Lawmakers douse all bills that ban smoking in public

RICHMOND, The Virginian-Pilot -- The proposed statewide ban on smoking in many public places, including restaurants, all but died Thursday night when a House subcommittee quickly spiked several smoking bills after an hour of emotional testimony from people on both sides of the issue.

The vote means it's unlikely the Republican-controlled House will entertain the Senate's smoking ban bill, which passed Wednesday. Democrats control the Senate. A statewide smoking ban in restaurants is also a top priority of Gov. Timothy M. Kaine, a Democrat.

The subcommittee of the General Laws Committee also squashed bills to give localities the right to impose their own smoking bans, a blow to cities including Virginia Beach and Norfolk that pushed for the power.

The unanimous action disappointed advocates who said secondhand smoke is dangerous and pleased those who saw the proposed ban as government intrusion into private affairs.

"This gives you some idea how much control lobbyists have," said Del. Algie Howell Jr., D-Norfolk, who sponsored one of the ban bills. "It's unbelievable that a handful of people will decide what's in the best interest of the people of Virginia."

Randy Estenson, owner of Poppa's Pub in Virginia Beach, who said 80 percent of his customers smoke, praised the ruling.

"I'm very happy," he said. "I honestly believe businesses are doing what they need to do on their own."

Delegates who voted against the measure took a similar position.

"It's not up to the government to tell people what to do," said Del. Thomas Gear, R-Hampton, chairman of the General Laws ABC/Gaming subcommittee.

Gear said many of his favorite restaurants in Hampton have decided to ban smoking on their own.

Del. John Cosgrove, R-Chesapeake, who is the only South Hampton Roads lawmaker on the subcommittee, also voted against the bills. Del. Terrie Suit, R-Virginia Beach, who leads the full General Laws Committee, spoke against them.

"The issue has been elevated to the level that so many restaurants have gone smoke free, so it's not longer necessary for the government to do it," Suit said.

Virginia Smoking Ban Opposed By Some

Staunton's Depot Grille went to a smoke-free environment 18 months ago, and Manager Erin Smith said the response has been positive.

"A lot of customers wanted it," Smith said Monday.

The restaurant had previously only allowed smoking at its bar.

Gov. Timothy M. Kaine renewed his legislative request Monday for a statewide ban on smoking in Virginia restaurants, including public and private clubs.

The ban would include any area of public or private clubs where food is available and includes the restaurant areas where the food is prepared, served or consumed. The ban would be indoors only.

Kaine, whose proposal was defeated in the General Assembly a year ago, said the health risks associated with secondhand smoke offer convincing evidence for the ban.

"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 said.

The Virginia Department of Health estimates that 1,700 deaths a year are caused by secondhand smoke in the commonwealth.

The Campaign for Tobacco Free Kids says Virginia spends $124.9 million a year on health-care expenditures related to secondhand smoke exposure.

Smith said the Depot's smoke-free environment attracted employees who wanted to get away from cigarette smoke.

Another Staunton restaurant owner, Jennifer Lynch of the Baja Bean, said operating a bar without smoking would be tricky.

She said such a prohibition could lead to smokers cutting back on cigarette consumption. But it could also affect bar business at her restaurant.

"A lot of people who smoke do so when they drink," she said. Lynch said many of her employees are smokers.

Area legislators don't favor the Kaine bill.

Del. Chris Saxman, R-Staunton, said he prefers a smoke-free environment in a restaurant, but does not think all restaurants should have a smoking ban.

"I don't support a ban on every place. I'm a bigger fan of someone's liberty to smoke," he said.

Saxman said it is a case of government going too far.

"If I don't like something on TV, I don't watch it. I rent the movies and watch the movies I want to," he said.

Both Saxman and Del. Steve Landes said they voted against the legislation a year ago and will do so again.

Landes, R-Weyers Cave, said while many restaurants are voluntarily elminating smoking, they should have the option to allow it.

"If a business wants to cater to smokers, shouldn't they be able to do it?" Landes said.

Gordon Hickey, Kaine's press secretary, said the restaurant industry is already heavily regulated.

And he said none of the 25 states that have already insituted a similar ban on restaurant smoking has repealed it.

"It [smoking ban] has been done quite a lot around the country and no one has regretted or repealed it," he said.