Va. General Assembly passes restaurant, bar smoking ban
By: William C. Flook
Examiner Staff Writer
February 20, 2009
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A broad ban on smoking in restaurants and bars passed both houses of Virginia’s legislature Thursday, giving final approval to an unprecedented restriction in a once reliably pro-tobacco state.
Virginia joins nearly half the states in the United States that have passed similar laws. The measure, which goes into effect Dec. 1, almost certainly will be seen as the most significant piece of non-budget legislation to pass the General Assembly this year. It also will rank as one of the chief policy victories of Gov. Tim Kaine’s term.
The ban allows lighting up only in closed off, separately ventilated areas or in private clubs. However, establishments or patrons flouting the law would incur only a fine of $25.
Details of the ban
» Allows smoking only in private clubs or in restaurant rooms that are enclosed and separately ventilated.
» Prevents restaurant and bar employees from being required to work in smoking areas.
» Gives local health departments enforcement powers.
» Goes into effect Dec. 1.
» Fine is $25gainst teams with losing records.
“One of the weaknesses of the bill is the enforcement side,” said Del. Dave Englin, D-Alexandria, one of the ban’s staunchest advocates in the General Assembly. “But the truth is I think most establishments will obey the law.”
A nucleus of Republicans and tobacco interests remained opposed to the restrictions, which they denounce as an infringement on free enterprise. Bill Phelps, spokesman for Richmond-based Altria Group, the parent company of cigarette manufacturer Phillip Morris, said the ban “just doesn’t make sense.”
“It’s important to remember that every restaurant in Virginia currently has the right to restrict smoking on its own many have done that,” he said.
Polls, however, show broad support among Virginians for a ban on lighting up in bars and restaurants.
The ban cleared the Senate on a 27-13 vote, and the House on a vote of 60-39.
“The popular sentiment on this is moving strongly in the direction indicated by the margin of passage today,” Kaine told reporters.
The bill originated with a compromise between Kaine and House Speaker William Howell, R-Stafford, who had blocked such restrictions in earlier sessions. It survived attempts by dissident House Republicans to tag on additional caveats that would have significantly weakened the bill.
The latest version that emerged from talks between a small group of legislators from each house adds new provisions, preventing employees of the restaurants from being required to work in smoking areas and giving local health departments enforcement powers.
Kaine, whose term ends early next year, said he would sign the ban “quite promptly.”
