Business and tobacco interests said they will fight Gov. Timothy M. Kaine's latest attempt to prohibit smoking in Virginia restaurants, while public health groups are seeking a broader workplace ban.
Saying he was "compelled by concern for the health and well-being of all Virginians," Kaine yesterday proposed a statewide ban on smoking in restaurants, including dining areas in public and private clubs. This is at least the third time Kaine has promoted such legislation.
Kaine backed a restaurant smoking ban that failed in last year's General Assembly session, partly because opponents said it could be interpreted to prohibit smoking at outdoor events and hot-dog carts.
This time, Kaine's proposal would exclude outdoor eating areas from the ban unless those areas can be enclosed.
Lobbyists for tobacco and business interests called the legislation intrusive and unnecessary, pointing to Virginia Department of Health statistics indicating that about 68 percent of restaurants in the state have gone smoke-free by choice.
"Once again, we are searching for a solution for which there is no problem," said J. Glynn Loope, a lobbyist for 65 Virginia cigar retailers. "Obviously, we are going to be doing all that we can to kill these bills. There is no reason for them to become law, because the free market is taking care of this."
Smoke-free dining options remain limited in some areas of the state, said Cathleen Smith Grzesiek, director of government relations for the American Heart Association of Virginia. She said the state has a legitimate public-health interest in protecting employees and customers of private businesses from secondhand smoke. "We don't feel that public health should be left to the demand of the market," she said.
A coalition of public-health groups, including the Heart Association, American Cancer Society and American Lung Association, are backing Kaine's bill but also will lobby for broader legislation that would ban smoking in most public, indoor places, including workplaces.
Smoking bans have passed in the Virginia Senate but failed in a House of Delegates subcommittee in past General Assembly sessions.
Kaine's proposal also will face opposition from Altria Group Inc., the parent company of cigarette maker Philip Morris USA and cigar maker John Middleton Inc.
"We think that every restaurant is unique, and we believe that a complete ban on smoking that treats every restaurant in the same manner doesn't make sense," said Bill Phelps, a spokesman for the Henrico County-based company.
Fifteen states, along with Puerto Rico and the District of Columbia, have laws that prohibit smoking in workplaces, restaurants and bars, according to Americans for Non-Smokers Rights, an advocacy group.
Contact John Reid Blackwell at (804) 775-8123 or jblackwell@timesdispatch.com.
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