Gov. Tim Kaine’s attempt to ban smoking in all Virginia restaurants would actually douse burning cigarettes in many more places throughout the commonwealth, a top Republican lawmaker said Thursday.
Earlier this week, Kaine proposed the amendments to a bill sponsored by House Majority Leader Morgan Griffith, R-Salem. The measure, in the form that the General Assembly approved it, would have repealed the state law requiring restaurants to have a no-smoking section. Establishments would instead have to post a smoking-permitted sign at their entrances if they wanted to allow smoking. Griffith believes that most customers will want a smoke-free environment, which will lead most restaurants to prohibit smoking under his original bill.
Based on legal technicalities, Griffith said, Kaine’s amendments invoke a section of the law that the state code says applies to any “place where food is prepared for service to the public on or off the premises, or any place where food is served.”
“Because of the way the administration crafted the amendments, smoking would be prohibited virtually everywhere food is available except for private residences,” said Griffith, an attorney. “That means that smoking would be prohibited at street festivals, county fairs, catered weddings even when held outdoors, sporting events, hotels that have room service, and on sidewalks near street vendors.”
Kaine spokesman Kevin Hall said the governor did not intentionally propose a sweeping smoking prohibition. The governor has repeatedly said he does not favor a blanket indoor smoking ban across Virginia, but does back efforts targeted at restaurants.
“Obviously, there still would need to be some interpretation required, but the governor’s intent is to ban smoking in enclosed spaces where people congregate to dine,” Hall said. “We are not attempting to reach as broadly as to cover food carts on a public street.”
Julia Ciarlo Hammond, a lobbyist for the Virginia Hospitality and Travel Association, agreed with Griffith that the amendments would extend the prohibition much further than any of the bills that the legislature considered this year.
“This is much more far-reaching than anyone anticipated,” she said.
The General Assembly will meet Wednesday to consider Kaine’s amendments. A majority of legislators in each chamber has to approve the governor’s proposal for the changes to take effect.
