Smoking ban in eateries bolstered
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Face-off: Smoking ban
Hear Sen. Ralph Northam and Del. Lee Ware argue opposing sides of the smoking ban bill.Published: February 17, 2009
Legislation that would severely restrict smoking in Virginia's restaurants appears headed toward resolution in the proverbial smoke-filled room.
State senators yesterday rejected House of Delegates amendments meant to weaken Senate Bill 1105 -- a bill that would prohibit smoking in public eateries that do not have a separate ventilated room for those who want to light up.
The bill now returns to the House. If delegates insist upon their amendments -- to permit smoking in restaurants and bars that are off-limits to minors, and in areas of restaurants separated by a door -- the bill will head into negotiations by a small group of lawmakers from each chamber.
Yesterday's move was part of a legislative strategy by Senate Democrats, House Republican leaders and Gov. Timothy M. Kaine. They want to shift the original bill and its House counterpart to the bipartisan committee of negotiators to broker a compromise that more closely resembles the agreement on a ban trumpeted Feb. 9.
That agreement, fronted by Democrat Kaine and Republican House Speaker William J. Howell of Stafford County, went up in smoke when dissident House Republicans attached the amendments to the legislation, snuffing out much of its impact.
Yesterday, officials said a compromise bill is under negotiation and could be ready within the week.
"We're continuing to have discussions," Kaine said. "There is strong agreement that something needs to be done about smoking in restaurants."
The sponsor, Sen. Ralph S. Northam, D-Norfolk, said the final version of the legislation under negotiation is expected to maintain the prohibition on smoking, without regard to the age of the patrons allowed.
The compromise legislation also is expected to maintain the requirement that smoking areas in restaurants have to be separate and have different ventilation than the nonsmoking areas.
Northam said that while the measure would prohibit restaurants from allowing smoking during private functions, it still would exempt private clubs from the ban.
The compromise legislation under consideration also would allow smoking on the patio areas of restaurants, as long as the flaps of any enclosed patio area were raised. Employees of restaurants that have smoking areas would have the right to refuse to work in the smoking room of a restaurant without fear of reprisal from their employers.
"The agreement we've all come up with is what 75 percent of Virginians have asked us to do," said Northam, a physician who specializes in pediatric neurology.
"It's positive movement in the right direction."
Lawmakers on both sides said the final bill, if passed, would take effect Dec. 1.
"It's my sense there will be support in both chambers of full passage of a smoking ban that resembles" the Kaine-Howell agreement, said Del. S. Chris Jones, R-Suffolk, chairman of the House General Laws Committee that advanced the smoking ban to the House floor.
Once it emerges from negotiations, however, the ban is far from a done deal in the House.
"It would work best if it dies," said Del. R. Lee Ware Jr., R-Powhatan. Ware said the legislation "forecloses choices" of patrons and restaurant owners.
"The ordinary guy who finishes a day of work . . . who would like to have a beer and a cigarette, ought to have that option."
Contact Jim Nolan at (804) 649-6061 or
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Contact Olympia Meola at (804) 649-6812 or .
Staff writer Jeff E. Schapiro contributed to this report.
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Reader Reactions
Fed-up, I keep seeing you make ridiculous comments in every article on RTD about this smoking legislation. Could you please write up your manifesto and post it so the rest of us can follow it. You are so wise and knowledgeable…could you confer with the messiah and let us know what we can and can not do on private/public property. I await your holy guidance, oh-enlightened one!
BMW, my point was to be concerned about the health of restaurant goers is a false pretense…if smoking is truly a health concern then we would ban it completely.
I don’t support SCHIP or expanding public schools. But lets force politicians be truthful about their motivations.
I always forget that the children will be affected. I’m so tired of hearing as soon as someone starts to lose an argument, but what about the children? What can we do with children? Well when the children start paying the taxes that keeps this state going then they can get a vote. Till then let parents raise there children and let the government get on with doing their business has any one noticed the state of the economy.
I think we need to think of this in terms of freedoms not annoyances. Smoking is legal, but we can only do it in certain areas. Carrying a gun is legal, but only in certain places. What next? Prayer is already headed down this slippery slope. Then it will be wearing perfume or cologne. And then surely the fashion police won’t be long in coming.
If you don’t like smoking in restaurants, partonize one of many of the many that has chosen to become smoke-free of their own accord. This is the way free enterprise and capitalism work. For example, I don’t like to watch TV when out to eat, so I go to restaurants where there are not TV’s, and when we dine out as a family we avoid places with loud music. See how choice works? Exercise your freedoms, vote with your dollars and soon more and more restaurants and other venues will see that non-smokers are choosing smoke free places and they too will become smoke free.
If smoking is so egregious and so dangerous then we should ban it outright. Or at least more concerned with children who live in homes where parents smoke. And even if the ban passes good luck finding a restaurant where at least half the workers handling your food don’t smoke!
When you make something forbidden, it makes it that much more desirable.
Also, you never “own” your property. You pay taxes, upkeep, insurance, etc. The things you own end up owning you. You are not your khakis.
worker bees can leave.
even drones can fly away.
the queen is their slave.
I figure if we’re going to have the SAME ARGUMENT EVERY TIME RTD PUBLISHES SOMETHING ABOUT THE SMOKING BAN, I might as well put something as ridiculous as some of these statements.
Proponents of public smoking will lose. Second hand smoke is assault. Get it out of the restaurants and BACK IT OFF FROM PUBLIC DOORWAYS!
Big public tobacco fires are passe and dangerous. Someone wants to smoke or eat the legal tobacco leaf are welcome to continue to do so where the consumption doesn’t harm anyone else.
There are many tobacco smoke proponents who will misrepresent this as a personal freedom issue. They are wrong and it is about time the lawmakers side with the assaultees rather than the assaulters.
At the risk of petty personal attack here is my smoking cred: I am a smoker who has not indulged first-hand for 15 months. I always mostly smoked “politely” and put off quitting because it was inconvenient for me and frankly difficult. Only after two full months off the joy sticks did I realize how persistent tobacco smoke cling really is. There is no venting a smoking room! Anyone who has ever smoked in the “smoking ROOM” at airports knows this to be true. A non smoker can detect the presence of the smoking practice days after the butt was stubbed out. Only recently have we learned how toxic that bad smell is—it’s not like a bad odor: it is poisonous chemicals.
For public health BAN PUBLIC TOBACCO SMOKE EXHALING! Do something now because employees and children are suffering.
AG: “All this talk of freedom… where is my freedom to enjoy a drink without being subject to the dangers of smoking.“
Your freedom is the choice to not patron these establishments. Trust me, you aren’t missed. There are several non-smoking restaurants that are thriving by choice.
Now you wish to limit the freedom of the restaurant owner to choose to allow smoking.
I too am against smoking, but am far more interested in retaining the rights of private property owners.
A simple alternative - offer a tax incentive to these owners to voluntarily ban smoking.
Smoking in our restaurants costs the state revenue. People visiting from the MAJORITY of states with smoking bans despise our public eateries.
People citing privacy, etc. are certainly unlearned on the functions of a society. The legislature can tell you what to do and not to do. PERIOD. I think smokers should just be happy the Federal government doesn’t outlaw the substance entirely. And believe me ... they CAN!
Get over yourselves and take your nasty habits into the confines of your “private” bars. This is not something the majority of Americans want in their food, drinks, lungs, or to pay for your cancer treatments with their tax dollars any longer.
Fine with me, I don’t smoke and don’t want to be around people who do. Nothing like going to a restaurant, taking a bite of food and getting a side of second-hand smoke with that. Smokers are like “Pig Pen” from Charlie Brown, a cloud of stench follows them everywhere. Brown teeth too. Nasty.
The majority of people don’t smoke and don’t want to smell smoke, breath smoke, or be forced to smoke cigarettes in a second hand manner. As a Democracy we should allow the majority to rule in this case.
Also, you can still smoke..just outside or in an enclosed room with it’s own ventilation. The National follows this model now and I haven’t heard a single person complain. Business is also very strong at this establishment.
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