Tuesday, January 08, 2008
Kaine revives ban on smoking
Morgan Griffith, the House majority leader, said the real challenge lies in drafting a bill.
Related
roanoke.com/politics
Related
Message board
RICHMOND -- Gov. Tim Kaine called for a statewide ban on smoking in restaurants Monday, saying Virginia must protect workers and diners from the perils of secondhand smoke.
Kaine's proposal continues a debate that has grown in intensity over the past two years, but this is the first time the governor has taken the lead on the issue. Kaine made his latest pitch for a smoking ban just two days before the General Assembly begins its 2008 session.
"The scientific evidence about the health risks associated with exposure to secondhand smoke is clear and convincing," Kaine said in a prepared statement. "Recognizing the negative health effects and high public costs of secondhand smoke, Virginia must act to protect the workers and consumers in its restaurants."
Kaine announced his proposal at Hot Tuna Bar & Grill, a smoke-free restaurant in Virginia Beach. The restaurant's co-owner supports a smoking ban, and some Hampton Roads localities are seeking legislative approval to impose their own smoking restrictions.
Virginia has a rich tobacco heritage, but support for indoor smoking restrictions has increased in recent years because of health concerns associated with secondhand smoke. The issue has generated heated debate in each of the past two legislative sessions.
The Senate passed a broad indoor smoking ban in 2006, but a House of Delegates subcommittee killed the bill. The bill's sponsor, Sen. Brandon Bell, R-Roanoke County, was defeated in a primary last year by Sen.-elect Ralph Smith, R-Botetourt County.
Kaine made an eleventh-hour push for a restaurant smoking ban last year by rewriting a House bill sponsored by Del. Morgan Griffith, R-Salem. The House rejected Kaine's proposal, with opponents arguing that it would have applied to venues such as hot dog stands and catered receptions that fall under the state's definition of a restaurant.
Kaine's new proposal would narrow the definition of a restaurant so that smoking would be prohibited in dining establishments, including public and private clubs where food is prepared, served or eaten. Exterior dining areas and catered events would be exempt from the smoking ban, according to the governor's office. Violators could face civil penalties.
Kaine still faces a challenge winning legislative support.
"The real issue is going to be how it's drafted," said Griffith, the House majority leader.
Griffith sponsored a bill last year that would have eliminated requirements for restaurants to have nonsmoking sections and prevented them from allowing smoking unless they posted "smoking permitted" signs at every entrance. Kaine vetoed the bill after the House rejected his changes.
Antismoking advocates applauded Kaine's proposal while holding out hope that lawmakers will support a comprehensive indoor smoking ban. Del. Phil Hamilton, R-Newport News, has introduced legislation to ban smoking in most indoor public places.
"We are still advocating for legislation that will protect all Virginia workers," said Cathleen Smith Grzesiek, the state director of public advocacy for the American Heart Association.
Tom Lisk, a lobbyist for the Virginia Hospitality and Travel Association, said the state should not single out restaurants if secondhand smoke is a public health concern. Lisk said about two-thirds of the association's members, including those that voluntarily ban smoking, oppose a restaurant-only prohibition.
Bruce Morrow, owner of the Community Inn Restaurant in Roanoke, said the law should not be changed.
"I think I'd leave the darn thing alone," he said. "Let the people make up their own minds. Don't force it down somebody's throat."
But Nikki Henry, general manager at Awful Arthur's Seafood Company in downtown Roanoke, said she would not object to a smoking ban "as long as it's even across the board."
"As long as we're in the same boat as all the other restaurants in the valley, we're happy," she said.
Asked whether she feels employees of the restaurant are bothered by the smoke, Henry said: "The folks we have here, they're used to it, especially in a place like ours where the bar is so close. They know when they walk in and apply for the job what they're getting into. Customer-wise, there are a lot of people that would like to see them [restaurants] nonsmoking."
Staff writer Christina Rogers contributed to this report.





