If it were up to me, there would be a nationwide ban,” wrote Tracy Roberts.

“Well, thank God it isn’t up to you,” Lee Morone replied, adding that vaping outdoors is not invasive to others.

Others brought up the question of enforcement.

“It will be enforced just like the 45 MPH speed limit on Cary Speedway,” Bob Johnson commented.

Cary has more than one hundred miles of greenways and a large park system, so the proposed rules would have covered a lot of ground.

The ordinance was largely structured around voluntary compliance. A citation of up to $50 could have come into play if someone had continued using the product after being told to stop.

The proposed ordinance would also have given Cary’s town manager the ability to create designated smoking or vaping areas on Town property, which could potentially have provided a middle ground in certain locations.

The proposal came before Council at Thursday’s regular meeting, which began at 6:30 p.m. at Cary Town Hall.

Additional reading: The News & Observer on the student advocates · Town Council Meeting Information