Vaping Is Now Banned in Alabama's Indoor Public Places

Since October 1, Alabama treats vaping the same way it treats smoking in indoor public places. If a cigarette would get you asked to leave a restaurant, an e-cigarette will too.

The change comes from Senate Bill 9, and it's shorter than most people expect. The bill doesn't make a new list of banned places. It adds vaping to the definition of "smoking" in the state's existing Clean Indoor Air Act, so every rule that applied to cigarettes now applies to vapes.

What the bill does

SB 9 was sponsored by Senator Gerald Allen of Cottondale. News reports say he had pushed versions of it before, including one in 2024 that passed the Senate and then stalled in the House. This time the Senate passed it on January 29, the House passed it with amendments on April 9, and the Senate agreed the same day. It took effect October 1, 2026.

Two things changed in the law itself:

• The definition of "smoking" now includes the use of an electronic nicotine delivery system, which is the legal term for e-cigarettes and similar devices. The bill points to Section 28-11-2 for what counts as one.
• The act has a new name. It is now the Vivian Davis Figures and Barbara Drummond Clean Indoor Air Act. Senator Figures helped pass the original act in 2003. The bill's title line mentions only her, but the text of the act uses both names.

Where it applies

The act covers what it calls public places, meaning any enclosed area the public is allowed to enter. The statute's list is long: hospitals, nursing homes, libraries, courtrooms, theaters, museums, restaurants, laundromats, shopping malls, government buildings, sports and recreational facilities, airports, banks, retail stores, and places of employment. A private residence is not a public place.

Notice that places of employment are on that list. That's why this reaches most indoor workplaces and not only the places you'd think of.

It's also worth noticing what the state act doesn't say. It is about enclosed areas, so a patio or a parking lot isn't covered by it. City and county rules can be stricter than the state's, so a local ordinance may reach places this one doesn't.

Exceptions

The act already treats some places differently. It defines "bar and lounge" and "smoking area" separately from public places, and a private home is outside the act altogether. SB 9 doesn't add any new exceptions for vaping. Because vaping now counts as smoking, the act treats the two the same way. Where smoking is allowed, vaping is allowed, and where it isn't, it isn't. Read the act's other sections before you assume an exception covers your place.

You may have seen coverage saying the ban reaches university dorms. The enrolled bill never mentions dormitories. Educational facilities are on the public-places list and private residences are not, so how a residence hall fits depends on how it's used and who is allowed in. Until that's answered, a university's own housing policy is the rule students will most likely run into.

What happens if someone breaks it

Enforcement under the Clean Indoor Air Act runs through the Alabama Department of Public Health and county health departments. As I read the enforcement section, it works like this. The person in charge of the place gets a notice to comply. If the problem isn't fixed within 30 days, the department can assess a civil penalty of up to $50 for a first violation, $100 for a second, and $200 for each violation after that. If a place keeps refusing to comply after it's been penalized, the department can ask the circuit court to order it.

The dollar amounts are small. But an ignored notice is exactly how a small problem ends up in court, so a business that gets one shouldn't let the 30 days run out.

What business owners and employers should do

• Update your written policy and your signs so vaping is covered wherever smoking is. Plenty of people assume vaping was grandfathered in because the old act never mentioned it.
• Tell your employees before someone finds out the hard way.
• If you have a designated smoking area, ask whether it meets the act's requirements. Vaping inside it now follows the same rules as smoking.

None of this bans owning or using a vape. The law is about where.

If you got a notice

If a health department has sent your business a notice, or you're not sure how the act applies to your building, bring it to us. We handle business disputes and regulatory problems, and reading a notice carefully before the deadline is a lot cheaper than answering one after it.

Call John Medaris Law at (205) 663-1584. We're at 230 Bearden Road in Pelham, and we work with business owners across Shelby and Jefferson Counties.