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Wednesday, August 30, 2006

Smoking debate may reignite

The governor said he could support a measure that bans smoking in certain public places but not everywhere.

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roanoke.com/politics

RICHMOND -- Gov. Tim Kaine said Tuesday that he is willing to consider a state ban on smoking in restaurants, but not a broader prohibition that would apply to most indoor workplaces.

The governor's comments likely won't help ongoing efforts to pass legislation that would ban smoking in most places open to the public. The state Senate passed such a bill earlier this year before a House of Delegates subcommittee killed it. The bill's sponsor, Sen. Brandon Bell, R-Roanoke County, plans to introduce a similar measure in the 2007 General Assembly session.

During a radio call-in show Tuesday, Kaine said a blanket ban on smoking in public places, including small businesses, "is too much of a reach for government."

"I accept that smoking is dangerous, but I just feel like there's a question of how far the government should reach in telling the owners of private property, 'Hey, you can't allow smoking on your premises,' " Kaine said on Washington Post Radio. "Tailored solutions to places that are primarily public places like bars and restaurants would be one thing. But when you reach beyond that to any place where the public is allowed, I just think that's just too far."

Kaine, who responded to two callers about the issue, said he could support a narrowly tailored measure aimed at stopping smoking in more crowded public settings such as restaurants. He also said he is "actively considering" imposing a smoking ban in state government buildings.

"Places like restaurants and bars, I think you could craft something that would be focused on them, and I would be willing to work with folks to do that in a reasonable way," Kaine said. "But a blanket prescription is something that I feel ... would be too broad of a reach."

Bell this year sponsored legislation that would have banned smoking in public places such as restaurants, bowling alleys, stadiums and most workplaces. A coalition of organizations that include the American Lung Association, the American Cancer Society and the American Heart Association worked to rally support for the measure. The Senate narrowly approved the bill, but a House General Laws subcommittee voted unanimously to defeat it.

Bell plans to revive the legislation next year. He characterized Kaine's apparent support for a smoking ban in restaurants as a step in the right direction, saying he hopes to "keep a dialogue" going on the issue.

But Bell said he still believes a broader ban is needed to protect workers from secondhand smoke. Fourteen states have workplace smoking bans that also apply to restaurants and bars.

"My hope is that he [Kaine] doesn't see this from a nuisance standpoint," said Bell, noting that he has not discussed the issue with the governor. "There are people who are exposed to secondhand smoke who have no choice."

Bell and other advocates said a recent U.S. Surgeon General's report underscores the need for a smoking ban in most workplaces. The June report concluded that there is no risk-free exposure to secondhand smoke.

"We would encourage the governor to protect the health of all Virginians and all workers because we feel all Virginians have a right to breathe clean air," said Terry Hargrove, a spokeswoman for the American Lung Association of Virginia.

Advocates for the smoking ban plan to mount a public campaign to build support for legislation prior to the next General Assembly session. Bell said he is still working on the bill's details. And, he added, he realizes he faces a big obstacle before he could get the measure to the governor's desk.

"My main thrust next year is just to encourage the House to have a full consideration of the bill," Bell said.

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