Springfield Civic Association Letter, April 2009

Tobacco has played – and continues to play – a significant role in Virginia’s economy. In that context it’s all the more surprising that the just-concluded General Assembly passed a statewide ban on indoor smoking. The bill had the strong bi-partisan backing of Governor Kaine and House Speaker Howell. Most news coverage focused only on smoking in restaurants. However, in fact, the smoking ban – which takes effect this December – also covers many other enclosed public areas: elevators, indoor cashier or service lines, public schools and school buses, any licensed child center not in a private home, hospital emergency rooms and restrooms, public health departments and any restroom in a health care facility, and public restrooms in any building occupied by a state agency. Anyone who continues to smoke after having been asked to refrain may be fined $25. The restaurant smoking ban actually goes further than other states because Virginia does not exempt bars. However, there are two other exceptions: (1) Private clubs – such as the American Legion and VFW – may allow smoking. (2) Public restaurants can provide smoking areas that are totally separate from the restaurant’s ventilation either in an open outdoor area or in a physically independent building. In addition, to a total ban on smoking in the enclosed spaces I’ve mentioned, the new Virginia law will require reasonable no-smoking areas in public colleges and all private schools, in healthcare or recreational facilities, and in retail stores larger than 15,000 square feet. Private employers who have not already established no-smoking policies, however, can only do so with the support of a majority of their employees. Even though a majority of House members voted for a number of amendments to significantly weaken the bill, in the final version the Senate, the Speaker, and the Governor prevailed. Arguments against the ban focused on smoker and restaurant owner rights. I joined proponents in pointing out that regulating restaurants to protect public health is well-accepted. Both sides used the fact that 68% of Virginia restaurants are already smoke free. Opponents believe this means a law is un-necessary while those supporting the bill believe the law should reflect public concern about second-hand smoke. Polls indicate 75% of Virginians favor bans. The House floor debate went on at length. When it finally ended, I mused that, when I first came to the Virginia legislature, by this time the chamber’s ceiling would have been lost in a smoky haze. We’ve come a long way.

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