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Kaine will try for smoking ban again

By Olympia Meola

Published: January 6, 2009

State lawmakers are taking another crack at banning smoking in restaurants, hoping this year's General Assembly will be friendlier than in the past.

In Arlington County today, Gov. Timothy M. Kaine is expected to propose a statewide restaurant smoking ban as part of his 2009 legislative agenda.

Yesterday, Del. David L. Englin, D-Alexandria, filed legislation that would prohibit smoking in all indoor restaurants and bar and lounge areas. A violation would carry a $25 civil penalty.

"Especially in today's economy, it is wrong to force restaurant workers to choose between their jobs or breathing cancer-causing secondhand smoke," Englin said.

Efforts to curtail smoking are becoming a perennial issue at the assembly, though the attempts repeatedly have been rebuffed by some members of the House of Delegates. This will be at least the third year in which Kaine has sought restrictions.

Advocates say it's a public health issue the government needs to address. Some restaurant industry representatives say businesses know what's best for them. They say that if customers don't want to frequent restaurants that allow smoking, that will force the eateries to change their policies.

Kaine will seek smoking restrictions as he urges lawmakers to double the cigarette tax to 60 cents per pack.

Among the factors giving Englin hope for this upcoming session is that the House General Laws Committee, where smoking bills have perished, will have a new chairman. Del. S. Chris Jones, R-Suffolk, the incoming committee chairman, could not be reached for comment.

Gordon Hickey, spokesman for Kaine, said the governor will address a piece of his legislative agenda this afternoon but would not confirm specifics.

Other lawmakers are expected to introduce smoking-ban legislation, Englin said, including attempts at regional bans. It's important to many Northern Virginians, he said, because of its proximity to Washington, which prohibits smoking in restaurants.

"What we don't want is to become the region's ashtray," he said.
Contact Olympia Meola at (804) 649-6812 or .

Reader Reactions

Posted by ( Anne Prevost ) on January 07, 2009 at 12:21 am

Obviously there are some smokers on here and btw! just because a person doesn’t smoke, that does not mean that we are fat or eat french fries & junk food. Quite the opposite! we strive to be healthy and keep our families healthy-

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Posted by ( Larry Lanberg ) on January 06, 2009 at 6:29 pm

Dear Deb, I’d have to assume then that these restaurant employees—who don’t want to be around smoke—also don’t freely attend parties where their buddies are lightin’ up left & right. Tobacco and other things. I believe the large lot of ‘em do make that choice on weekend nights. But those inconsiderate people smoking in restaurants—THEY are the problem to complain about.

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Posted by ( Deb ) on January 06, 2009 at 6:22 pm

Patricia,

It is true that one does not HAVE to eat in a restaurant but many HAVE to work in them and they shouldn’t have to be subjected to harmful fumes just to earn a living. Those that choose to eat in a restaurant shouldn’t have to choose between eating out and their health.

The majority of the population does not smoke. Let the General Assembly put this issue on an open ballot and let the voice of the nonsmoking majority be heard.

We have been in many smoky restaurants and when asked about banning smoke, the response we usually get is that they would like to be able to but don’t want to be the only ones doing it. They feel that it would affect their business. They told us that they would be happy with a total ban because then it wouldn’t put them at a disadvantage.

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Posted by ( patricia ) on January 06, 2009 at 5:16 pm

Deb, by the very same logic, non-smokers can opt to NOT smoke in the privacy of their own home. No one HAS to eat at a restaurant! We’re not talking about hospitals, schools, workplaces, or elevators. I totally agree with banning smoking in those venues. But restaurants are supposed to be a luxury item. Could you please prove to us that the “majority of the population” is in favor of a smoking ban in Virginia? The “small but vocal majority” (another unsubstantiated claim) also pays taxes and has the right to enjoy a meal in any restaurant it pleases. You have a better chance of getting harmed in a car accident on Virginia roads than you do dying of lung cancer caused by secondhand smoke. The french fries on your plate are probably killing you faster than the secondhand smoke. The emissions from your car are contributing to catastrophic climate change. Let’s channel this energy into making our roads safer, our schools better, our economy healthier, our environment cleaner.

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Posted by ( Deb ) on January 06, 2009 at 4:54 pm

Virginia should institute a statewide smoking ban in public restaurants and bars. Those places that currently have no smoking sections are kidding themselves. When you sit in those nonsmoking sections, the smoke is almost always pervasive. It feels as if you are in the smoking section anyway.

This is a health issue, not one about individual freedom. Smokers have the right to smoke in their own homes but do not have the right to impose their unhealthy addictions on others. If secondhand smoke did not have harmful effects, then it wouldn’t matter. But, smoke does have very harmful effects on anyone that breathes it in.

All Virginians should have the right to enjoy a meal in any restaurant, not just the smoke free ones.

Smoking bans have been enacted in other parts of the country and have been very successful. I’m tired of our politicians not acting because of big brother tobacco and the small but vocal minority that wish to continue to expose everyone to toxic fumes. It’s time our government listens to the majority of the population and enacts this ban!

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Posted by ( jr55 ) on January 06, 2009 at 4:08 pm

I think the restaurants, businesses, etc in the Richmond area have made enough concessions under our illustrious General Assembly laws and recommendations. If you smoke, patronize a smoking allowed facility; if you don’t smoke, stay away from those. Most all of your top-chain restaurants now have smoking and non-smoking sections with glass partitions separating each. I think what our Governor and General Assembly need to address is the use of cellphones while driving. This country has become obsessed with these freaking machines and it’s now showing on our highways, in shopping centers, etc. The time has come to get back to the basics - you drive to work both hands on the wheel; you shop with both hands on the basket and you put your makeup on, drink your coffee and read the newspaper BEFORE you leave the house!!! The other evening we were out at an area restaurant and I counted 37 people on their cellphones while they were seated and eating. Absurd!!! You’d think people would want to enjoy their meal in piece away from the phones. I don’t get it….Just my opinion, but it’s gotten way out of control.

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Posted by ( patricia ) on January 06, 2009 at 12:35 pm

I find it absurd that non-smokers can’t find smokefree options. It seems that a growing number of previously smoker-friendly restaurants now don’t allow smoking until a certain post-dinner hour, have a truly distinct non-smoking section, or have gone smokefree altogether. This type of self-selection seems to be working; everyone has plenty of options and we can all support our restaurant industry. Do we really want, in these times of economic uncertainty, to spend legislative time and effort on taking away people’s rights rather than granting them? Can’t we let businesses decide for themselves based on individual customer feedback? With Kaine’s cigarette tax increase, Virginians should be MORE accommodating to smokers; they may well end up funding Northern Virginia’s transportation fix.

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Posted by ( ScottLee ) on January 06, 2009 at 11:11 am

FRANT52!!
No wonder Obama is our President!

You obviously don’t understand FREEDOM! Freedom doesn’t mean that you have a right to walk into any private company and demand the environment meet your standards!

Workers can find new jobs! You can eat in smoke free resturants, like you said you do! And IF you do, then why do you care about other resturants that allow smoking!
If banning smoking increased business, then every resturant would do it on their OWN! Your comments indicate, like many holding your view, that Government is smarter than the private sector!

Practice your freedom by only going to smoke-free resturants and stop “imposing your beliefs” on others! Oh yeah, and stay out of the voting booth until you read some of the Federalist Papers!
Puke!

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Posted by ( Dave ) on January 06, 2009 at 10:14 am

I’m confused. On the one hand, Kaine says he wants to double the tax on tobacco to help balance the budget, but on the other hand he wants to limit smoking. Actually, I’m not confused. Kaine wants to stop smoking, period but he tries to pass it off as a revenue generator. I don’t like people who lie to me about their motives. Can we put a prohibitive tax on them to balance the budget too?

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