Saturday, March 31, 2007
Editorial: Clear the air
From the RoundTable blog
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Opponents of a smoking ban for Virginia restaurants are making a last-gasp effort to thwart it by blowing a lot of smoke.
Gov. Tim Kaine has proposed the ban in the form of an amendment to a bill sponsored by House Majority Leader Morgan Griffith. The bill would require restaurants that allow smoking to post signs at the front door.
That's it. They wouldn't even have to set aside a nonsmoking area, as many restaurants must under current law.
In terms of public health, the General Assembly did worse than nothing by passing the bill. Kaine could have vetoed it, but instead he took something bad and made something good of it. He amended the bill to ban smoking in restaurants.
Now Griffith and other foes argue that lawmakers should reject the amendment because it would apply in all sorts of places the governor never intended. Why, a groom might not be able to smoke a cigar at his own wedding reception, they suggest. Sidewalk pushcarts might be expected to enforce a smoking ban around them.
Ridiculous.
Even under the definition of a restaurant they cite, the law applies to places where food is prepared, not where it is served. So, as Kaine spokesman Kevin Hall noted, "Unless you climb into a hot dog cart, I think you are going to be OK."
Griffith, who is a lawyer, said he conferred with other lawyers, and they maintain there is room for argument. Lawyers determined to pick a fight can always make an argument. It doesn't always make sense.
At next week's veto session, lawmakers should act in a way that does, and accept the smoking ban.
