Weaker smoking ban backed

Rejecting a deal brokered by House Speaker William J. Howell, R-Stafford, House Republicans yesterday pushed through a weakened version of a statewide ban on restaurant smoking that Howell fashioned with Gov. Timothy M. Kaine.

Before voting 61-38 to give tentative approval to House Bill 1703, members added more exceptions to the compromise, which already made allowances for private clubs and restaurants with a designated smoking room that is separated and independently ventilated.

"The governor is glad the bill is moving forward, though the amendments run counter to the agreement that was made by the leadership," Kaine spokesman Gordon Hickey said. "We will continue to work on the issue."

Among the amendments proposed yesterday by Del. Terry G. Kilgore, R-Scott, and approved by the House, were to postpone the implementation until Jan. 1, 2010, and to allow smoking whenever minors are not allowed.

The House's version of the bill comes up for a final vote today, which likely is a formality. If the legislation survives both chambers, Kaine can make amendments.

The House also voted 59-39 to approve a matching Senate bill that already had cleared that chamber.

Other changes made to the House bill yesterday were to require either a door or a separate ventilation system and to allow smoking in an entire restaurant if it is rented out for a private party. Violations would carry a fine of no more than $25.

Del. John A. Cosgrove, R-Chesapeake, patron of the House bill, was relieved to see the support, albeit with changes.

"I'm pleased that for the first time we've gotten a smoking-restriction bill that is very narrowly tailored off the House floor," he said. "Now we have to shepherd it through the rest of the process."

Anti-smoking advocates were disappointed with the House amendments.

"It's really not a smoke-free bill anymore," said Cathleen Smith Grzesiek, a spokeswoman for the American Heart Association.

The ramifications for Howell remain to be seen. The weakened measure's advancement could prove helpful this fall for imperiled GOP delegates in Northern Virginia and Hampton Roads.

Or the legislation could create an intra-party rift, warns a group of GOP party leaders and district chairmen who wrote a letter to Republicans in the General Assembly pleading for a "no" vote.

Among the letters' authors is Del. Jeffrey M. Frederick, R-Prince William, chairman of the state party.

"Supporting [House Bill] 1703 will discourage and demoralize the Republican base and confuse those that view us as the party of free market principles," the letter states.

The letter notes that Attorney General Bob McDonnell, the all-but-official Republican nominee for governor, "understands our principles and position in regard to the smoking ban, and we believe you should take heed of his position."

Del. William R. Janis, R-Henrico, spoke against the smoking measure on the floor, at one point saying that "it would be better to live under robber barons than under omnipotent moral busybodies."

Janis said that since September -- no matter what his constituents contacted him about -- they were most concerned about the economy and joblessness.

"Is this bill likely to create more jobs in your district, or is it likely to place more people on the rolls of the jobless?" he asked, adding that mom-and-pop restaurants particularly would be affected.

Del. David L. Englin, D-Alexandria, said that sometimes people who lose their employment consider restaurant work as an option.

"It's not fair in this economy to force a restaurant worker to choose between employment -- between keeping a job to support his or her family -- and being exposed to what we know is cancer-causing secondhand smoke," he said.

Contact Olympia Meola at (804) 649-6812 or .