[Virginia GASP]   2008 Legislative history


VIRGINIA INDOOR CLEAN AIR ACT

This page updated July 24, 2008

The Current Virginia Indoor Clean Air Act passed in 1990.

Letters to the Editor, excerpts of Editorials as well as of news articles are given elsewhere in this web site.

OVERVIEW:  2008 Legislation was blocked by chief dictator Speaker of the House William Howell and willing servant Chairwoman Terrie Suit and their six  little dictators in the subcommittee:  Thomas Gear, David Albo, Thomas Wright, John Cosgrove, Watkins Abbitt, Danny Bowling.  All of these are Republicans, except for Bowling, who told the press he received "orders" from the Republican leadership to fall in line or else.   There were 12 no-smoking bills (8 in the House, 4 in the Senate) -- sponsored both by Republicans and Democrats, and with wide bi-partisan support in the Virginia Senate.

However, the full General Laws Committee has several Democrats and Republicans on the committee who have SAID they support no-smoking legislation.  Only ONE of them actively worked to try to have the no-smoking legislation brought to a vote by the full committee.  The rest refused to put themselves on record. 

The thanks of everyone who likes to breathe go to a very courageous Albert Eisenberg (D-Arlington).

Some discussion has been going on about future legislation allowing smoking in bars and restaurants after 10:00 pm.  SURPRISE -- particulate matter, cancer causing toxins, gases don't go away-- waiting for everyone the next day -- and the employee wait staff and cleaning staff on the late shift are hurt as well as customers. 

Are we serious about making a safe environment for employees and the general public or not?
    See the letter Virginia GASP sent to Governor Kaine.

The reason that all 12 no-smoking bills were defeated is that Speaker of the House William Howell assigned the bills to a committee headed by Delegate Terrie Suit, who assigned them all to a subcommittee knowing the bills would be killed there.
  
A List of More Items including a link to Excerpts of news articles is given further down this page.

The 4 Senate No-Smoking bills were DEFEATED unanimously 2/14/08 (Lay it on the table) by
the arrogance of the 6 member House subcommittee: 
Thomas Gear, David Albo, Thomas Wright, John Cosgrove, Watkins Abbitt, Danny Bowling.
The same 6 dictators had already DEFEATED 8 House no-smoking bills the week before.
Terrie Suit was there to see they did her hatchet work.

Report on the February 14, 2008 subcommittee
This report is filed by Anne Morrow Donley, co-founder of Virginia GASP.
    It is followed by an "Additional Note" detailing a conversation between Donley and Suit.
Three members of the full committee came to sit in on the meeting, but they are not on the subcommittee, and therefore could not vote:
Delegates Albert Eisenberg and David Bulova -- presumably in favor of the no-smoking bills,
and chairman Delegate Terrie Suit loudly and adamantly opposed to the no-smoking bills.

The subcommittee ABC/Gaming of General Laws, met at 3:10 pm, Feb. 14, 2008. 
Before the meeting began, two tobacco lobbyists (one lobbies for Philip Morris) came in and spoke to Delegate Gear.

The gist of the meeting
was that the 6 dictators' minds were made up to oppose the bills.  Zero compassion was shown for the people suffering and dying from secondhand smoke, including the people testifying about what it had done to them and to family members, including severe respiratory illness and breast cancer. 

Delegates Albo and Gear, who did all of the talking from the subcommittee, showed apparent pretended amazement that there were studies revealing that secondhand smoke is a problem for many people.  It was a perfect example of politics before people, a total and complete sham from the 6 subcommittee members and Terrie Suit who chairs the entire committee.

Delegate Suit, who is not on the committee and who testified the week before against the 8 House bills, sat in on this subcommittee meeting on the Senate bills.

Gear said he supported the idea of everything being no-smoking, but that businesses should do it themselves.  Albo said he had trouble telling a business owner what to do, and repeatedly asked what studies were referred to, and where he could find the information.

At the end of the meeting Albo said that Suit was having a study this summer to see how to change the code to differentiate between a bar and a restaurant so that would make it easier to have laws on either one. 
[Web editor's note:  They of course skipped over the fact that most restaurants have bars, therefore to require the restaurant to be no-smoking, but allow the bar to be smoking, would mean the entire place would still be smoky.]

A Fuller Report of the meeting:
Senator Blevins presented his bill, SB 347, which would allow the localities in the Hampton Roads area to make their own ordinances to ban smoking in restaurants.  [This bill passed the full Senate 28-10.]

Senator Ralph Northam in presenting SB 501, carried with Senator Mame Locke, for the Governor [had passed the Senate 28-10], the bill would make restaurants and bars no-smoking, noted he is a pediatric neurosurgeon, and spoke of the horrors he had witnessed from secondhand smoking -- babies who died of SIDS, children with allergies from the smoking in the home, and other serioius illnesses.  "There are 1,000 people who would love to have come here to tell you the damage secondhand smoke has done to their lives, but they cannot be here -- not because of inclement weather, not because of the distance, but because they have died.  We lose 1,000 people each year (US Centers for Disease Control and Prevention) in Virginia from secondhand smoke."

75% of Virginians, he said, want to ban smoking in public facilities.

Northam said that he knew many felt that the less government the better, but, he noted, you have only to go out to Broad Street to see why we need some laws, such as speed limits.  In restaurants, the regulations tell food preparers that they must wash their hands after using the restroom because of a variety of germs.  In secondhand smoke you have hundreds of poisons, toxins, and at least 50 of them are cancer-causing.

Northam said, "We were sent here to Richmond to represent our constituents.  I ask all of you to join me in doing what our constituents want."

Delegate Albo asked about the studies; then wanted to know why parents would take a child to a smoky restaurant.  Senator Northam said that many parents don't know about the dangers of secondhand smoke, and there is not always a choice of where to go for a restaurant.

Senator Mary Margaret Whipple spoke for her SB 298 [passed the full Senate 23-15] that would make most workplaces no-smoking.  She said Senator Northam had presented the reasons well, that her bill would impact many workplaces, not just restaurants and bars, and that secondhand smoke is a problem in many workplaces causing illness and death.  This is a public health issue.

Senator Frederick Quayle presented his SB 202 [passed the full Senate 29-9] that would allow localities to pass restaurant ordinances stronger than provisions in state law.  He said this was necessary, and his constituents had asked him to carry this bill.

Delegate Gear said he would allow 15 minutes for each side to state its case.

The gist from all but one of the proponents was that this is a public health issue for employees and customers, government is there to provide protections for the public health, and secondhand smoke is a danger immediately and long-term.  The last one in line as a proponent was actually an opponent, David Bailey, actually spoke against the necessity for the bills.

The gist from the opponents -- the hospitality industry, the Virginia Retail Merchants Association, and the Cigar Association of Virginia -- was that state comprehensive laws are not needed, local laws will only make a patchwork of laws and not be universal in agreement like a state law would be, and we don't like it.  The Cigar Association neglected to mention that they are trying to set up tons of cigar bars.  And they did not mention the employees once.

Those speaking for the Senate no-smoking bills:
Anne Morrow Donley, co-founder Virginia Group to Alleviate Smoking in Public, spoke,
noting that Delegate Albo had inquired about the study showing 1,000 persons had died in Virginia -- "That is from the US Centers for Disease Control and Prevention.  You asked about studies, and I sent to each of you via e-mail a recent study about a young woman who needed a job, and she worked in a restaurant and bar.  She needed that job.  She came on duty, said hello to the DJ, and went to begin her work.  But before she could, she suddenly grabbed the arm of the on duty manager saying, I have to go to the hospital.  I don't have my inhaler.  She was an asthmatic.  Before the emergency team could reach her, she was dead.  Not all reactions are that severe, but secondhand smoke does cause illness and death.  There is a study I have here, which is from Italy and verifies what American studies have shown, that the number of heart attacks and strokes go down once a smoking ban is in place.  This is about saving lives.
You were elected by the people, and the people want these protections.  You should serve the people who elected you.

A woman spoke who is the mother of a child with severe respiratory problems,
"This is the fourth time I have testified on these bills.  I don't understand why you don't pass these bills.  They would save lives."

Lorene E. Alba, a former restaurateur,
noted Delegates Gear and Albo had asked why don't restaurants go smoke-free.  She said she polled restaurants in that area about a ban on smoking.  She said they tried being no-smoking during the day, and allowing smoking after 10 pm, and there was a fear of losing customers either way.  She said they would welcome having a law that would require them to be no-smoking all the time.  "So the industry is not able to make this decision by themselves."

John O'Donnell, who plays music in bars with the Rachel Leyco Band,
said there is no choice when you need the job.  But the smoke is harmful, and you shouldn't have to be choosing between earning a living and saving your health. 

A woman spoke who said she has breast cancer. 
She has never smoked, and has led a very healthy life, with no breast cancer history in her family.  Secondhand smoke seemed a likely culprit as her parents smoked until she was 10 and told them to stop.  Then she put herself through college working in restaurants and bars which were smoky, "because there was no choice and you need the job".  Then she got a job in regular office surroundings, and there was smoke.  So she supports the no smoking in the workplace bill and the ones about restaurants and bars, to cut down on the rate of cancer.

A woman testified she is a college student, that it is not true there are smoke-free restaurants
everywhere.  She said that in the University of Virginia area there are several restaurants and snack bars gathered near the university, and they allow smoking, so she can't go to a favorite place or get a favorite meal because of the smoke.  "Why should I have to skip a favorite meal or only do a take-out because of the smoke?"

A woman with the March of Dimes stated that healthy babies make productive adults
and that secondhand smoke is a danger to the fetus, to infants, and to growing children.  Pregnant women, and children are in many workplaces, and secondhand smoke is harmful to them.

A man spoke who emphasized that this is a public health issue. 
He said that many years ago, it was recommended that to stop the cholera epidemic they needed to remove the handle on the city water pump, because the people drinking from that water supply were getting cholera.  The government had to act to protect the people because it was a public health issue, and smoking in publci is a public health issue.

A man representing Hampton spoke to say that the Hampton area supports these bills.

A man representing the state health department said it supports SB 501.

David Bailey spoke, saying he lobbies for the American Lung Association, but that his remarks today were his own opinions. 
He then proceeded to OPPOSE the bills, expressing the same opinions as the subcommittee members, saying that the reason the meeting room and the hallway outside were no-smoking was because the members decided to do it.
Web editor's note:  This is not true -- state law says that a person should not have to walk through smoke to get to the no-smoking section.  The General Assembly in 1990 had agreed in passing the law that the law should apply to all, and they should not be excluded, and amendments to exclude them were defeated.  GASP worked for years trying to get the Capitol building and the General Assembly building to be in compliance with the law.

Those formally speaking against the bills were three men, the representatives of:
**Barrett Hardiman of the Virginia Hospitality and Travel Association, who said this was an issue of choice, and of property rights;
**the Virginia Retail Merchants Association who on the one hand opposed state wide laws, and on the other hand lamented a patchwork of laws if localities possessed the power to pass their own no-smoking laws, and asked why aren't private clubs included in the bills;
**and, the Cigar Association of Virginia, which amazingly enough neglected to mention that they have a stake in creating and maintaining cigar bars.

Some questions were asked by Delegate Eisenberg (not a subcommittee member, but a member of the full committee). 
He asked Senator Northam about the figure used by the opposition that two thirds of Virginia restaurants are already no-smoking.  "How many fast food restaurants are included?"  Senator Northam said that these were the major portion of that 2/3 figure -- most of the major fast food chains are now no-smoking.  Hence, the majority of restaurants in Virginia allow smoking.  Northam noted that especially in the smaller areas, rural areas, and ones that are not on the main routes are the ones more likely to allow smoking.

Delegate Gear, subcommittee chairman, asked John O'Donnell if the music jobs were his main job.  O'Donnell said he also had a day job.

Delegates Gear and Albo mentioned not knowing where the studies come from.  Anne Morrow Donley spoke out from where she was sitting that the Surgeon General's Report was a great resource.  They asked her to speak at the microphone.  Donley did, and said, "the Surgeon General had made two reports on secondhand smoking, using many studies -- the first in 1986, and the second in 2006 -- The Surgeon General's Report on the Health Consequences of Involuntary Exposure to Tobacco Smoke.  I can send you an e-mail with the web citation if you like.  There is also the California EPA Report, which they worked on for over a year considering numerous studies, and including that secondhand smoke can cause breast cancer." [Citation sent evening 2/14 to Albo and Gear for these reports.]

The woman with the March of Dimes offered to send them all the information they needed.

Then Delegate Albo moved to consider all four bills in a block and lay them on the table (translation -- kill them).  Albo noted that Terrie Suit would be having a study this summer to try to make divisions in the state code between restaurants and bars.  The voice vote was unanimous to kill the bills.

Additional Note:
About two hours before the meeting began,  there was a brief conversation between Anne Morrow Donley and Delegate Terrie Suit.  Here is the report of that from Donley.
Conversation February 14, 2008 between Delegate Terrie Suit and Anne Morrow Donley:
Two hours before the official subcommittee meeting began, when few people were in the room, Delegate Suit was at her seat in the subcommittee room, House Room C.  Various people drifted in and out talking with the delegates.

I went up and politely asked if I could speak with Delegate Suit.  She motioned that I could come up to where she sat. 
Anne, speaking softly so the conversation would be private:  "My name is Anne Morrow Donley.  Delegate Suit, as chair of the General Laws Committee, you have the power under House Rule 18 to bring all the Senate no-smoking bills before the full committee even if they fail here today."
Suit, shaking her head:  "I'm not going to do that!"
Anne:  "You must have a reason."
Suit, louder:  "Because, I'm not going to do it!  There is a process by which the members of the committee can ask to have the bills brought up before the committee.  Right now there are not enough votes to bring it to the committee."
Anne:  "There are a lot of people suffering and dying because you are blocking this bill."
Suit:  "Ma'am!  You need to leave the dais!"
Anne:  "I am leaving, but I have a right to be here.  I pay your salary."
Suit:  "So do I!"


Want more information?
 ***Who is William Howell?***
He's Speaker of the House --Traditionally a VERY dictatorial position because a Speaker:
--controls the make-up of each committee and its chairmen,
-- shepherds bills to friendly or unfriendly committees,
-- gets massive amounts of cash from lobbyists for his election campaign, & his Political Actions Committee(s) to toss around to other candidates he wishes to help -- this increases his control.  
Not many delegates of any party are prepared to go against the Speaker's will.

 Virginia Public Access Project follows money; legislators file forms at State Board of Elections.

TOBACCO $$$$ to Howell -- More than $139,541 from tobacco companies 2002--2007
Howell's campaign 2002--2007 accepted $10,000 tobacco company contributions:
S&M Brands/Bailey's $7,500; Reynolds $1,000; US Tobacco $1,000; Altria/Philip Morris $500.
PLUS, he has a Political Action Committee:
His Dominion Leadership Trust PAC, in 2002--2007 took in $129,541 tobacco company money:
Altria/Philip Morris $72,384; US Tobacco $23,000; Reynolds American $11,500; S&M Brands/Bailey's $9,500; Lorillard $5,000; Charles F. Fuller N.C. $2,500; Cigar Assn. America $2,388; Swedish Match $2,370; Conwood $250; Swisher Intl. $150.
++ help from tobacco lobbyists to get all sorts of bills passed/killed (they lobby for other companies too), & money from tobacco allies in hospitality, chambers commerce, retail merchants assn., etc.

Is it possible that Speaker Howell and Majority Leader Morgan Griffith have not forgiven Governor Timothy Kaine for transforming Griffith's tobacco bill in 2007 into a real no-smoking bill that almost passed?

2008 -- A list of the House and Senate bills and their sponsors is given below, along with the Senate vote . 
Report on the Feb. 14th subcommittee meeting.

****  To provide easier access to excerpts of the growing volume of news coverage on the 2008 no-smoking bills, a separate web page was created.
      2008 Excerpts NEWS Reports  ****  
Example:  from The Richmond Times-Dispatch January 25, 2008: 
"We think it is going to pass the Senate easily, which just adds to the outrage of what is happening in the House," said Hilton Oliver, executive director of Virginia GASP, or Group to Alleviate Smoking in Public.

"The issue of smoking in restaurants has nothing to do with ABC and gaming, but it has a whole lot to do with health," Oliver said. "They are playing games there [in the House], no question about it."

    Campaign contributions (Tobacco, Retail Merchants, Chamber Commerce)
                 at http://www.vpap.org         

2007 and earlier legislative actions, prelude to 2008

Secondhand Smoke hurts and kills.

Many Nations on this planet have strong no-smoking laws.

Some Fact Sheet Locations & Comment

Letter to the Editor, The Bristol Herald Courier, February 21, 2008, headlined, "Tell delegates to give ban a vote", writer, Hilton Oliver, Executive Director, Virginia GASP, Group to Alleviate Smoking in Public.
I recall learning in elementary school that we lived in a democracy of the people, by the people and for the people. The Virginia House of Delegates has made a mockery of that notion.

For the third straight year, the House leadership has used sleazy political maneuvering to kill widely popular bills to restrict public smoking. The bills have been intentionally routed to the illogical six-member subcommittee on Alcoholic Beverage Control and Gaming because those legislators are all known to be pro-tobacco. For three consecutive years, six delegates have prevented 100 delegates from even voting on this legislation.

Speaker William J. Howell, who is awash in tobacco contributions, opposes the bills and has sadly abused his power to circumvent the democratic process. His stooge is Delegate Terrie Suit, the new General Laws Committee chairwoman, who supported Gov. Tim Kaine’s effort at smoke-free restaurants last year but just coincidentally reversed her position after Howell made her committee chair. The bills obviously belong in the Health Committee anyway, but the speaker knows that committee would approve them.

Our legislators are plainly terrified that the clear will of Virginians could prevail over the will of Big Tobacco. The Senate passed four strong bills by a wide margin which would protect non-smokers. Unless the people of Virginia express their outrage, Howell and Suit will certainly spit on them again. Please demand that these bills receive a full and fair vote.


Virginians -- Who is Your Legislator in the General Assembly?
The Virginia state web site, http://legis.state.va.us/ 
At top, click on "Who's My Legislator",
Type in your address, zip code, and it gives you delegate, senator. 
Their January-February phone number & e-mail address are in the state web site. 
Also, Virginians can leave an opinion at the toll free number for all Virginia state legislators at 1-800-889-0229 or 804-698-1990.

Summary of 2008 bills on no-smoking, and 2008 bills on RIP cigarettes, and one cigarette tax
2008 Legislation on health and tobacco may be tracked at http://legis.state.va.us/
    Click on Legislative Information, go to Bills, type in number of bill, or go to subject Tobacco, etc.
Bills can be changed along the way.  The full text of the original or the passed bills is at the state site.
 Floor amendments are not immediately available.  In the full text of bills, usually, italics will indicate new language, things to be struck are lined through.

NO-SMOKING bills to apply state-wide:
SENATE bills re. state-wide:
The Senate has passed all Senate no-smoking bills.  Senator Stosch chose Rule 36 -- abstension on conflict of interest, so did not vote Yea or Nay. 
BUT -- next the Senate no-smoking bills must go through the House .

**  SB 298 Virginia Smoke Free Air Act, Senator Mary Margaret Whipple (D-31, Arlington) to make most indoor areas no-smoking.
February 5, 2008 -- the full Senate passed SB 298:  23 to 15. 
The 15 voting AGAINST this:  Senators Cuccinelli, Deeds, Hanger, Hurt, Martin, McDougle, Newman, Obenshair, Puckett, Reynolds, Ruff, Smith, Wampler, Watkins.

**  SB 501 amendment on restaurants to Virginia Indoor Clean Air Act, Senators Mamie Locke (D-2, Hampton) and Ralph Northam (D-6, Accomack, Mathews, Northampton, Norfolk, Virginia Beach) carrying it for the Governor
February 5, 2008 -- the full Senate passed SB 501:  28 to 10. 
The 10 voting AGAINST this:  Senators Cuccinelli, Hanger, Hurt, Martin, McDougle, Newman, Obenshair, Ruff, Smith, Watkins.

HOUSE bills re. state-wide:  killed by unanimous vote in House subcommittee -- see Alert.
A list of the subcommittee members and their phone numbers is below.
**  HB 821 Virginia Smoke Free Air Act, Delegate Harvey Morgan (R-98, Gloucester)
**  HB 500 Smoke Free Air Act, Delegate Philip Hamilton (R-93 County James City),
and
**  HB 572 Smoke Free Air Act, Delegate Algie T. Howell, Jr. (D-90, Chesapeake)
**  HB 1253  Delegate Dave W. Marsden (D-41, Burke) Prohibit smoking in restaurants.
Speaker William Howell referred each NOT to Health but to House General Laws Committee, assigned by Terri Suit to ABC/Gaming subcommittee which killed all no-smoking bills 2007 except for Philip Morris supported bill

ALLOW LOCALITIES to require No-Smoking in Restaurants:
A number of localities have pushed to have no-smoking ordinances, but the current state law does not allow local laws stronger than state law. 
SENATE bills re. localities -- these have passed the full Senate:
**  SB 202, Senator Frederick Quayle (R-13, Suffolk); would allow localities to pass restaurant ordinances stronger than provisions in state law.
February 5, 2008 -- the full Senate passed SB 202:  29 to 9. 
The 9 voting AGAINST this:  Senators Cuccinelli, Hanger, Hurt, Martin, McDougle, Newman, Obenshair, Ruff, Smith.

**  SB 347, Senator Harry Blevins (R-14, Chesapeake), originally specific to Chesapeake;
but the population number designation of Chesapeake was changed to refer to any locality within Hampton District 23.
February 5, 2008 -- the full Senate passed SB 347:  28 to 10. 
The 10 voting AGAINST this:  Senators Cuccinelli, Hanger, Hurt, Martin, McDougle, Newman, Obenshair, Ruff, Smith, Watkins.

HOUSE bills re. localities -- killed by unanimous vote in subcommittee -- see Alert
A list of the subcommittee members and their phone numbers is below.
**  HB 288, Delegate David Englin (D-45, County Arlington)
**  HB 1063, Delegate Robert Brink (D-48, County Arlington), specific to Northern Virginia
**  HB 1341  Delegate William Barlow (D-64, Smithfield)
**  HB 1432  Delegate Algie T. Howell, Jr. (D-90, Chesapeake),  specific to cities with 200,000+ population
Speaker William Howell referred each NOT to a Health committee but to House General Laws Committee, assigned by Terri Suit to ABC/Gaming subcommittee which killed all bills this year, just as they killed all 2007 no-smoking bills except for Philip Morris supported bill

Members House General Laws Committee listed below:   See Alert.
Terrie L. Suit (Chair), 804-698-1081, DelTSuit@house.state.va.us , tsuit@cox.net
David Albo, 804-698-1042, DelDAlbo@house.state.va.us
S. Chris Jones, 804-698-1076, DelCJones@house.state.va.us     
Thomas Wright, 804-698-1061, DelTWright@house.state.va.us
Glenn Oder, 804-698-1094, DelGOder@house.state.va.us
Thomas Gear (Sub-Comm. Chair), 804-698-1091, DelTGear@house.state.va.us
John Cosgrove, 804-698-1078, DelJCosgrove@house.state.va.us
Charles Carrico, 804-698-1005, DelCCarrico@house.state.va.us
Edward Scott, 804-698-1030, DelEScott@house.state.va.us
Sal Iaquinto, 804-698-1084, DelSIaquinto@house.state.va.us
Todd Gilbert, 804-698-1015, DelTGilbert@House.state.va.us
Jackson Miller, 804-698-1050, DelJMiller@house.state.va.us
Watkins Abbitt, 804-698-1059, DelWAbbitt@house.state.va.us
Clarence Phillips, 804-698-1002, DelBPhillips@house.state.va.us
William Barlow,  804-698-1064, DelWBarlow@house.state.va.us
Robert Hull, 804-698-1038, DelRHull@house.state.va.us
Jeion Ward, 804-698-1092, DelJWard@house.state.va.us
Rosalyn Dance, 804-698-1063, DelRDance@house.state.va.us
Roslyn Tyler,  804-698-1075, DelRTyler@house.state.va.us
David Bulova, 804-698-1037, DelDBulova@house.state.va.us
Albert Eisenberg, 804-698-1047, DelAEisenberg@house.state.va.us
Danny Bowling, 804-698-1003, DelDBowling@house.state.va.us

Members ABC/Gaming subcommittee: 
Thomas Gear (Sub-Comm. Chair), 804-698-1091, DelTGear@house.state.va.us
David Albo, 804-698-1042, DelDAlbo@house.state.va.us
Thomas Wright,  804-698-1061, DelTWright@house.state.va.us
John Cosgrove, 804-698-1078, DelJCosgrove@house.state.va.us
Watkins Abbitt, 804-698-1059, DelWAbbitt@house.state.va.us
Danny Bowling, 804-698-1003, DelDBowling@house.state.va.us

REGARDING any decision of a House subcommittee:
Even if the next subcommittee vote, this time on four Senate bills, is to kill the no-smoking bills, there are two avenues left open in the House. 
(1) Any member of the full General Laws Committee can ask to have all the bills brought before the full committee, and the majority of those present would decide yea or nay on this.
(2) Terri Suit can ask to have all the bills brought before the full committee.

The Rules of the House of Delegates, page 7, Rule 18 reveals that the committee chairman has the discretion to have bills brought before the full committee EVEN IF the subcommittee has voted to kill, table, bury the bills.  This was double checked with the House committee clerks' office.

      Rule 18. The several standing committees shall consider and report on matters specially referred to them and, whenever practicable, suggest such legislation as may be germane to the duties of the committee.  The chairman shall have discretion to determine when, and if, legislation shall be heard before the committee. The chairman, at his discretion, may refer legislation for consideration to a subcommittee. If referred to a subcommittee, the legislation shall be considered by the subcommittee.  If the subcommittee does not recommend such legislation by a majority vote, the chairman need not consider the legislation in the full committee.  It shall be the duty of each committee to inquire into the condition and administration of the laws relating to the subjects which it has in its charge; to investigate the conduct and look to the responsibility of all public officers and agents concerned; and to suggest such measures as will correct abuses, protect the public interests, and promote the public welfare.

Other legislation related to health vs. tobacco:
          RIP (Reduced Ignition Propensity -- "Fire-Safe"), passed with Philip Morris amendment
          Cigarette Tax, locality -- unanimously killed in subcommittee February 6th
   Some Fact Sheet Locations & Comment

RIP -- Reduced Ignition Propensity cigarettes
The list of RIP bills is given below.  However, please see another web page for news articles excerpted on RIP cigarettes, including a Kentucky lawsuit filed in 2008.
Additionally, bills have been introduced to add Virginia to the list of about 22 states now requiring
Reduced Ignition Propensity cigarettes (RIP), also known as "Fire-Safe" or self-extinguishing.

Cigarette manufacturers admitted decades ago that it was possible to do this, but they did not do this.  RIP laws would require manufacturers to produce cigarettes that do not continue to burn when left unattended.  These Virginia bills were written by Philip Morris -- which has patented a special paper for RIP cigarettes -- and fire safety groups, according to press reports.  The Senate committee added an amendment to allow Philip Morris to make non-"fire-safe" cigarettes for North Carolina, South Carolina, and other states and NATIONS that do not require RIP cigarettes.

Reynolds already stated last summer (2007) that it would voluntarily make all cigarettes for the AMERICAN market to be RIP.  Philip Morris has not stated this.
SENATE bill -- February 1 -- passed the full Senate:
**  SB 208, Senator Walter Stosch (R-12, Henrico County), reported from Commerce and Labor 1/28 with amendment to allow Philip Morris to produce non-RIP cigarettes for states or nations that do not require RIP.
The amendment reads:
"Nothing in this chapter shall be construed to prohibit any person from manufacturing or selling cigarettes that do not meet the requirements of this chapter if the cigarettes are or will be stamped for sale in another state or sold in North Carolina or South Carolina, or are packaged for sale outside the United States, and that person has taken reasonable steps to ensure that such cigarettes will not be sold or offered for sale to persons located in the Commonwealth."

HOUSE bills, the two bills were rolled into one in the House Commerce and Labor Committee, and an amendment agreeing with the Senate amendment to allow Philip Morris to produce non-RIP cigarettes for NC, SC, and states without RIP laws and nations without RIP laws. 
**  HB 228, Delegate John Cosgrove (R-78, Chesapeake), 1/29 Reported from committee with substitute; passed the House 98-0; referred to Senate Commerce and Labor.
It is identical now to SB 208, Stosch.
**  HB 1072, Delegate Charles Caputo (R-67, Chantilly), 1/29 Incorporated into HB 228

Cigarette tax -- locality
This was killed ("left on the table") by the Finance subcommittee 1 on February 6th, no recorded vote yet as to who was present and voted.
**  HB 1347  Delegate William Barlow (D-64, Smithfield)
Would have authorized any county to impose a local cigarette tax at a rate not to exceed $0.05 per pack or the amount levied under state law, whichever is greater.
Referred to the House Finance Committee, assigned to Subcommitte 1, which killed it:
Robert Orrock (Chair) 804-698-1054, Mark Cole 804-698-1088, Thomas Gear 804-698-1091, Robert Marshall 804-698-1013, Matthew Lohr 804-698-1026, Joseph Johnson 804-698-1004, Vivian Watts 804-698-1039, Robert Hull 804-698-1038, Charles Caputo 804-698-1067, Brian Moran 804-698-1046, Harry Purkey 804-698-1082.


Letter sent to Governor Timothy Kaine, from Virginia GASP

February 24, 2008

The Honorable Timothy Kaine
via FAX 804-371-6351; 5 pages: Letter plus Documentation

Re.: No Compromises on Health with No-Smoking bills

Dear Governor Kaine:

Smoking in public is a public health issue. Your efforts to protect the health of both employees and customers of all ages must not be compromised. It is to be hoped that we will achieve no-smoking at least in all restaurants and bars this year, though we need to have all workplaces no-smoking to grant employees a safe work environment which the Code of Virginia promises but does not fulfill.

Certainly there is an effort to try to bring the four Senate bills up before the full General Laws Committee this Thursday. But if not, the voter outrage is building against those delegates who have blocked the 12 no-smoking bills.

The media have mentioned two compromises that you may be considering:

(a) to allow smoking in bars but not restaurants, and/or

(b) to allow smoking in restaurants and bars after 10:00 pm.

These are not compromises, but a full retreat from protecting the public health.

Virginia Group to Alleviate Smoking in Public, Inc. (GASP) is opposed to those compromises. This is not 1968. This is 2008. The Health Consequences of Involuntary Exposure to Tobacco Smoke: A Report of the Surgeon General, U.S. Department of Health and Human Services, was released in 2006, confirming and adding to the one issued in 1986. Some of the main conclusions from that report are summarized on the documentation page. Among other facts the report noted that:

*The scientific evidence indicates that there is no risk-free level of exposure to secondhand smoke.

*Concentrations of many cancer-causing and toxic chemicals are higher in secondhand smoke than in the smoke inhaled by smokers.

*Secondhand smoke has been designated as a known human carcinogen, and The National Institute for Occupational Safety and Health has concluded that secondhand smoke is an occupational carcinogen.

*Exposure of adults to secondhand smoke has immediate adverse effects on the cardiovascular system and causes coronary heart disease and lung cancer.

*Nonsmokers exposed to secondhand smoke increase their chances of heart disease and cancers.

*Eliminating smoking in indoor spaces fully protects nonsmokers from exposure to secondhand smoke. Separating smokers from nonsmokers, cleaning the air, and ventilating buildings cannot eliminate exposures of nonsmokers to secondhand smoke.


Virginia GASP, February 24, 2008 -- Page 2 of 5

Several states in this country, and several nations around the world have total no-smoking in any workplace, and many have it at least in both restaurants and bars. The laws are working well, businesses have discovered they have more customers because the majority of people do not smoke and do not want to breathe smoke.

Both in the USA and in Italy studies examining the number of acute coronary events before and after the launch of the smoking bans revealed a significant decrease in acute coronary events (strokes, heart attacks) once the smoking bans began. This is a saving of lives, and of money.

The recent study looking at Italy, published in Circulation, stated:

"We found a statistically significant reduction in acute coronary events in the adult population after the smoking ban. The size of the effect was consistent with the pollution reduction observed in indoor public places and with the known health effects of passive smoking. The results affirm that public interventions that prohibit smoking can have enormous public health implications."

Indeed, if smoking is allowed in bars, or in bars and restaurants after 10:00 pm:

(1) the public health, including employee health, is not protected,

(2) years of suffering and deaths from secondhand smoke would pass before Virginia has complete no-smoking in restaurants and bars,

(3) it would allow the anti-health Delegates to tell voters that they had supported no-smoking in restaurants when in fact they had not done so.

The compromise to allow smoking in restaurants and bars after 10:00 pm is ludicrous. Particulate matter, toxins, carcinogens, pollution, tar, and nicotine all would remain in the air, on curtains, floors, furniture, walls, to be breathed in by everyone the next day. And of course this offers zero protection to the employees working the late shift who cannot possibly hold their breath that long!

When the current law was close to being passed in 1990, the tobacco industry tried to have smoking permitted on school buses when no students were present. This was defeated, fortunately. Then, some years later, there was a bill to make schools totally smoke-free. The tobacco industry changed the wording, allowing smoking in schools after the students had left, because they said it was not fair to janitors, maids, and anyone attending adult meetings in the evenings. It took several years to get that changed to be no-smoking in any school at any time.

The tobacco industry's tactics are always delay, delay, delay. But people must breathe, and smoke is not good for any living thing. That's why the tobacco industry does not allow smoking around tobacco seedlings -- because it kills them (tobacco mosaic virus).


Virginia GASP, February 24, 2008 -- Page 3 of 5

The compromise to allow smoking in bars but not restaurants is also ludicrous. Many large restaurants have bars, thus restaurants would not be smoke-free. Smoke has never learned to read signs. Employees serving and cleaning the bars would not be protected.

Cigar Associations are establishing cigar bars, and if you allow smoking in bars, they will use that to their advantage, and to the detriment of employee and customer health. The tobacco industry has encouraged Hookah bars and cafes, popular with college age young people who mistakenly think this is safe, which studies have repeatedly shown it is not safe.

Regarding the bars in general, a recent study this month in the American Journal of Industrial Medicine examined the death of a woman employee who reported for work at the bar, said hello to the Disc Jockey, went to begin her duties, and suddenly grabbed the arm of the manager at that time, saying she had to get to the hospital, she had forgotten to bring her inhaler. Before the emergency crew arrived, she was dead.

"Evaluation of the circumstances of her death and her medical history concluded that her death was from acute asthma due to environmental tobacco smoke at work." And further that, "Recent studies of asthma among bar and restaurant workers before and after smoking bans support this association. This death dramatizes the need to enact legal protections for workers in the hospitality industry from secondhand smoke."

Please continue your strong efforts to have no-smoking in all restaurants and bars at all times with no exceptions. The public respects you for urging government to protect the public health and welfare and safety. The public is increasingly angry at legislators blocking this.

Sincerely,
Anne Morrow Donley, co-founder, Virginia Group to Alleviate Smoking in Public, Inc.
http://www.gasp.org/

Documentation:

"How Many Deaths Will it Take Before All Indoor Workplaces are NO-SMOKING?"
American Journal Industrial Medicine, Dec. 7, 2007, article by M. Stanbury, D. Chester, E. Hanna, K. Rosenman of Michigan, noting the waitress collapsed at the bar where she worked and was declared dead shortly thereafter. Evaluation of the circumstances of her death and her medical history concluded that her death was from acute asthma due to environmental tobacco smoke at work. CONCLUSIONS: This is the first reported acute asthma death associated with work-related ETS. Recent studies of asthma among bar and restaurant workers before and after smoking bans support this association. This death dramatizes the need to enact legal protections for workers in the hospitality industry from secondhand smoke.
http://www3.interscience.wiley.com/cgibin/abstract/117859611/ABSTRACT?CRETRY=1&SRETRY=0


Virginia GASP, February 24, 2008 -- Page 4 of 5

Circulation, February 2008, "Effect of the Italian Smoking Ban on Population Rates of Acute Coronary Events", published online before print, February 11, 2008. Authors Giulia Cesaroni MSc, Francesco Forastiere MD, PhD*, Nera Agabiti MD, Pasquale Valente MD, Piergiorgio Zuccaro PhD, and Carlo A. Perucci MD. From the Department of Epidemiology (G.C., F.F., N.A., C.A.P.), Local Health Unit ASL RME, and Istituto Superiore di Sanità (P.V., P.Z.), Rome, Italy.


"... We evaluated changes in the frequency of acute coronary events in Rome, Italy, after the introduction of legislation that banned smoking in all indoor public places in January 2005.
Conclusions—We found a statistically significant reduction in acute coronary events in the adult population after the smoking ban. The size of the effect was consistent with the pollution reduction observed in indoor public places and with the known health effects of passive smoking. The results affirm that public interventions that prohibit smoking can have enormous public health implications."


Some conclusions from:

The Health Consequences of Involuntary Exposure to Tobacco Smoke: A Report of the Surgeon General, U.S. Department of Health and Human Services June 2006
**Secondhand smoke exposure causes disease and premature death in children and adults who do not smoke.

**Secondhand smoke contains hundreds of chemicals known to be toxic or carcinogenic (cancer-causing), including formaldehyde, benzene, vinyl chloride, arsenic, ammonia, and hydrogen cyanide.

**Secondhand smoke has been designated as a known human carcinogen (cancer-causing agent) by the U.S. Environmental Protection Agency, National Toxicology Program and the International Agency for Research on Cancer (IARC). The National Institute for Occupational Safety and Health has concluded that secondhand smoke is an occupational carcinogen.

**Exposure of adults to secondhand smoke has immediate adverse effects on the cardiovascular system and causes coronary heart disease and lung cancer.

**Concentrations of many cancer-causing and toxic chemicals are higher in secondhand smoke than in the smoke inhaled by smokers.

**Breathing secondhand smoke for even a short time can have immediate adverse effects on the cardiovascular system and interferes with the normal functioning of the heart, blood, and vascular systems in ways that increase the risk of a heart attack.

**Nonsmokers who are exposed to secondhand smoke at home or at work increase their risk of developing heart disease by 25 - 30 percent.


Virginia GASP, February 24, 2008 -- Page 5 of 5

Surgeon General's Report, continued:

**Nonsmokers who are exposed to secondhand smoke at home or at work increase their risk of developing lung cancer by 20 - 30 percent.

**The scientific evidence indicates that there is no risk-free level of exposure to secondhand smoke.

**Short exposures to secondhand smoke can cause blood platelets to become stickier, damage the lining of blood vessels, decrease coronary flow velocity reserves, and reduce heart rate variability, potentially increasing the risk of a heart attack.

**Secondhand smoke contains many chemicals that can quickly irritate and damage the lining of the airways. Even brief exposure can result in upper airway changes in healthy persons and can lead to more frequent and more asthma attacks in children who already have asthma.

**Eliminating smoking in indoor spaces fully protects nonsmokers from exposure to secondhand smoke. Separating smokers from nonsmokers, cleaning the air, and ventilating buildings cannot eliminate exposures of nonsmokers to secondhand smoke.

**Conventional air cleaning systems can remove large particles, but not the smaller particles or the gases found in secondhand smoke.
**Routine operation of a heating, ventilating, and air conditioning system can distribute secondhand smoke throughout a building.
**The American Society of Heating, Refrigerating and Air-Conditioning Engineers (ASHRAE), the preeminent U.S. body on ventilation issues, has concluded that ventilation technology cannot be relied on to control health risks from secondhand smoke exposure.

http://www.surgeongeneral.gov/library/secondhandsmoke/

The Health Consequences of Involuntary Exposure to Tobacco Smoke: A Report of the Surgeon General was prepared by the Office on Smoking and Health, National Center for Chronic Disease Prevention and Health Promotion, Centers for Disease Control and Prevention (CDC). The Report was written by 22 national experts who were selected as primary authors. The Report chapters were reviewed by 40 peer reviewers, and the entire Report was reviewed by 30 independent scientists and by lead scientists within the Centers for Disease Control and Prevention and the Department of Health and Human Services. Throughout the review process, the Report was revised to address reviewers’ comments.


The Virginia state code notes that employees should have the right to a safe work environment.
So far this has not included secondhand smoke.

Remember Heather Crowe:
22nd May, 2006 -- Death of Heather Crowe, only 61, a Canadian waitress for about 40 years, who died of lung cancer from secondhand smoking at her job.  She became an eloquent spokesperson fighting to be the "last Canadian to die of secondhand smoking."  She had hoped to see the May 31st beginning of a smoke-free Ontario.  Thank you, Heather, for speaking out to save all our lives. 
For more information:  Physicians for a Smoke-Free Canada.

Secondhand Smoke hurts and kills.  Fact Sheets are available at
this web site
James Repace http://www.repace.com/
Recent Study notes the death of a waitress dying immediately from asthma attack brought on by secondhand smoke.

Fact Sheet On Fires From Cigarettes:  this web site


****  To provide easier access to excerpts of the growing volume of news coverage on the 2008 no-smoking bills, a separate web page has been created.
      2008 Excerpts NEWS Reports  ****  



2008 News Coverage, articles excerpted
    Quick Background:
In late 2007, the Governor of Virginia, Timothy Kaine, announced he would propose legislation to ban smoking in all restaurants.  Senators Mamie Lock and Ralph Northam are carrying that bill, SB 501, in the Senate. 

Earlier in 2007, Delegate Morgan Griffith carried the Philip Morris supported bill in 2007 which would have eliminated a state requirement that while any business could be smoke-free, those restaurants with 50 seats or more are required to have at a bare minimum a no-smoking section.  This bill passed both houses in 2007, but was amended by Governor Kaine to make all restaurants totally no-smoking, but the House defeated the amendment, and Kaine vetoed the original bill.

The Virginian Pilot, January 22, 2008:  "Suit's retreat on smoking clouds chances of ban"
The Richmond Times-Dispatch, January 25:  "Several types of smoking-ban bills in play"
The Richmond Times-Dispatch, online, January 31 11:31am: 
The Roanoke Times, January 29:  "[Senate] Subcommittee OKs indoor smoking ban, most restrictive of 3"
The Daily Press, January 27:  "Smoking in restaurants comes under fire in state built on tobacco"
The Richmond Times-Dispatch, January 22: "Proposal on public smoking debated; About 80 attend hearing on Senate legislation to create tougher controls"
The Washington Post, January 10:  Editorial, "Smoke in Their Eyes -- On Smoking, It's Virginia vs. the World"
The Bristol Herald Courier, January 10:  Editorial, "Show courage; pass smoking ban"
The Bristol Herald Courier, January 10:  "Local Virginia restaurant operators have mixed view on revived smoking ban efforts"
The Daily Press, January 8:  "Kaine proposes statewide restaurant smoking ban"
The News Virginian, January 8:  "Governor proposes ban on smoking"
The Roanoke Times, January 8, 2008:  "Kaine revives ban on smoking"
The Danville Register & Bee, January 8:  "Will ban proposal go up in smoke?"


EXCERPTS FROM The Virginian-Pilot, January 22, 2008, Editorial Page, headlined, "Suit's retreat on smoking clouds chances of ban", writer not given.
Advocates of a ban on smoking in all Virginia restaurants were delighted to see a new and seemingly friendly face this year at the helm of a legislative committee that knocked the wind out of their public health campaign last year.

Del. Terrie Suit broke with most members of her party in April 2007 when the Virginia Beach Republican supported a statewide ban proposed by Gov. Tim Kaine.

The measure failed, but this year Suit has the opportunity to play a crucial role in the debate as the new chairwoman of the House General Laws Committee.

Unfortunately, the rise to power has clouded Suit's judgment. Now she opposes the smoking ban she backed last year, a position that puts her at odds with her constituents, the municipal leaders in the cities she represents and even the restaurant associations.

Suit says she now believes enough restaurants have gone smoke-free that government regulation is no longer necessary.

That's nonsense, and none other than the Virginia Beach Restaurant Association says so. Local business owners insist the only way to protect the health of their customers and their employees is to have a consistent policy for all eating establishments. ...

Last year's proposed smoking ban jogged through the state Senate only to be snuffed out by a six-member subcommittee of General Laws. The chairman at the time refused to order a hearing by the full committee.

Suit has sent four smoking ban measures to the same subcommittee, which includes Del. John Cosgrove of Chesapeake and is led by Del. Tom Gear of Hampton, both strong opponents of a ban.

Suit says she won't try to revive the measure if it dies in the subcommittee again, a near certainty.

She's in a ticklish spot, caught between what's politically popular at home and what's politically necessary in Richmond. Suit is beholden to Speaker Bill Howell, an opponent of the statewide ban, for her new leadership post, and it will be tough to defy him. She insists he has applied no pressure on her to change her position.

Suit's greatest obligation is to her constituents, who want a smoking ban. At a minimum, she should use her post so the ban gets aired before the full committee and the votes are recorded.

Suit is in a position to make that happen. She should take this opportunity to use her gavel for a good cause.


EXCERPTS FROM The Richmond Times-Dispatch, January 25, 2008, with sidebars on types of laws and business impact, main article headlined, "Several types of smoking-ban bills in play", writer John Reid Blackwell.
Legislators are considering bills that would allow Virginia to join other states that have passed smoke-free workplace or restaurant laws, but the chances for approval seem dim again.

The state Senate has passed indoor-smoking bans for two straight sessions, ... the legislation faces a dead end in the House of Delegates, where a six-member subcommittee has killed indoor-smoking bills.

A proposal by Gov. Timothy M. Kaine to ban smoking in restaurants made it to a full vote on the House floor last year but failed, 59-40, after opponents argued Kaine's proposal was too broad.

Anti-smoking bills in the House could face a familiar scenario -- Speaker William J. Howell has referred them to the General Laws Committee.

That panel is chaired by Del. Terrie L. Suit, R-Virginia Beach, who voted in favor of Gov. Timothy M. Kaine's proposed restaurant smoking ban last year.

This year, however, Suit has referred indoor-smoking bills to the panel's Alcoholic Beverage Control/Gaming subcommittee. That panel has been unfriendly to indoor-smoking legislation, and its chairman, Del. Thomas D. Gear, R-Hampton, says he sees no reason to think that will change.

"If anything, I am more solidified than ever that government should not be doing this," Gear said. "Two of my favorite restaurants have gone smoke-free [voluntarily]. Let the owners do what their customers want."

Supporters of a ban believe the bills should go to a different committee, such as Health, Welfare and Institutions, in hopes of getting it to a vote of the full chamber.

"We think it is going to pass the Senate easily, which just adds to the outrage of what is happening in the House," said Hilton Oliver, executive director of Virginia GASP, or Group to Alleviate Smoking in Public.

"The issue of smoking in restaurants has nothing to do with ABC and gaming, but it has a whole lot to do with health," Oliver said. "They are playing games there [in the House], no question about it."

All the bills must advance through committees before reaching the Senate or House floors. In the Senate, the bills have been referred to the Education and Health committee. Committees are likely to vote next week.

Web Editor's note on following story -- current Virginia law does NOT segregate smokers and nonsmokers.
Any business may be totally no-smoking, but at a bare minimum a restaurant of 50 seats or more must provide a No Smoking section large enough to meet public demand.  Smokers may sit in the no-smoking section, but may not smoke there.  Smokers may use any smoke-free business, but may not smoke there.  The term "segregate" is an emotionally charged line and inaccurate.
EXCERPTS from The Richmond Times-Dispatch, online, January 31, 2008, 11:31 am, headlined, "Bills to crack down on smoking advance", no writer given.
The Senate Education and Health Committee this morning ushered along several bills that would make it tougher to light up.

One measure favored by Gov. Timothy M. Kaine, Senate Bill 501, would put in place statewide a ban on smoking in many public places, including restaurants.

Under current Virginia law, restaurants serving 50 or more patrons are required to segregate smokers and nonsmokers.

Senate committee approval was expected, and the bill is likely to clear the full Senate. Additional controls on smoking in public run into trouble in the more conservative House of Delegates. That's where such restrictions were snuffed out last year.

EXCERPTS from The Roanoke Times, January 29, 2008, headlined "Subcommittee OKs indoor smoking ban, most restrictive of 3; The full Senate committee is expected to take up the bill when it meets Thursday", writer Mason Adams.
A Senate subcommittee endorsed the most restrictive of three potential indoor smoking bans on Monday.

The trio of variations includes:
Senate Bill 202, which gives each Virginia locality the choice of whether to ban smoking.
SB 501, which bans it in restaurants.
SB 298, which bans smoking in just about all indoor areas except for private homes.

The Senate Education and Health Committee subgroup voted 3-2 to recommend the last bill.

Sen. George Barker, D-Fairfax County, was a key vote in the subcommittee favoring the more restrictive SB 298.

"This is a public health initiative," Barker said. "That's why I think it needs to be addressed broadly rather than more narrowly."

Sen. John Miller, D-Newport News, said that over the course of the debate during the past few years, he has changed his mind on the issue.

"I started this journey believing that government is too intrusive in our lives to begin with and that we ought not to be telling private business people how to run their businesses, especially regarding a legal activity," Miller said. "It has been very difficult for me, but I believe the science as a former smoker. I think there's a greater good. If we're going to protect the citizens of the commonwealth, this is a great way to do it."

Any bill to ban smoking will likely face stiff challenges. In 2006 and 2007, then-Sen. Brandon Bell of Roanoke County made a smoking ban similar to SB 298 the main priority of his legislative agenda but his effort went unrewarded.

Sen. Frank Ruff, R-Mecklenburg County, is one of the subcommittee members who voted Monday against any smoking ban -- and for one of the main reasons the legislation has been hard to pass. Ruff, whose district includes many Southside tobacco farmers, said he believes that private business owners can take care of the issue on their own.

"Every week more and more restaurants are dropping allowing people to smoke," Ruff said. "I think it's a major mistake to take law enforcement and put them in this kind of setting when the market will take care of itself."

The real test for any bill to ban smoking will be how it does in the House. The past two years smoking bills have failed to clear the committee level there.

The full Senate committee is expected to take up the smoking bills when it meets Thursday.

EXCERPTS from The Daily Press, January 27, 2008, headlined, "Smoking in restaurants comes under fire in state built on tobacco", writer Bob Lewis, Associated Press.
... health advocates are again pushing for a new law to end smoking in buildings where people eat and drink, but this is the first year they've had a governor leading the charge from the beginning.

White-coated doctors last week coolly explained the risks in stomach-turning detail to the Senate Education and Health Committee. Consider this list of deadly compounds in second-hand smoke that Dr. William A. Hazel Jr. recited to the panel.

"Acetone, or nail-polish remover. Ammonia, which is a toilet cleaner. Arsenic. Ant poison. Butane, which is in cigarette lighters. Cadmium, used in batteries. Carbon monoxide, the poison in car exhaust. Methane, or sewer gas ...," said Hazel, a past Medical Society of Virginia president.

Even traces of polonium-210, the radioactive element used to kill former KGB officer and Kremlin critic Alexander Litvinenko in 2006, can be found in cigarette smoke, he said.

Medical science notwithstanding, passing the legislation is improbable considering the broad political support tobacco still retains. Richmond is, after all, home to Philip Morris' cigarette factory, the world's largest.

Tobacco companies and tobacco growers contributed $287,000 while restaurants gave about $218,000 to candidates in the 2007 House of Delegates and state Senate elections, according to the Virginia Public Access Project, an independent, nonprofit tracker of money in state politics.

Philip Morris opposes the bill, preferring instead that restaurateurs and barkeepers banish smoking as a result of market conditions, not government fiat. Even supporters of the bill acknowledge that as many as 80 percent of the state's eateries have gone smoke-free to attract a clientele increasingly averse to smoke.

Virginia Hospitality and Travel Association lobbyist Thomas A. Lisk made a similar point to the committee last week, noting that restaurants are going smoke-free in growing numbers on their own.

Many legislators in both parties understand the sentiment.

"It seems to me that the marketplace is determining this issue already, regardless of what the General Assembly does or doesn't do," said Sen. R. Edward Houck, who chairs the Senate committee. "The market is responsive to customer interests."

Tobacco, however, is far from the dominant cash crop it once was in Virginia . It dates to the first settlement in Jamestown . It was so vital to the from Colonial times into the 20th century that ceiling murals in the 200-year-old Capitol rotunda depict garlands of the golden-brown leaf.

Tobacco production decreased from 53,000 acres and total value of $207.5 million in 1997 to less than 20,000 acres and $71 million in value in 2006, the latest year for which U.S. Department of Agriculture statistics are available.

Houck knows the stats. He has seen tobacco's influence gradually ebb.

"The tobacco lobby represents a smaller part of Virginia geographically," said Houck, D-Spotsylvania. "The whole tobacco industry has diminished in Virginia , and where it's diminished is as the urban and suburban areas have grown. The public is getting more concerned with the use of tobacco."

Until four years ago, efforts to increase Virginia 's 2.5 cents-per-pack tax on cigarettes--then the nation's lowest--had failed perennially, too. But in the midst of a state fiscal crisis, taxing an unhealthy habit became more palatable and legislators reluctantly boosted the tax by 27.5 cents to save an out-of-balance budget.

Former Gov. Mark R. Warner led that battle. His successor, Gov. Timothy M. Kaine, a fellow Democrat, leads this one.

Kaine said his first interest was the workers who inhale the smoke of others on the job and suffer health consequences later.

"Traditionally, I'm against a complete ban on all smoking in all public facilities," Kaine said in an Associated Press interview.

The governor said the legislation has a chance this year, citing efforts the first two years of his term to restrict smoking. When he issued an executive order to ban smoking in all government buildings shortly after he took office, he said, "I was surprised that I didn't get pushback from the tobacco industry."

He was even more encouraged last spring after he amended a bill that would have allowed smoking only in restaurants that display conspicuously posted signs that say "Smoking Permitted." Kaine toughened it into an outright restaurant smoking prohibition. The House rejected the amendment, on a 59-40 vote.

"I was surprised it got as many votes as it got, and a lot of delegates came up to me afterward and said, 'Hey, we didn't vote against this just to vote against it. You change a few details here and there and we might be able to support it,"' Kaine said.

EXCERPTS from The Richmond Times-Dispatch (Virginia), January 22, 2008, headlined, "Proposal on public smoking debated; About 80 attend hearing on Senate legislation to create tougher controls", writer Jeff E. Schapiro.
Where there's smoking in public, there's a firefight among health advocates, tobacco companies and restaurant owners.

"I get the whole Virginia thing about preserving our personal freedom," said Julia Torres Barden of Chesterfield County, holding up a copy of the U.S. Constitution. "But I can't find an article or amendment that guarantees the right to smoke."

Barden, an asthmatic whose 18-year-old son suffers from a genetic disorder that makes his lungs particularly sensitive to smoke, was among an estimated 80 people who turned out last night for a public hearing on state Senate legislation to further restrict smoking in public.

"I don't buy the argument that our state government doesn't have the right to ban smoking in public for fear of trampling on one's personal liberty," Barden said.

The Senate Education and Health Committee is expected to vote on the measures next week.

Lobbyists for the hospitality and tobacco industries are again pressing to derail the bills, saying that restaurants and other businesses should decide whether to go smoke-free.

Restaurants that seat 50 or more patrons are now required by state law to segregate smokers from others.

Gov. Timothy M. Kaine favors tougher controls on smoking in public. In a legislative shootout over restrictions last year, Kaine ultimately vetoed a measure that, at one point, required restaurants that allow smoking to post signs reading "smoking permitted," and in return, do away with non-smoking seating.

Chris Savvides, proprietor of the Black Angus restaurant in Virginia Beach, said his five-decade-old establishment has prohibited smoking since 2006. It's a way, he said, to keep customers and attract others.

Allowing eateries to voluntarily go smoke-free, Savvides said, "is more rapid, more efficient and more equitable."

Barrett Hardiman, government relations director for the Virginia Hospitality and Travel Association -- citing state health department figures -- estimated that two-thirds of Virginia restaurants are either smoke-free or limit smoking.


EXCERPTS FROM The Washington Post, January 10, 2008, Editorial, headlined, "Smoke in Their Eyes -- On Smoking, It's Virginia vs. the World."
FIVE YEARS ago, just two states in the nation banned smoking in bars, restaurants and other workplaces and gathering spots. Today 22 states plus the District and Puerto Rico have adopted such bans ... and that number will rise to 23 when Maryland's prohibition, signed into law by Gov. Martin O'Malley (D) last spring, takes effect Feb. 1.

Memo to Virginia's House of Delegates: Wake up and smell the fresh air.

Last year, the Old Dominion's lower house, which sometimes seems stuck in an older, mustier era, refused to go along with a similar prohibition urged by Gov. Timothy M. Kaine (D). Instead, the House thumbed its nose at the governor, the state Senate and untold thousands of nonsmoking employees and patrons of bars and restaurants around the state. It passed a bill that would have required restaurants that already allow smoking to post a "Smoking Permitted" sign on the door; in return for suffering that terrible hardship, the restaurants would no longer be obliged to offer a nonsmoking section. Mr. Kaine wisely vetoed the bill.

Once, Virginia's pro-smoking lawmakers might have argued that the science on secondhand smoke was inconclusive. They have no such option today, as the ill effects of secondhand smoke are extensively documented. Instead, some lawmakers fall back on the insipid pretext that since most Virginia restaurants already prohibit smoking, there is no use in forcing the rest of them to follow suit. But what of the bartenders and servers and kitchen workers who may have no better employment options and consequently no choice but to work in a smoke-filled workplace? Are their chronic coughs, irritated nostrils and babies with low birth weights simply the collateral damage of the House's obstructionism?

Mr. Kaine, to his credit, signed an executive order in 2006 banning smoking in all state buildings and vehicles. He is pushing to extend the prohibition to bars and restaurants, noting that secondhand smoke kills an estimated 1,700 Virginians every year. It is possible that he may be blocked again this year by lawmakers from places where tobacco remains king. But they should be aware that the tide of history, science and good governance is running strongly against them.

EXCERPTS FROM The Bristol Herald Courier, January 10, 2008, Editorial headlined, "Show courage; pass smoking ban".
For the third year in a row, Virginia lawmakers have the opportunity to strike a blow for better health by banning smoking in restaurants.

We urge them to pass the ban. Lawmakers must stand up for state residents – a majority of whom support the ban – and quit performing acts of obeisance to the tobacco industry.

Big tobacco has greased the skids of Virginia government to the tune of $5.46 million in campaign contributions since 1993. Last year, tobacco companies gave $406,309 to their allies in the state legislature.

Is it any wonder that lawmakers keep killing the smoking ban?

But the battle is about to be joined again. This year the restaurant smoking ban has the backing of Gov. Tim Kaine, who unveiled the proposed legislation on Monday. Kaine’s support has been squishy in the past.

In an improbable, but praiseworthy, turn of events, Tennessee lawmakers summoned the courage to pass a broad workplace smoking ban last year. Volunteer State restaurants officially went smoke-free in October.

Dining out in Tennessee is now a more pleasant experience. But restaurant patrons aren’t the only beneficiaries of the ban; they’re not even the primary ones. Restaurant workers – who can spend an entire shift inhaling carcinogen-laden air – are the ones who will see the most dramatic health improvements.

The Journal of Occupational and Environmental Medicine reports that food service workers have a 50 percent greater risk of dying from lung cancer than the general population, in part because of second-hand smoke exposure on the job.

Virginia lawmakers have a duty to protect restaurant workers and the general public, including children, from the dangers of second-hand smoke.

The Virginia Senate has twice approved a restaurant smoking ban, but the measure has been killed in the House. In 2006, six House members killed the ban in a committee without a recorded vote. Last year, the ban made it to the House floor, where it was again dispatched.

Two local lawmakers, Sen. Phillip Puckett and Delegate Joe Johnson, voted in favor of the ban in the last session. We applaud their courage.

The rest of the local delegation deserves not applause but closer scrutiny. Delegates Dan Bowling, Bill Carrico, Terry Kilgore and Bud Phillips and Sen. William Wampler voted against the ban.

All of them took money from the tobacco industry. Their haul of tobacco-tainted loot over the past decade breaks down as follows: Wampler, $13,292; Kilgore, $11,600; Phillips, $7,206; Carrico, $4,250; and Bowling, $1,500, according to the Virginia Public Access Project.

The tobacco industry isn’t spreading all this cash around because of its magnanimous spirit. The industry wants to buy influence. So far, the plan seems to be working.

Now, our lawmakers might object to the insinuation that they are selling their votes. Fine. Prove us wrong. Align yourselves with the majority of Virginians, who want to breathe clean air while they dine out. Repudiate big tobacco and its deep pockets. Pass the ban.

EXCERPTS FROM The Bristol Herald Courier, January 10, 2008, headlined, "Local Virginia restaurant operators have mixed view on revived smoking ban efforts", writer Brent Carney.
BRISTOL, Va. – Roy Wesley decided to ban smoking in the Pepperjack Grille after he noticed a shortage of smoke-free restaurants in the area.

Soon, he may see a serious increase in competition with his Bristol Virginia eatery.

An effort to make all restaurants in Virginia smoke-free once again will be pushed by Gov. Tim Kaine in the Virginia General Assembly, which convened Wednesday.

The legislation aims to protect the health of restaurant employees who are exposed to large amount of second-hand smoke while on the job. Yet, the potential for a forced ban has divided area restaurant workers and owners.

The solution seems simple for Elizabeth Justus, the bar manager at Fast Lane, a sports bar in Bristol, Va.

"If you want to be at a restaurant that’s non-smoking, go to a non-smoking restaurant," she said.

Justus guesses that 90 percent of Fast Lane’s customers light up. The negative impact a smoking ban would have on business outweighs the opportunity to work in a healthier environment, she said.

Diners at Wither’s Hardware in Abingdon, Va., can choose to sit in either the smoking or non-smoking sections of the restaurant.

Hazel Ramos-Cano said she wants to see smoking banned in restaurants, although she knows it will cost her business.

"I know it will impact me [financially], I’m not ignorant. But New York and California did it and nobody died," she said.

Virginia would be the 29th state to have legislation forbidding smoking in restaurants. A law prohibiting smoking in all enclosed public areas went into effect in Tennessee on Oct 1.

The "non-smoker protection act" offers a loophole for restaurants in Tennessee to continue to allow smoking if all employees and patrons are at least 21 years old. Kaine’s legislation has no similar stipulations, staff members at the governor’s office said.

The governor’s new proposition, announced Monday, builds on a similar bill that failed in the legislature last year. The major change is a more clear, all-encomposing definition of a restaurant.

The bill calls for a ban only in restaurants, which are defined as "any food establishment – including dining establishments of public and private clubs – where food is available for sale and consumption by the public and includes the areas of a restaurant where food is prepared, served or consumed," according to a release on the governor’s Web site.

For now, restaurant-goers who prefer a smoke-free environment are left with restaurants that have decided independently to ban smoking, like the Pepperjack Grille.

Angie Wright, a manager at Pepperjack, said she’s not encountered a customer who objected to the no-smoking rules since the restaurant opened two months ago.

EXCERPTS FROM The Daily Press, January 8, 2008, headlined, "Kaine proposes statewide restaurant smoking ban", writer, Dena Potter, Associated Press Writer.
Gov. Timothy M. Kaine called for a statewide smoking ban in restaurants and bars Monday, but excluded outdoor eating areas in hopes that legislators won't again shoot down the proposal.

Kaine tried to implement a ban last year, but lawmakers rejected the measure because they said it was so broad it would have ended smoking at county fairs, hot dog stands and anywhere people pay for prepared food.

Kaine's new proposal would ban smoking in areas inside restaurants and public and private clubs where food is prepared, served or eaten but allows businesses to have a smoking section outdoors, unless the exterior can be enclosed.

Opponents argue that decision should be left up to businesses.

"I think that the restaurant community and the business community in general still remain opposed to the governor's proposal," said Tom Lisk, a lobbyist for the Virginia Retail Merchants Association and the Virginia Hospitality and Travel Association.

Kaine announced his proposed ban at a smoke-free Virginia Beach restaurant. He was joined at the Hot Tuna Bar & Grill by local elected officials, public health advocates and a group that represents restaurants in the city in calling for the ban as a means to protect workers and patrons from secondhand smoke.

"The scientific evidence about the health risks associated with exposure to secondhand smoke is clear and convincing," Kaine said.

Levels of secondhand smoke in restaurants and bars are two to five times higher than in residences with smokers and two to six times higher than in office workplaces, according to the American Lung Association.

Secondhand smoke is responsible for 1,700 deaths per year in Virginia , the state Department of Health estimates. Virginia also spends an estimated $124.9 million a year on health care related to secondhand smoke exposure, according to the Campaign for Tobacco-Free Kids.

Philip Morris spokesman Bill Phelps said restaurant owners, not the government, are most familiar with how to accommodate their patrons.

"We agree that people should be able to avoid being around secondhand smoke, especially in places where they must go ... but we maintain that complete bans go too far," Phelps said.

Sen.-elect Ralph Northam, D-Norfolk and a pediatric neurologist, will sponsor Kaine's proposal in the Senate.

Del. David Englin, D-Alexandria, filed a bill last week that would allow localities to decide whether to ban smoking in restaurants.

Englin said he would love to see a statewide ban, but he wanted at the very least to allow communities to decide for themselves.

"I live in a community that has been trying to ban smoking in restaurants for a long time, but because of the way the state law works we don't have the power to do that, so at a minimum localities should be able to do that themselves," he said.

The General Assembly passed legislation last year that would have required restaurants that allow smoking to post a "Smoking Permitted" sign on the door, and in return they would no longer have to offer a nonsmoking section.

Kaine amended the bill to ban smoking in restaurants statewide. The House of Delegates voted 59-40 to reject the amendment, so Kaine vetoed the bill.

EXCERPTS FROM The News Virginian, January 8, 2008, headlined, "Governor proposes ban on smoking", writer Bob Stuart.
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 ... 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.

EXCERPTS FROM The Roanoke Times, January 8, 2008, headlined, "Kaine revives ban on smoking; Morgan Griffith, the House majority leader, said the real challenge lies in drafting a bill", writer Michael Sluss, contribution from Christina Rogers.
Gov. Tim Kaine called for a statewide ban on smoking in restaurants Monday, saying Virginia must protect workers and diners from the perils of secondhand smoke.

Kaine's proposal continues a debate that has grown in intensity over the past two years, but this is the first time the governor has taken the lead on the issue. Kaine made his latest pitch for a smoking ban just two days before the General Assembly begins its 2008 session.

"The scientific evidence about the health risks associated with exposure to secondhand smoke is clear and convincing," Kaine said in a prepared statement. "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 announced his proposal at Hot Tuna Bar & Grill, a smoke-free restaurant in Virginia Beach. The restaurant's co-owner supports a smoking ban, and some Hampton Roads localities are seeking legislative approval to impose their own smoking restrictions.

Virginia has a rich tobacco heritage, but support for indoor smoking restrictions has increased in recent years because of health concerns associated with secondhand smoke. The issue has generated heated debate in each of the past two legislative sessions.

The Senate passed a broad indoor smoking ban in 2006, but a House of Delegates subcommittee killed the bill. The bill's sponsor, Sen. Brandon Bell, R-Roanoke County , was defeated in a primary last year by Sen.-elect Ralph Smith, R-Botetourt County .

Kaine made an eleventh-hour push for a restaurant smoking ban last year by rewriting a House bill sponsored by Del. Morgan Griffith, R-Salem. The House rejected Kaine's proposal, with opponents arguing that it would have applied to venues such as hot dog stands and catered receptions that fall under the state's definition of a restaurant.

Kaine's new proposal would narrow the definition of a restaurant so that smoking would be prohibited in dining establishments, including public and private clubs where food is prepared, served or eaten. Exterior dining areas and catered events would be exempt from the smoking ban, according to the governor's office. Violators could face civil penalties.

"The real issue is going to be how it's drafted," said Griffith , the House majority leader.

Griffith sponsored a bill last year that would have eliminated requirements for restaurants to have nonsmoking sections and prevented them from allowing smoking unless they posted "smoking permitted" signs at every entrance. Kaine vetoed the bill after the House rejected his changes.

Antismoking advocates applauded Kaine's proposal while holding out hope that lawmakers will support a comprehensive indoor smoking ban. Del. Phil Hamilton, R-Newport News, has introduced legislation to ban smoking in most indoor public places.

Tom Lisk, a lobbyist for the Virginia Hospitality and Travel Association, said the state should not single out restaurants if secondhand smoke is a public health concern. Lisk said about two-thirds of the association's members, including those that voluntarily ban smoking, oppose a restaurant-only prohibition.

Bruce Morrow, owner of the Community Inn Restaurant in Roanoke , said the law should not be changed.

"I think I'd leave the darn thing alone," he said. "Let the people make up their own minds. Don't force it down somebody's throat."

But Nikki Henry, general manager at Awful Arthur's Seafood Company in downtown Roanoke , said she would not object to a smoking ban "as long as it's even across the board."

"As long as we're in the same boat as all the other restaurants in the valley, we're happy," she said.

Asked whether she feels employees of the restaurant are bothered by the smoke, Henry said: "The folks we have here, they're used to it, especially in a place like ours where the bar is so close. They know when they walk in and apply for the job what they're getting into. Customer-wise, there are a lot of people that would like to see them [restaurants] nonsmoking."

EXCERPTS FROM The Danville Register & Bee, January 8, 2008, headlined, "Will ban proposal go up in smoke?", writer, Bernard Baker.
Gov. Timothy M. Kaine’s plan to ban smoking in restaurants would give the state government too much of a Big Brother image, according to local Republicans.

Kaine’s latest proposal would apply to public and private dining establishments. The bill states that secondhand smoke kills too many people and costs taxpayers millions in health care.

Last year, the governor signed an executive order banning smoking in all state buildings and vehicles to reduce health risks in the workplace.

Delegate Donald Merricks, R-Pittsylvania County , doesn’t smoke, but said he doesn’t think it’s the government’s business to take on theissue.

Merricks said the ban could hurt a restaurant’s customer base by alienating smokers. He said if smoking is a concern, it’s better to leave the decision about where to dine up to the customer.

Delegate Danny Marshall, R-Danville, said restaurants already have the option of banning smoking without the government’s involvement.

“Does the government need to tell citizens and businesses what to do?” Marshall asked.

The governor, however, contends the risk factors of secondhand smoke warrant the government’s attention.

“The scientific evidence about the health risks associated with exposure to secondhand smoke is clear and convincing,” Kaine said in a prepared statement. “Recognizing the negative health effects and high public costs of secondhand smoke, Virginia must act to protect the workers and consumers in its restaurants.”

Secondhand smoke is responsible for about 1,700 deaths each year and costs about $125 million in health-related expenses, according to the Virginia Department of Health.

Kaine said restaurant and bar secondhand smoke levels were two to five times higher than in residences with smokers and two to six times higher than in office workplaces.

Food service employees are at a 50 percent greater risk of dying from lung cancer than the general population due to secondhand smoke exposure in the workplace, according to a news release from the governor’s office.

Kaine’s proposal would exempt a restaurant with an exterior dining area, unless the area can be enclosed.

Clifton Glasscock, general manager of Buffalo Wild Wings, said a ban wouldn’t hurt the restaurant’s business because people could smoke on the patio. He said the move could drive people to restaurants that have outdoor areas for smoking.

Bill Kirios, owner of Schoolfield Lunch, said he has a lot of customers who smoke in his restaurant, but there are a lot who don’t smoke.

“If the governor says ban all smoking, I’ll abide by the law,” Kirios said Monday. “Until then, I’ll leave it just the way it is.”

Poogie Scearce, owner of Poogie’s Buffet & Grill in Ringgold, doesn’t allow smoking inside.

There’s a table outside of the restaurant with a container for cigarette ashes.

Scearce, who opened her restaurant in the same building that used to house Burner’s, said most of her customers thank her for not changing the smoking policy.

“I’ve only had one couple leave when they found out we didn’t allow smoking,” Scearce said.


2008 News Coverage, articles excerpted
    Quick Background:
In late 2007, Virginia Governor Timothy Kaine announced he would propose legislation to ban smoking in all restaurants.  Senators Mamie Lock and Ralph Northam are carrying his bill, SB 501.   As of February 5th, it has passed the full Senate and is headed to House Speaker Howell to assign it to a House committee.

Much earlier -- in January-February 2007, Delegate Morgan Griffith carried the Philip Morris supported bill which would have eliminated part of a state law that restaurants of 50 seats or more which are not smoke-free must at a bare minimum have a no-smoking section.  Griffith's bill passed both houses in 2007, but was amended by Kaine to make all restaurants totally no-smoking, but the House defeated the amendment, and Kaine vetoed the original bill.

2008 Legislative session -- see bills  & Alert above.
The Virginian Pilot, January 22, 2008:  "Suit's retreat on smoking clouds chances of ban"
The Richmond Times-Dispatch, January 25:  "Several types of smoking-ban bills in play"
The Daily Press (AP article), February 5, online mid-day (also 6):  "Virginia Senate OKs broad public smoking ban"
The Roanoke Times, February 6:  "Smoking bills win approval"
The Roanoke Times, February 5:  "Smoking bills clear state Senate"
The Virginian-Pilot, February 6:  "Anti-smoking bills pass in Senate"
The Virginian-Pilot, February 5:  "Smoking bans pass Virginia Senate"
The Richmond Times-Dispatch, February 6:  "Senate passes smoking bans"
The Richmond Times-Dispatch, February 5:  "Senate passes curbs on smoking"
The Roanoke Times, January 31, online mid-day:  "Senate committee passes series of smoking ban bills"
The Roanoke Times, February 1:  "Panel passes bills banning smoking in public"
The Daily Press (AP article), January 31, online mid-day:  "Senate committee votes to ban smoking in most public buildings"
The Daily Press, February 1:  "Senate ban could go up in smoke"
The Virginian-Pilot, January 31, online mid-day:  "Statewide public smoking ban passes out of Senate committee"
The Virginian-Pilot, February 1:  "Restaurant smoking ban comes a step closer to law"
The Richmond Times-Dispatch, online, January 31:  "Bills to crack down on smoking advance"
The Richmond Times-Dispatch, February 1:  "Smoking ban bills advance in VA Senate"
The Washington Post, January 31:  "Man with heart condition wants smoke-free eateries ..."
The Washington Times, January 28:  "Virginia smoking suit cites ADA"
The Roanoke Times, January 29:  "[Senate] Subcommittee OKs indoor smoking ban, most restrictive of 3"
The Bristol Herald Courier, January 31, 2008, Editorial, "A firm stand on public smoking"
The Daily Press (AP article), January 27:  "Smoking in restaurants comes under fire in state built on tobacco"
The Richmond Times-Dispatch, January 22: "Proposal on public smoking debated; About 80 attend hearing on Senate legislation to create tougher controls"
The Washington Post, January 10:  Editorial, "Smoke in Their Eyes -- On Smoking, It's Virginia vs. the World"
The Bristol Herald Courier, January 10:  Editorial, "Show courage; pass smoking ban"
The Bristol Herald Courier, January 10:  "Local Virginia restaurant operators have mixed view on revived smoking ban efforts"
The Daily Press (AP article), January 8:  "Kaine proposes statewide restaurant smoking ban"
The News Virginian, January 8:  "Governor proposes ban on smoking"
The Roanoke Times, January 8, 2008:  "Kaine revives ban on smoking"
The Danville Register & Bee, January 8:  "Will ban proposal go up in smoke?"


EXCERPTS FROM The Virginian-Pilot, January 22, 2008, Editorial Page, headlined, "Suit's retreat on smoking clouds chances of ban", writer not given.
Advocates of a ban on smoking in all Virginia restaurants were delighted to see a new and seemingly friendly face this year at the helm of a legislative committee that knocked the wind out of their public health campaign last year.

Del. Terrie Suit broke with most members of her party in April 2007 when the Virginia Beach Republican supported a statewide ban proposed by Gov. Tim Kaine.

The measure failed, but this year Suit has the opportunity to play a crucial role in the debate as the new chairwoman of the House General Laws Committee.

Unfortunately, the rise to power has clouded Suit's judgment. Now she opposes the smoking ban she backed last year, a position that puts her at odds with her constituents, the municipal leaders in the cities she represents and even the restaurant associations.

Suit says she now believes enough restaurants have gone smoke-free that government regulation is no longer necessary.

That's nonsense, and none other than the Virginia Beach Restaurant Association says so. Local business owners insist the only way to protect the health of their customers and their employees is to have a consistent policy for all eating establishments. ...

Last year's proposed smoking ban jogged through the state Senate only to be snuffed out by a six-member subcommittee of General Laws. The chairman at the time refused to order a hearing by the full committee.

Suit has sent four smoking ban measures to the same subcommittee, which includes Del. John Cosgrove of Chesapeake and is led by Del. Tom Gear of Hampton, both strong opponents of a ban.

Suit says she won't try to revive the measure if it dies in the subcommittee again, a near certainty.

She's in a ticklish spot, caught between what's politically popular at home and what's politically necessary in Richmond. Suit is beholden to Speaker Bill Howell, an opponent of the statewide ban, for her new leadership post, and it will be tough to defy him. She insists he has applied no pressure on her to change her position.

Suit's greatest obligation is to her constituents, who want a smoking ban. At a minimum, she should use her post so the ban gets aired before the full committee and the votes are recorded.

Suit is in a position to make that happen. She should take this opportunity to use her gavel for a good cause.


EXCERPTS FROM The Richmond Times-Dispatch, January 25, 2008, with sidebars on types of laws and business impact, main article headlined, "Several types of smoking-ban bills in play", writer John Reid Blackwell.
Legislators are considering bills that would allow Virginia to join other states that have passed smoke-free workplace or restaurant laws, but the chances for approval seem dim again.

The state Senate has passed indoor-smoking bans for two straight sessions, ... the legislation faces a dead end in the House of Delegates, where a six-member subcommittee has killed indoor-smoking bills.

A proposal by Gov. Timothy M. Kaine to ban smoking in restaurants made it to a full vote on the House floor last year but failed, 59-40, after opponents argued Kaine's proposal was too broad.

Anti-smoking bills in the House could face a familiar scenario -- Speaker William J. Howell has referred them to the General Laws Committee.

That panel is chaired by Del. Terrie L. Suit, R-Virginia Beach, who voted in favor of Gov. Timothy M. Kaine's proposed restaurant smoking ban last year.

This year, however, Suit has referred indoor-smoking bills to the panel's Alcoholic Beverage Control/Gaming subcommittee. That panel has been unfriendly to indoor-smoking legislation, and its chairman, Del. Thomas D. Gear, R-Hampton, says he sees no reason to think that will change.

"If anything, I am more solidified than ever that government should not be doing this," Gear said. "Two of my favorite restaurants have gone smoke-free [voluntarily]. Let the owners do what their customers want."

Supporters of a ban believe the bills should go to a different committee, such as Health, Welfare and Institutions, in hopes of getting it to a vote of the full chamber.

"We think it is going to pass the Senate easily, which just adds to the outrage of what is happening in the House," said Hilton Oliver, executive director of Virginia GASP, or Group to Alleviate Smoking in Public.

"The issue of smoking in restaurants has nothing to do with ABC and gaming, but it has a whole lot to do with health," Oliver said. "They are playing games there [in the House], no question about it."

All the bills must advance through committees before reaching the Senate or House floors. In the Senate, the bills have been referred to the Education and Health committee.

EXCERPTS from The Daily Press, February 5, 2008 afternoon, online, headlined, "Virginia Senate OKs broad public smoking ban", writer, Larry O'Dell, Associated Press.
Smoke 'em if you've got 'em. Just don't do it inside a public building.

That was the message sent Tuesday by the Virginia Senate, which voted 23-15 to pass legislation to ban smoking in most indoor public places.

The Senate also passed more narrow restrictions ... including two local-option bills and one backed by Gov. Timothy M. Kaine to prohibit smoking in restaurants and bars statewide. All four anti-smoking bills now go to the House of Delegates, which last year rejected a restaurant smoking ban.

Sen. Mary Margaret Whipple's bill would prohibit smoking not only in restaurants, but also in banks, sporting arenas, shopping malls and most other public places. It exempts hotel rooms designated for smoking, specialty tobacco stores and private rooms in nursing homes and other long-term care facilities.

Whipple, D-Arlington, said science clearly shows that secondhand smoke is a health hazard. She said that while smoking kills about 9,000 Virginians a year, exposure to secondhand smoke claims an additional 1,000.

Opponents of the bill objected to a provision that allows local governments to pass restrictions even tougher than those imposed by the state. Sen. Stephen Newman, R-Lynchburg, said localities could even ban smoking in private homes and cars.

Without debate, the Senate also voted 28-10 to pass the bill banning smoking in restaurants and bars. Sen. Mamie E. Locke, D-Hampton and co-sponsor of the bill, noted that the ban does not cover outdoor eating and drinking areas.

The other two bills approved Tuesday would allow localities to enact smoking ordinances and give some Hampton Roads localities the authority to enact bans.

Health advocates have lobbied for the restrictions, while lobbyists for restaurants, hotels, businesses and the tobacco industry have opposed them, arguing that smoking policies should be left to business owners.

Tobacco companies and tobacco growers contributed $287,000 to candidates in the 2007 House of Delegates and state Senate elections, while restaurants gave about $218,000, according to the Virginia Public Access Project, an independent, nonprofit tracker of money in state politics.

EXCERPTS from The Roanoke Times, February 6, 2008, headlined, "Smoking bills win approval; A series of Senate bills suggest ideas from specific smoking bans to letting localities decide", writer, Mason Adams.
The Virginia Senate approved a series of four bills Tuesday that would ban smoking in restaurants and other buildings, either on a locality-by-locality basis or statewide.

The four bills received varying amounts of support, with a local option bill that provides counties, cities and towns the right to regulate smoking receiving the most votes, and the most comprehensive bill that bans smoking in most public places receiving the fewest. ...

The bills now go to the House of Delegates. The House has killed similar legislation at the committee level the past few years. A House General Laws subcommittee is scheduled Thursday to take up similar, delegate-sponsored bills to ban smoking.

Most of Tuesday's debate on the Senate floor focused on SB 298, the most restrictive bill. Its sponsor, Sen. Mary Margaret Whipple, D-Arlington, cited a 2006 U.S. Surgeon General's report strongly condemning secondhand smoke and a recent survey showing that 75 percent of Virginia voters support no smoking inside all public buildings and workplaces, including offices, restaurants and bars.

Opponents of the smoking bans have argued that they trample the private property rights of business owners, who should decide whether to go smoke-free. They have said that the free market should solve the problem, not the government.

Several senators took a different approach during the floor debate Tuesday, choosing to focus less on the philosophical problems and instead on language in Whipple's bill.

Sen. Ken Cuccinelli, R-Fairfax County, argued that a line prohibiting the formation of clubs to get around the law violated the right to assemble found in the Bill of Rights.

Sen. Steve Newman, R-Lynchburg, also disagreed with the bill. He questioned one section that requires all ashtrays -- even decorative ones -- be removed from areas where smoking is prohibited, and was alarmed by a section that would allow localities to pass even stricter smoking bans.

"It says anywhere in this commonwealth, in your district and in ours, we can come up with a piece of legislation that says you can outlaw smoking in your own home. You can outlaw smoking in your own car as you're driving through unaware," Newman said.

Nevertheless, the bill was approved by an eight-vote margin -- one more than for a similar bill carried by then-Sen. Brandon Bell last year.


EXCERPTS from The Roanoke Times, February 5, 2008, afternoon online, headlined, "Smoking bills clear state Senate", writer, Mason Adams.
The Virginia Senate voted this afternoon to approve a slate of bills to restrict smoking in restaurants and other places.

Three bills, all of which were approved, offered three different alternatives:
    * Ban smoking in all areas except for private homes, cars, private clubs, motel rooms designated for smoking, specialty tobacco stores, tobacco manufacturers and certain rooms in nursing homes and long-term care facilities. This bill passed on a 23-15 vote.
    * Ban smoking in restaurants and bars. This bill passed on a 28-10 vote.
    * Offer counties, cities and towns the option to pass ordinances banning smoking within their boundaries. This bill passed on a 29-9 vote.

A fourth bill, which would give ... the city of Chesapeake the option to ban smoking in restaurants, also passed the Senate.

All four bills now go to the House of Delegates, which has in the last few years killed similar bills at the committee level.

EXCERPTS from The Virginian-Pilot, February 6, 2008, headlined, "Anti-smoking bills pass in senate, move on to house", writer Julian Walker.
A bill to significantly restrict smoking in most public places, and three other bills that would ban smoking in restaurants, all advanced out of the Senate on Tuesday.

The most far-reaching of the bills is legislation introduced by Sen. Mary Margaret Whipple, D-Arlington. Her measure, SB298, would ban smoking in most public places, including restaurants and was approved, 23-15-1. It includes language to let localities adopt ordinances for their communities that place even more restrictions on smoking.

The three other bills that advanced ban smoking in restaurants. All are sponsored by members of the Hampton Roads delegation.

Sens. Mamie Locke, D-Hampton, and Ralph Northam, D-Norfolk, are jointly pushing SB501, a measure that would prohibit smoking in restaurants and bars across the state but makes an exception for facilities with outdoor areas that aren't enclosed.

It was approved 28-10-1.

Sen. Fred Quayle, R-Suffolk, has a bill, SB202, that would permit any locality to adopt a smoking ban in restaurants; while SB347, a bill from Sen. Harry Blevins, R-Chesapeake, is crafted specifically to give Hampton Roads communities a local option.

All four bills received affirmative votes from every member of the Hampton Roads delegation, but there was debate about the scope of Whipple's SB298.

Sen. Ken Cuccinelli, R-Fairfax, was critical of Whipple's bill, saying that, in addition to curtailing smoking in public places, the measure targets people who privately gather to smoke together.

"This specifically targets attempts by the distinct minority of folks, even in Virginia, to have smoking clubs... an otherwise legal undertaking," he said, calling the language an unconstitutional restriction on the right of free association.

Citing data from medical studies about the negative health effects of secondhand smoke, Whipple said "it is time to take this important public health measure."

A public place, as defined in her bill, would include restaurants and bars, school buildings, child care facilities and recreational facilities.

The Whipple bill would require properties where smoking is prohibited to post signs indicating as much and to remove all ashtrays and related paraphernalia. Fines for violators would range from $100 to $500.

Locke said the bill she and Northam are sponsoring would ban smoking in restaurants and bars but would provide an exception for outdoor areas that are not enclosed. Like Whipple's bill, it would require that "no smoking" signs be posted. The bill carries a $25 penalty for violations.

Quayle said SB202 allows any locality in the state to adopt a local restaurant smoking ban.

Blevins' SB347 would provide the local option to Hampton Roads communities.

All four bills now advance to the House of Delegates.

EXCERPTS from The Virginian-Pilot, February 5, 2008, late afternoon online, headlined, "Smoking bans pass Virginia Senate", writer, Julian Walker.
The Virginia Senate passed legislation today that would ban smoking in almost all public places and give local governments the power to expand the ban to other facilities.

The proposal, SB298, is one of four ... passed today that provide different levels of smoking bans. The others include:
SB501, which would ban smoking in restaurants but make an exception for outdoor areas of an establishment.

SB202, which would given a local government the option to approve its own smoking bans.

SB347, which would give only local government in the Hampton Roads area the power to ban smoking.

The bills now go to the House of Delegates for consideration.

EXCERPTS from The Richmond Times-Dispatch, February 6, 2008, headlined, "Senate passes smoking bans; The three bills would bar smoking in most indoor public places", writer, Jim Nolan.
The state Senate yesterday adopted three anti-smoking bills of varying restrictions ...

Senate Bill 298, the most comprehensive measure approved, would prohibit smoking "indoors in most buildings or enclosed areas frequented by the public." It covers banks, sports arenas, restaurants and shopping malls.

The bill, sponsored by Sen. Mary Margaret Whipple, D-Arlington, would require "No Smoking" signs to be posted where smoking is prohibited and subject violators to fines from $100 to $250. Proprietors of businesses not exempted from the ban would face fines ranging from $200 to $500.

Exceptions to the law would include private homes or residences, cars and home businesses, unless they are related to child care or health care. Private clubs would also be excluded from the smoking ban, as well as designated smoking rooms in hotels, tobacco stores and certain rooms in nursing homes.

"The science is clear," Whipple told her Senate colleagues, citing recent statistics on the health effects of second-hand smoke. "It's time we take this important public health measure" and adopt it.

The bill passed by a vote of 23-15, but not before a handful of Republican senators tried to defeat the measure.

"It's a direct violation of the rights of Americans to perform a perfectly legal activity," said Sen. Ken Cuccinelli, R-Fairfax, who questioned the bill's constitutionality.

Sen. Stephen H. Martin, R-Chesterfield, and Sen. Stephen D. Newman, R-Lynchburg, said the proposed law was too broad and could be interpreted to impose smoking restrictions in private settings.

With less opposition, the Senate passed two other bills that would place narrower limits on restricting smoking in public places.

Senate Bill 501, proposed by Gov. Timothy M. Kaine and carried in the Senate by Sens. Mamie E. Locke D-Hampton, and Ralph S. Northam, D-Norfolk, would prohibit smoking in any enclosed public food establishment, bar or lounge area in the state, with the exception of private clubs. The bill passed 28-10.

On a 29-9 vote, senators approved Senate Bill 202, sponsored by Sen. Frederick M. Quayle, R-Chesapeake. His so-called "local option" bill would give any locality in Virginia the authority to adopt an ordinance restricting smoking in restaurants.

EXCERPTS from The Richmond Times-Dispatch, February 5, 2008, 1:47 pm, online, headlined, "Senate passes curbs on smoking", writer, Jim Nolan.
The state Senate today passed bills that would further restrict smoking in public spaces in the state.

By a vote of 29-9, with one abstention, lawmakers approved Senate Bill 202 proposed by Sen. Frederick M. Quayle, R-Suffolk, which would give local communities the option of enacting no-smoking laws in restaurants.

The Senate also approved a broader and more comprehensive measure ... Senate Bill 298, sponsored by Sen. Mary Margaret Whipple, D-Arlington, covers banks, sports arenas, restaurants and shopping malls.

Several Republican senators rose in opposition to the bill, saying it was too broad in its application and threatened the right of free association.


EXCERPTS from The Washington Post, January 31, 2008, headlined, "Man With Heart Condition Wants Smoke-Free Eateries; Suit Invokes ADA In Push for a Ban", writer Jerry Markon.
James Bogden wanted to use the courts to force Virginia restaurants to become smoke-free, but he could never find the right plaintiff to file a lawsuit.

Until one day in 2006, when Bogden had a heart attack and realized he had his man: himself.

"My heart attack happened, and voilà ," said Bogden, a public health educator and anti-smoking activist. "I decided to make some lemonade out of a lemon."

Bogden is the plaintiff in a lawsuit filed against four local restaurants in U.S. District Court in Alexandria. The suit seeks to require the restaurants to become smoke-free, arguing that they must accommodate Bogden's disability, coronary artery disease, and eliminate secondhand smoke so he can eat at them. Each of the restaurants allows smoking in designated areas.

Lawyers said that it's rare to ask a judge to intervene in the debate over smoking in restaurants and bars and that the suit is unusual because Bogden is not seeking monetary damages beyond his court costs. After his doctor warned him to avoid secondhand smoke, all Bogden wants is an order requiring the restaurants to ban smoking.

Asked why he doesn't eat at smoke-free restaurants, Bogden, who filed his claim under the Americans With Disabilities Act, said those establishments are hard to find.

"And I shouldn't have to do that," he said. "The ADA says restaurants can't discriminate against a person with a disability."

Exactly what the ADA requires is at the heart of the legal argument. Attorneys for the restaurants -- Clyde's at Mark Center and Denny's in Alexandria, Harry's Tap Room in Arlington and Mike's American Grill in Springfield -- are asking a judge to dismiss the case, arguing that Bogden's heart condition does not make him disabled under the ADA.

The lawsuit is "a thinly veiled attempt to compel this Court to improperly usurp the functions of the Virginia legislature," the restaurants argued in their motion for dismissal, filed this month. A judge will hear arguments on that motion Feb. 8. The lawsuit, which seeks class-action status, was filed in November.

The case comes as debate over smoking in public places is escalating in Virginia. Gov. Timothy M. Kaine (D) proposed a statewide ban on smoking in bars and restaurants in his State of the Commonwealth address this month; legislators rejected a similar proposal last year. More than 20 states and the District have such bans, and one will take effect next month in Maryland .

If Bogden's lawsuit is successful, he said he wants to use it as a model that could be replicated elsewhere in Virginia and other states.

Bogden, 51, works for the National Association of State Boards of Education in Alexandria , where his specialty is helping schools design policies to promote better health.

He is a board member of Smokefree DC , which pushed for the restaurant smoking ban in the District.  A few years ago, before the D.C. ban was enacted, Bogden and the group's attorney, J.P. Szymkowicz, began discussing a strategy to use the courts to force such a ban in the District. The two later turned their attention to Virginia.

Without a plaintiff, there was no lawsuit until after Bogden began feeling chest pains while running on a treadmill in January 2006.

"I thought I had strained my chest muscles," said Bogden, who walked around for four days with intermittent chest pains before going to George Washington University Hospital in the District, where he lives.

The diagnosis was a moderate heart attack. Doctors performed an angioplasty and warned Bogden to avoid secondhand smoke because he had coronary artery disease. The smoke is especially dangerous for him, doctors said, because of his family history. His father developed heart disease at age 45, and his mother died of a heart attack at 61.

Through the lawsuit, Bogden also thought he could help publicize the results of a 2006 report by the U.S. surgeon general. It found that the health effects of secondhand smoke are much more pervasive than previously thought and that it dramatically increases the risk of heart disease and lung cancer in nonsmokers.

For his targets, Bogden chose restaurants where he had eaten before his heart attack. He liked them, he said, but is now reluctant to patronize the establishments because he thinks they are too smoky.

"He has had to decline invitations from co-workers and business associates to go to these restaurants," said Szymkowicz, who is representing Bogden in the case. "All of these restaurants have good food; so if he likes the food and atmosphere in a particular restaurant, why should he have to go somewhere else?"

The lawsuit says Bogden "attempted to patronize" each of the restaurants on various occasions since his heart attack but had to leave because he could smell smoke.

"There was no immediate physical effect apart from sensing that there was smoke," he said, "but it was the knowledge that I'm walking around with this ticking time bomb in my heart, and smoke is one of the things that could trigger it."

Bogden said he was able to eat at Mike's American on one occasion since his heart attack, when there apparently was no secondhand smoke.

The lawsuit also cites information from an air-pollution specialist working for Bogden's team who covertly measured the air quality at the four restaurants using a device about half the size of a shoebox.

The expert found that all the restaurants "were contaminated with secondhand smoke" and that "the smoke levels which Mr. Bogden would encounter by patronizing these venues would place him at risk," the lawsuit said.

EXCERPTS from The Washington Times, January 28, 2008, headlined, "Virginia smoking suit cites ADA", writer Jen Haberkorn.
James Bogden, 51, says four Northern Virginia restaurants are violating the Americans with Disabilities Act (ADA) by allowing smoking. Mr. Bogden has suffered a heart attack and has coronary artery disease. He says he can't safely patronize the restaurants because secondhand smoke can increase his risk of another heart attack.

He claims the disease limits his "major life activities," as defined by the ADA, and that by allowing smoking, the restaurants discriminated against him on the basis of his disability, according to his complaint.

The suit was filed against Harry's Tap Room of Arlington, Mike's American Grill of Springfield and Denny's and Clyde's of Alexandria.

The restaurants argue in their motion to dismiss the suit that Mr. Bogden is not disabled under the ADA definition. They also say they aren't discriminating because if secondhand smoke is harmful to everyone, as Mr. Bogden says, then everyone is exposed to risk if they enter the restaurant.

They also say that the suit is a "thinly veiled attempt" to bypass the state legislature, which has already voted against a statewide smoking ban. However, Democratic Gov. Tim Kaine said earlier this month that he wants to pass a statewide smoking ban this session.

Mr. Bogden's suit is an unusual legal move, but there have been a few similar cases in the past, according to a Connecticut Law Review article published last month.

On the other side of the Potomac, in 1997, three women with asthma sued Ruby Tuesday's restaurants in Gaithersburg and Rockville and a Red Lobster in Rockville. They said their asthma prevented them from enjoying the restaurants as other people could. The case was settled out of court.

EXCERPTS from The Roanoke Times, January 31, 2008, headlined, "Senate committee passes series of smoking ban bills", writer Mason Adams.
The Senate Committee on Education and Health passed a series of bills this morning that offer legislators and local officials a variety of ways to ban smoking in public areas such as restaurants.

The three bills, each approved by a 12-3 vote, offer three approaches:
- Ban smoking in all areas except for private homes, cars, private clubs, motel rooms designated for smoking, specialty tobacco stores, tobacco manufacturers and certain rooms in nursing homes and long-term care facilities.
- Ban smoking in restaurants and bars.
- Offer counties, cities and towns the option to pass ordinances banning smoking within their boundaries.

“This is not a business issue, this isn’t a property rights issue,” said Sen. Janet Howell, D-Fairfax County. “This is a health issue.”

Any bill to ban smoking faces large obstacles, particularly in the House of Delegates. Each of the last two years, proposed smoking bans have been killed by House committees.

Barrett Hardiman, speaking for the Virginia Hospitality and Travel Association, said that according to the state health department, two-thirds of Virginia restaurants are already smoke-free.

“There are choices out there for people who want to dine or work in a non-smoking environment,” Hardiman said.

But ban advocates said the three bills address a major health issue: secondhand smoke. The U.S. Surgeon General issued a report last year saying there was no safe exposure. Ban advocates also cited a poll released Wednesday showing that 75 percent of Virginia voters favor a statewide law prohibiting smoking inside all public buildings and workplaces.

Megan Rash, a Randolph Macon College student from Danville who has worked in several different restaurants, told the committee her health had suffered because of her job.

“Our health is put on the line for a standard wage of $2.13 per hour,” she said.

“We don’t get paid enough to put our health, and ultimately our lives, on the line. For many of us, working in a restaurant is not a choice, it’s the best way we know to make a living."

Senate Majority Leader Richard Saslaw, D-Fairfax County, said the state has a right to intercede in health issues. He said Virginia already tells restaurant owners how to store and prepare food. Saslaw said Whipple’s bill is no different.

“People’s ability and rights to smoke stop at my nose,” Saslaw said. “They don’t have a right to intrude on my space.”

EXCERPTS from The Roanoke Times, February 1, 2008, headlined, "Panel passes bills banning smoking in public; The bills offer different approaches to a smoking ban and now go to the full Senate", writer Mason Adams, contributions from Michael Sluss.
The Senate Committee on Education and Health passed a series of bills Thursday that offer legislators and local officials a variety of ways to ban smoking in public areas such as restaurants.

The three bills, each approved by a 12-3 vote, offer different approaches to smoking:
Senate Bill 298 bans smoking in all areas except for private homes, cars, private clubs, motel rooms designated for smoking, specialty tobacco stores, tobacco manufacturers and certain rooms in nursing homes and long-term care facilities.

SB 501 bans smoking in restaurants and bars.

SB 202 offers counties, cities and towns the option to pass ordinances banning smoking within their boundaries.

"This is not a business issue, this isn't a property rights issue," said Sen. Janet Howell, D-Fairfax County. "This is a health issue."

Any bill to ban smoking faces large obstacles, particularly in the House of Delegates. Each of the past two years, proposed smoking bans have been killed by House committees. Del. Tom Gear, R-Hampton, who chairs the House subcommittee to which the bills will likely head if they're passed by the full Senate, said he hasn't yet read the legislation.

"I always keep an open mind," Gear said. "I've got one of the most open minds in the whole House."

Opponents of the smoking bans argued that they trample on the liberties of the owners of restaurants and other buildings that would be affected. They said the free market is already moving toward more smoke-free restaurants and there's no need for a state-enforced ban.

Glynn Loope, representing the Cigar Association of Virginia, cited the Roanoke City Market area as "living proof of how the free market is supposed to work.

"Every new restaurant that has opened in the Roanoke Valley in recent memory has opened smoke-free," Loope said.

Barrett Hardiman, speaking for the Virginia Hospitality and Travel Association, said that according to the state health department, two-thirds of Virginia restaurants are already smoke-free.

"There are choices out there for people who want to dine or work in a nonsmoking environment," Hardiman said.

But ban advocates said the three bills address secondhand smoke, which they consider to be a major health issue. The United States surgeon general issued a report last year saying there was no safe exposure. Ban advocates also cited a poll released Wednesday showing that 75 percent of Virginia voters favor a statewide law prohibiting smoking inside all public buildings and workplaces.

Megan Rash, a Randolph-Macon Woman's College student from Danville who's worked in several restaurants, told the committee her health had suffered from her job.

"Our health is put on the line for a standard wage of $2.13 per hour," Rash said.

"We don't get paid enough to put our health, and ultimately our lives on the line. For many of us, working in a restaurant is not a choice, it's the best way we know to make a living" Rash said.

Senate Majority Leader Richard Saslaw, D-Fairfax County, said the state has a right to intercede in health issues. He said Virginia already tells restaurant owners how to store and prepare food.

"People's ability and rights to smoke stop at my nose," Saslaw said. "They don't have a right to intrude on my space."

"Yeah, people have choices. But when this state is picking up the health care costs of these people who quote, 'want these choices,' we have the right to intervene, because we're paying for it, and we're paying a heavy, heavy price for it," Saslaw said.

Gov. Tim Kaine also defended the proposed bans Thursday morning during his monthly call-in radio show on the Virginia News Network. A restaurant owner called the program and challenged Kaine on the subject, arguing that his business should not be singled out for a smoking ban.

The governor disagreed, saying, "I think restaurants are different."

"Why not eliminate the rule that says, you know, people have to wash their hands or that they have to wear hairnets in kitchens?" Kaine asked rhetorically. "We do all kinds of things in restaurants and have health expectations in restaurants and send health inspectors into them that we don't send into other kinds of businesses. Why is that? It's because the public wants there to be a heightened sense of health in restaurants."

Last year, after the House passed a smoking bill that did away with no-smoking sections while requiring signs for restaurants that allow smoking, Kaine amended it into an outright smoking ban.

House Majority Leader Morgan Griffith, R-Salem, said Kaine's changes last year make it unlikely that a House committee would work hard to find a compromise if it might be changed again.

"I think there's a real hesitancy to go through that kind of battle again," Griffith said.

EXCERPTS from The Daily Press, Associated Press article, January 31, 2008, headlined, "Senate committee votes to ban smoking in most public buildings", writer Dena Potter.
A broad ban on smoking in most public buildings passed out of a Senate committee Thursday, but senators also passed more narrow restrictions in case the sweeping prohibition doesn't get support.

Members of the Senate Education and Health Committee also approved bills to ban smoking in restaurants and bars, to allow localities to enact ordinances regarding smoking and to give some Hampton Roads localities the authority to enact bans.

Sen. Mary Margaret Whipple's bill would apply to restaurants, banks, sporting arenas, shopping malls and other public places but would exclude hotel rooms designated for smoking, specialty tobacco stores and private rooms in nursing homes and other long-term care facilities.

Her proposal goes further than Gov. Timothy M. Kaine had wanted. Kaine prefers legislation sponsored by Sen. Mamie Locke of Hampton and Sen. Ralph Northam of Norfolk to ban smoking in restaurants and bars, excluding outdoor eating areas.

"That's the only bill he's supporting," Kaine spokesman Gordon Hickey said.

Doctors, health advocates and a waitress who suffers from asthma spoke in support of banning smoking in all public buildings as an effort to protect workers from deadly secondhand smoke. They cited figures suggesting that in addition to the 9,000 Virginians who die each year from smoking, another 1,000 die due to secondhand smoke.

Lobbyists representing restaurants, hotels and businesses argued the decision should be left up to business owners. Two-thirds of the restaurants in Virginia already are smoke-free, they said.

"This is not a business issue. It is not a property-rights issue. It is a health issue," countered Sen. Janet Howell, D-Fairfax.

All four bills passed 12-3. The full Senate could consider them next week.

EXCERPTS from The Daily Press, February 1, 2008; headlined, "Senate ban could go up in smoke; The House hasn't been amenable to public-smoking laws", writer, Hugh Lessig.
A Senate panel on Thursday endorsed a broad anti-smoking bill as well as one aimed at restaurants, but the real test should come next week in the House of Delegates.

Passage in the Senate came after testimony from doctors, activists and Megan Rash, a 20-year-old junior from Randolph-Macon College. She is working her way through school as a waitress and has been sickened by breathing secondhand smoke.

"Smoking is a choice," she said. "Breathing is a way of life."

The broader bill, sponsored by Sen. Mary Margaret Whipple, D-Arlington, would ban smoking in all public places. The restaurant bill is a joint effort from two Hampton Roads Democrats: Mamie Locke of Hampton and Ralph Northam of Norfolk.

Both bills cleared the panel on 12-3 votes and will go to the Senate floor. Passage there would send the measures to their real test: The House General Laws Committee and its subcommittee chaired by Del. Tom Gear, R-Hampton.

Last year, that six-member panel voted unanimously to kill legislation that banned smoking in restaurants and other public places. This year, anti-smoking activists face virtually the same subcommittee; only one member has changed.

"I would be surprised if there were much change from last year," said Gear, when asked how the Senate bills might fare. "I don't think anyone has changed their minds. So I'm assuming the smoking bills are not going to go out of committee."

The decision could effectively happen next Thursday when Gear's panel is set to consider House versions of the anti-smoking bills. That would probably indicate the fate of the Senate bills.

Barrett Hardiman, a spokesman for the Virginia Hospitality and Travel Association, said consumers and workers could choose between smoke-free restaurants and those that allow it.

Most senators on the panel did not buy that argument. Whipple said the rights of smokers are secondary to the right of people to enjoy good health.

Dr. William Hazel Jr., past president of the Medical Society of Virginia, hammered home that point when he listed the ingredients found in secondhand smoke. That includes chemicals found in toilet cleaner, ant poison, lighter fluid, rocket fuel, mothballs, sewer gas, batteries and the radioactive element used to fatally poison a former Russian spy.

"The battle over the evidence has been won," Hazel said. "Exposure to secondhand smoke is a proven health hazard, a serious health hazard and a preventable health hazard."

The Senate panel also endorsed a bill from Sen. Fred Quayle, R-Suffolk, to allow localities to ban smoking in restaurants. Sen. Harry Blevins, R-Chesapeake, won committee approval of a bill that allows his home city to ban restaurant smoking. Gear's subcommittee will consider several House anti-smoking bills ...


EXCERPTS from The Virginian-Pilot, January 31, 2008, online, headlined, "Statewide public smoking ban passes out of Senate committee", writer, Julian Walker.
A bill that would place a far-reaching ban on smoking in most public places advanced out of Senate Education and Health committee this morning.

Sen. Mary Margaret Whipple, D-Arlington, patroned the bill and implored her colleagues on the committee to pass the ban "for the sake of all Virginians."

Fines for violations of the proposed law change would range from $100 to $500 and could be assessed by law enforcement officers.

Several doctors spoke in support of the smoking ban. Speaking in opposition to the ban were representatives of the Virginia Hospitality & Tourism Association and the Virginia Retail Merchants Association.

Whipple's SB298 was forwarded to the full Senate ... by a 12-3 vote.

Two other bills to ban smoking were also heard by the committee today.

Senators Mamie Locke, D-Hampton, and Sen. Ralph Northam, D-Norfolk, jointly sponsored a bill to ban smoking in restaurants. That measure, SB501, advanced on a 12-3 vote.

Sen. Frederick Quayle, R-Suffolk, had a bill that would give local governments the option to adopt ordinances banning smoking in restaurants. His bill, SB202, also advanced on a 12-3 vote.

EXCERPTS from The Virginian-Pilot, February 1, 2008, headlined, "Restaurant smoking ban comes a step closer to law", writer Julian Walker.
The cloud of tobacco smoke that hovers in some restaurants across the state would vanish if a bill sponsored by two Hampton Roads senators becomes law.

A measure being carried by Sens. Mamie Locke, D-Hampton, and Ralph Northam, D-Norfolk, SB501, is the restaurant smoking ban bill that Gov. Timothy M. Kaine supports.

A similar measure failed last year, but Kaine, a Democrat, has banned smoking in state government offices and vehicles.

Northam, a pediatric neurologist, said he narrowed his legislation to give it a greater chance to pass, but he also supports a Senate bill that would ban smoking in most public places.

"In the event that doesn't move forward, I still want the restaurant ban to go forward," Northam said.

Sen. Mary Margaret Whipple, D-Arlington, is the patron of SB298, which would restrict smoking inside most public places.

Barrett Hardiman, director of government relations for the Virginia Hospitality & Travel Association, said such bills would hurt businesses that allow patrons to smoke indoors.

"There's been a discussion of rights, whether or not a smoker's rights trump a nonsmoker's rights," he said. "But there hasn't been any discussion of property owners' rights and business owners' rights and I would ask you to take those into consideration."

A representative from the Virginia Retail Merchants Association also spoke against the bills.

Locke said 25 other states and Washington, D.C., prohibit smoking in restaurants, and those measures have not had an adverse impact on business.

Sen. Richard Saslaw said pro-smoking arguments based on individual rights are invalid when it comes to others' health.

"Their civil rights stop at my nose," he said. "They don't have a right to intrude on my space."

Another smoking ban proposal that advanced Thursday is by Sen. Frederick Quayle, R-Suffolk.

His SB202 would give local governments the ability to adopt smoking bans in their communities if a statewide bill fails.

"Recognizing the realities of what could happen up here, I would at least like to give the localities in the Hampton Roads area (the ability) to enact a ban if there are other areas of the state who don't want it," Quayle said.


EXCERPTS from The Richmond Times-Dispatch, online, January 31, 2008, headlined, "Bills to crack down on smoking advance", no writer given.
The Senate Education and Health Committee this morning ushered along several bills that would make it tougher to light up.

One measure favored by Gov. Timothy M. Kaine, Senate Bill 501, would put in place statewide a ban on smoking in many public places, including restaurants.

Senate committee approval was expected, and the bill is likely to clear the full Senate. Additional controls on smoking in public run into trouble in the more conservative House of Delegates. That's where such restrictions were snuffed out last year.

EXCERPTS from The Richmond Times-Dispatch, February 1, 2008, headlined, "Smoking-ban bills advance in Va. Senate; Several measures try different ways to restrict smoking", writer, Jeff E. Schapiro.
Legislation banning smoking in public is headed to the Virginia Senate but could be snuffed out in the House of Delegates.

The Senate Education and Health Committee yesterday backed several bills making it harder to light up, though each takes a different approach.

Playing out in a state where tobacco was once king, the fight over smoking in public largely pits health-care advocates against the hospitality industry.

Doctors say cutting exposure to secondhand smoke saves lives. Some restaurateurs counter that they should be free to accommodate patrons who smoke.

"Their civil rights end at my nose," said Senate Majority Leader Richard L. Saslaw, D-Fairfax, a member of the Education and Health Committee.

Barrett Hardiman of the Virginia Hospitality & Travel Association, cited state figures showing two-thirds of Virginia restaurants segregate smokers from others.

"There are choices out there for people who want to dine -- and work -- smoke-free," Hardiman said.

But bills sent to the Senate would ban smoking in many public places. Having failed last year, Gov. Timothy M. Kaine again is trying to win such restrictions.

Senate Bill 298, by Sen. Mary Margaret Whipple, D-Arlington, covers banks, sports arenas, restaurants and shopping malls. It would exclude hotel rooms and tobacco shops.

Whipple's bill goes further than one favored by Kaine -- that's Senate Bill 501 by Sens. Mamie E. Locke, D-Hampton, and Sen. Ralph S. Northam, D-Norfolk.

Kaine prefers that restrictions apply to bars and restaurants but not outdoor eating areas, such as hot-dog stands.

A third measure, Senate Bill 202 by Sen. Frederick M. Quayle, R-Chesapeake, would give localities the option of enacting smoking bans.

With passage in the Democrat-dominated Senate expected, the battle over a smoking ban is likely to be decided in the Republican-run House.

EXCERPTS from The Bristol Herald Courier, January 31, 2008, Editorial headlined, "A firm stand on public smoking", no writer given. 
A Virginia Senate subcommittee took a firm stand for health by blessing the strongest of three proposed public smoking bans earlier this week.

The measure, Senate Bill 298, would ban smoking in restaurants and most other public places. Homes, private clubs, tobacco shops, nursing homes and motel rooms designated for smokers would be exempt.

A smoking ban is no longer risky business. Twenty-nine states, including Tennessee, have adopted some form of statewide restrictions. These laws range from prohibitions on smoking in restaurants only to broad-based workplace smoking bans.

Senate Bill 298, sponsored by Sen. Mary Margaret Whipple, D-Arlington, falls somewhere in the middle of the spectrum of such bans. It would provide protection from occupational exposure to secondhand smoke for most Virginia workers and would protect the rights of non-smokers to enjoy a restaurant meal free from dirty air.

Science supports this legislation. Secondhand smoke exposure causes lung cancer in non-smoking adults, exacerbates asthma in adults and children, raises the risk of heart disease and is a known risk factor for Sudden Infant Death Syndrome.

In fact, the Environmental Protection Agency reports that 3,000 non-smoking Americans die each year of lung cancer as a result of secondhand smoke exposure.

Such grim facts leave little doubt why the vast majority of Virginians, including plenty of former smokers, support a public smoking ban, particularly in restaurants. Polls indicate more than 70 percent support for such bans, even in a traditional tobacco belt state like Virginia.

Virginia came close to enacting a restaurant smoking ban last year. The measure passed the Senate, which had also approved similar legislation in 2006, but was killed in the House.

The House, which is still controlled by Republicans, will be the challenge again this year. We urge Republicans to reconsider their squeamish feelings about government regulations and act to protect the health of their children and grandchildren. What could be more important?

Cigarette smoke isn’t just a nuisance; it’s a poison.

At the Senate subcommittee hearing, Dr. William A. Hazel Jr., past president of the Medical Society of Virginia, detailed the appalling list of carcinogens and other toxic chemicals contained in cigarette smoke – acetone (the active ingredient in nail polish remover), ammonia, arsenic and even traces of polonium-210, the radioactive element that was used to kill a former KGB spy in Great Britain. Those are just a few of the hundreds (some say thousands) of identifiable chemicals in smoke.

Adult smokers can choose to ingest such poisons if they wish, but the state should not be complicit in allowing them to expose others to this wicked brew.

Enough’s enough. It’s time for Virginia to join the 21st century mainstream and adopt a sensible smoking ban to protect the health and welfare of its residents.

EXCERPTS from The Roanoke Times, January 29, 2008, headlined "Subcommittee OKs indoor smoking ban, most restrictive of 3; The full Senate committee is expected to take up the bill when it meets Thursday", writer Mason Adams.
A Senate subcommittee endorsed the most restrictive of three potential indoor smoking bans on Monday.

The trio of variations includes:
Senate Bill 202, which gives each Virginia locality the choice of whether to ban smoking.
SB 501, which bans it in restaurants.
SB 298, which bans smoking in just about all indoor areas except for private homes.

The Senate Education and Health Committee subgroup voted 3-2 to recommend the last bill.

Sen. George Barker, D-Fairfax County, was a key vote in the subcommittee favoring the more restrictive SB 298.

"This is a public health initiative," Barker said. "That's why I think it needs to be addressed broadly rather than more narrowly."

Sen. John Miller, D-Newport News, said that over the course of the debate during the past few years, he has changed his mind on the issue.

"I started this journey believing that government is too intrusive in our lives to begin with and that we ought not to be telling private business people how to run their businesses, especially regarding a legal activity," Miller said. "It has been very difficult for me, but I believe the science as a former smoker. I think there's a greater good. If we're going to protect the citizens of the commonwealth, this is a great way to do it."

Any bill to ban smoking will likely face stiff challenges. In 2006 and 2007, then-Sen. Brandon Bell of Roanoke County made a smoking ban similar to SB 298 the main priority of his legislative agenda but his effort went unrewarded.

Sen. Frank Ruff, R-Mecklenburg County, is one of the subcommittee members who voted Monday against any smoking ban -- and for one of the main reasons the legislation has been hard to pass. Ruff, whose district includes many Southside tobacco farmers, said he believes that private business owners can take care of the issue on their own.

"Every week more and more restaurants are dropping allowing people to smoke," Ruff said. "I think it's a major mistake to take law enforcement and put them in this kind of setting when the market will take care of itself."

The real test for any bill to ban smoking will be how it does in the House. The past two years smoking bills have failed to clear the committee level there.

The full Senate committee is expected to take up the smoking bills when it meets Thursday.

EXCERPTS from The Daily Press, January 27, 2008, headlined, "Smoking in restaurants comes under fire in state built on tobacco", writer Bob Lewis, Associated Press.
... health advocates are again pushing for a new law to end smoking in buildings where people eat and drink, but this is the first year they've had a governor leading the charge from the beginning.

White-coated doctors last week coolly explained the risks in stomach-turning detail to the Senate Education and Health Committee. Consider this list of deadly compounds in second-hand smoke that Dr. William A. Hazel Jr. recited to the panel.

"Acetone, or nail-polish remover. Ammonia, which is a toilet cleaner. Arsenic. Ant poison. Butane, which is in cigarette lighters. Cadmium, used in batteries. Carbon monoxide, the poison in car exhaust. Methane, or sewer gas ...," said Hazel, a past Medical Society of Virginia president.

Even traces of polonium-210, the radioactive element used to kill former KGB officer and Kremlin critic Alexander Litvinenko in 2006, can be found in cigarette smoke, he said.

Medical science notwithstanding, passing the legislation is improbable considering the broad political support tobacco still retains. Richmond is, after all, home to Philip Morris' cigarette factory, the world's largest.

Tobacco companies and tobacco growers contributed $287,000 while restaurants gave about $218,000 to candidates in the 2007 House of Delegates and state Senate elections, according to the Virginia Public Access Project, an independent, nonprofit tracker of money in state politics.

Philip Morris opposes the bill, preferring instead that restaurateurs and barkeepers banish smoking as a result of market conditions, not government fiat. Even supporters of the bill acknowledge that as many as 80 percent of the state's eateries have gone smoke-free to attract a clientele increasingly averse to smoke.

Virginia Hospitality and Travel Association lobbyist Thomas A. Lisk made a similar point to the committee last week, noting that restaurants are going smoke-free in growing numbers on their own.

Many legislators in both parties understand the sentiment.

"It seems to me that the marketplace is determining this issue already, regardless of what the General Assembly does or doesn't do," said Sen. R. Edward Houck, who chairs the Senate committee. "The market is responsive to customer interests."

Tobacco, however, is far from the dominant cash crop it once was in Virginia . It dates to the first settlement in Jamestown . It was so vital to the from Colonial times into the 20th century that ceiling murals in the 200-year-old Capitol rotunda depict garlands of the golden-brown leaf.

Tobacco production decreased from 53,000 acres and total value of $207.5 million in 1997 to less than 20,000 acres and $71 million in value in 2006, the latest year for which U.S. Department of Agriculture statistics are available.

Houck knows the stats. He has seen tobacco's influence gradually ebb.

"The tobacco lobby represents a smaller part of Virginia geographically," said Houck, D-Spotsylvania. "The whole tobacco industry has diminished in Virginia , and where it's diminished is as the urban and suburban areas have grown. The public is getting more concerned with the use of tobacco."

Until four years ago, efforts to increase Virginia 's 2.5 cents-per-pack tax on cigarettes--then the nation's lowest--had failed perennially, too. But in the midst of a state fiscal crisis, taxing an unhealthy habit became more palatable and legislators reluctantly boosted the tax by 27.5 cents to save an out-of-balance budget.

Former Gov. Mark R. Warner led that battle. His successor, Gov. Timothy M. Kaine, a fellow Democrat, leads this one.

Kaine said his first interest was the workers who inhale the smoke of others on the job and suffer health consequences later.

"Traditionally, I'm against a complete ban on all smoking in all public facilities," Kaine said in an Associated Press interview.

The governor said the legislation has a chance this year, citing efforts the first two years of his term to restrict smoking. When he issued an executive order to ban smoking in all government buildings shortly after he took office, he said, "I was surprised that I didn't get pushback from the tobacco industry."

He was even more encouraged last spring after he amended a bill that would have allowed smoking only in restaurants that display conspicuously posted signs that say "Smoking Permitted." Kaine toughened it into an outright restaurant smoking prohibition. The House rejected the amendment, on a 59-40 vote.

"I was surprised it got as many votes as it got, and a lot of delegates came up to me afterward and said, 'Hey, we didn't vote against this just to vote against it. You change a few details here and there and we might be able to support it,"' Kaine said.

EXCERPTS from The Richmond Times-Dispatch (Virginia), January 22, 2008, headlined, "Proposal on public smoking debated; About 80 attend hearing on Senate legislation to create tougher controls", writer Jeff E. Schapiro.
Where there's smoking in public, there's a firefight among health advocates, tobacco companies and restaurant owners.

"I get the whole Virginia thing about preserving our personal freedom," said Julia Torres Barden of Chesterfield County, holding up a copy of the U.S. Constitution. "But I can't find an article or amendment that guarantees the right to smoke."

Barden, an asthmatic whose 18-year-old son suffers from a genetic disorder that makes his lungs particularly sensitive to smoke, was among an estimated 80 people who turned out last night for a public hearing on state Senate legislation to further restrict smoking in public.

"I don't buy the argument that our state government doesn't have the right to ban smoking in public for fear of trampling on one's personal liberty," Barden said.

The Senate Education and Health Committee is expected to vote on the measures next week.

Lobbyists for the hospitality and tobacco industries are again pressing to derail the bills, saying that restaurants and other businesses should decide whether to go smoke-free.

Restaurants that seat 50 or more patrons are now required by state law to segregate smokers from others.

Gov. Timothy M. Kaine favors tougher controls on smoking in public. In a legislative shootout over restrictions last year, Kaine ultimately vetoed a measure that, at one point, required restaurants that allow smoking to post signs reading "smoking permitted," and in return, do away with non-smoking seating.

Chris Savvides, proprietor of the Black Angus restaurant in Virginia Beach, said his five-decade-old establishment has prohibited smoking since 2006. It's a way, he said, to keep customers and attract others.

Allowing eateries to voluntarily go smoke-free, Savvides said, "is more rapid, more efficient and more equitable."

Barrett Hardiman, government relations director for the Virginia Hospitality and Travel Association -- citing state health department figures -- estimated that two-thirds of Virginia restaurants are either smoke-free or limit smoking.


EXCERPTS FROM The Washington Post, January 10, 2008, Editorial, headlined, "Smoke in Their Eyes -- On Smoking, It's Virginia vs. the World."
FIVE YEARS ago, just two states in the nation banned smoking in bars, restaurants and other workplaces and gathering spots. Today 22 states plus the District and Puerto Rico have adopted such bans ... and that number will rise to 23 when Maryland's prohibition, signed into law by Gov. Martin O'Malley (D) last spring, takes effect Feb. 1.

Memo to Virginia's House of Delegates: Wake up and smell the fresh air.

Last year, the Old Dominion's lower house, which sometimes seems stuck in an older, mustier era, refused to go along with a similar prohibition urged by Gov. Timothy M. Kaine (D). Instead, the House thumbed its nose at the governor, the state Senate and untold thousands of nonsmoking employees and patrons of bars and restaurants around the state. It passed a bill that would have required restaurants that already allow smoking to post a "Smoking Permitted" sign on the door; in return for suffering that terrible hardship, the restaurants would no longer be obliged to offer a nonsmoking section. Mr. Kaine wisely vetoed the bill.

Once, Virginia's pro-smoking lawmakers might have argued that the science on secondhand smoke was inconclusive. They have no such option today, as the ill effects of secondhand smoke are extensively documented. Instead, some lawmakers fall back on the insipid pretext that since most Virginia restaurants already prohibit smoking, there is no use in forcing the rest of them to follow suit. But what of the bartenders and servers and kitchen workers who may have no better employment options and consequently no choice but to work in a smoke-filled workplace? Are their chronic coughs, irritated nostrils and babies with low birth weights simply the collateral damage of the House's obstructionism?

Mr. Kaine, to his credit, signed an executive order in 2006 banning smoking in all state buildings and vehicles. He is pushing to extend the prohibition to bars and restaurants, noting that secondhand smoke kills an estimated 1,700 Virginians every year. It is possible that he may be blocked again this year by lawmakers from places where tobacco remains king. But they should be aware that the tide of history, science and good governance is running strongly against them.

EXCERPTS FROM The Bristol Herald Courier, January 10, 2008, Editorial headlined, "Show courage; pass smoking ban".
For the third year in a row, Virginia lawmakers have the opportunity to strike a blow for better health by banning smoking in restaurants.

We urge them to pass the ban. Lawmakers must stand up for state residents – a majority of whom support the ban – and quit performing acts of obeisance to the tobacco industry.

Big tobacco has greased the skids of Virginia government to the tune of $5.46 million in campaign contributions since 1993. Last year, tobacco companies gave $406,309 to their allies in the state legislature.

Is it any wonder that lawmakers keep killing the smoking ban?

But the battle is about to be joined again. This year the restaurant smoking ban has the backing of Gov. Tim Kaine, who unveiled the proposed legislation on Monday. Kaine’s support has been squishy in the past.

In an improbable, but praiseworthy, turn of events, Tennessee lawmakers summoned the courage to pass a broad workplace smoking ban last year. Volunteer State restaurants officially went smoke-free in October.

Dining out in Tennessee is now a more pleasant experience. But restaurant patrons aren’t the only beneficiaries of the ban; they’re not even the primary ones. Restaurant workers – who can spend an entire shift inhaling carcinogen-laden air – are the ones who will see the most dramatic health improvements.

The Journal of Occupational and Environmental Medicine reports that food service workers have a 50 percent greater risk of dying from lung cancer than the general population, in part because of second-hand smoke exposure on the job.

Virginia lawmakers have a duty to protect restaurant workers and the general public, including children, from the dangers of second-hand smoke.

The Virginia Senate has twice approved a restaurant smoking ban, but the measure has been killed in the House. In 2006, six House members killed the ban in a committee without a recorded vote. Last year, the ban made it to the House floor, where it was again dispatched.

Two local lawmakers, Sen. Phillip Puckett and Delegate Joe Johnson, voted in favor of the ban in the last session. We applaud their courage.

The rest of the local delegation deserves not applause but closer scrutiny. Delegates Dan Bowling, Bill Carrico, Terry Kilgore and Bud Phillips and Sen. William Wampler voted against the ban.

All of them took money from the tobacco industry. Their haul of tobacco-tainted loot over the past decade breaks down as follows: Wampler, $13,292; Kilgore, $11,600; Phillips, $7,206; Carrico, $4,250; and Bowling, $1,500, according to the Virginia Public Access Project.

The tobacco industry isn’t spreading all this cash around because of its magnanimous spirit. The industry wants to buy influence. So far, the plan seems to be working.

Now, our lawmakers might object to the insinuation that they are selling their votes. Fine. Prove us wrong. Align yourselves with the majority of Virginians, who want to breathe clean air while they dine out. Repudiate big tobacco and its deep pockets. Pass the ban.

EXCERPTS FROM The Bristol Herald Courier, January 10, 2008, headlined, "Local Virginia restaurant operators have mixed view on revived smoking ban efforts", writer Brent Carney.
BRISTOL, Va. – Roy Wesley decided to ban smoking in the Pepperjack Grille after he noticed a shortage of smoke-free restaurants in the area.

Soon, he may see a serious increase in competition with his Bristol Virginia eatery.

An effort to make all restaurants in Virginia smoke-free once again will be pushed by Gov. Tim Kaine in the Virginia General Assembly, which convened Wednesday.

The legislation aims to protect the health of restaurant employees who are exposed to large amount of second-hand smoke while on the job. Yet, the potential for a forced ban has divided area restaurant workers and owners.

The solution seems simple for Elizabeth Justus, the bar manager at Fast Lane, a sports bar in Bristol, Va.

"If you want to be at a restaurant that’s non-smoking, go to a non-smoking restaurant," she said.

Justus guesses that 90 percent of Fast Lane’s customers light up. The negative impact a smoking ban would have on business outweighs the opportunity to work in a healthier environment, she said.

Diners at Wither’s Hardware in Abingdon, Va., can choose to sit in either the smoking or non-smoking sections of the restaurant.

Hazel Ramos-Cano said she wants to see smoking banned in restaurants, although she knows it will cost her business.

"I know it will impact me [financially], I’m not ignorant. But New York and California did it and nobody died," she said.

Virginia would be the 29th state to have legislation forbidding smoking in restaurants. A law prohibiting smoking in all enclosed public areas went into effect in Tennessee on Oct 1.

The "non-smoker protection act" offers a loophole for restaurants in Tennessee to continue to allow smoking if all employees and patrons are at least 21 years old. Kaine’s legislation has no similar stipulations, staff members at the governor’s office said.

The governor’s new proposition, announced Monday, builds on a similar bill that failed in the legislature last year. The major change is a more clear, all-encomposing definition of a restaurant.

The bill calls for a ban only in restaurants, which are defined as "any food establishment – including dining establishments of public and private clubs – where food is available for sale and consumption by the public and includes the areas of a restaurant where food is prepared, served or consumed," according to a release on the governor’s Web site.

For now, restaurant-goers who prefer a smoke-free environment are left with restaurants that have decided independently to ban smoking, like the Pepperjack Grille.

Angie Wright, a manager at Pepperjack, said she’s not encountered a customer who objected to the no-smoking rules since the restaurant opened two months ago.

EXCERPTS FROM The Daily Press, January 8, 2008, headlined, "Kaine proposes statewide restaurant smoking ban", writer, Dena Potter, Associated Press Writer.
Gov. Timothy M. Kaine called for a statewide smoking ban in restaurants and bars Monday, but excluded outdoor eating areas in hopes that legislators won't again shoot down the proposal.

Kaine tried to implement a ban last year, but lawmakers rejected the measure because they said it was so broad it would have ended smoking at county fairs, hot dog stands and anywhere people pay for prepared food.

Kaine's new proposal would ban smoking in areas inside restaurants and public and private clubs where food is prepared, served or eaten but allows businesses to have a smoking section outdoors, unless the exterior can be enclosed.

Opponents argue that decision should be left up to businesses.

"I think that the restaurant community and the business community in general still remain opposed to the governor's proposal," said Tom Lisk, a lobbyist for the Virginia Retail Merchants Association and the Virginia Hospitality and Travel Association.

Kaine announced his proposed ban at a smoke-free Virginia Beach restaurant. He was joined at the Hot Tuna Bar & Grill by local elected officials, public health advocates and a group that represents restaurants in the city in calling for the ban as a means to protect workers and patrons from secondhand smoke.

"The scientific evidence about the health risks associated with exposure to secondhand smoke is clear and convincing," Kaine said.

Levels of secondhand smoke in restaurants and bars are two to five times higher than in residences with smokers and two to six times higher than in office workplaces, according to the American Lung Association.

Secondhand smoke is responsible for 1,700 deaths per year in Virginia , the state Department of Health estimates. Virginia also spends an estimated $124.9 million a year on health care related to secondhand smoke exposure, according to the Campaign for Tobacco-Free Kids.

Philip Morris spokesman Bill Phelps said restaurant owners, not the government, are most familiar with how to accommodate their patrons.

"We agree that people should be able to avoid being around secondhand smoke, especially in places where they must go ... but we maintain that complete bans go too far," Phelps said.

Sen.-elect Ralph Northam, D-Norfolk and a pediatric neurologist, will sponsor Kaine's proposal in the Senate.

Del. David Englin, D-Alexandria, filed a bill last week that would allow localities to decide whether to ban smoking in restaurants.

Englin said he would love to see a statewide ban, but he wanted at the very least to allow communities to decide for themselves.

"I live in a community that has been trying to ban smoking in restaurants for a long time, but because of the way the state law works we don't have the power to do that, so at a minimum localities should be able to do that themselves," he said.

The General Assembly passed legislation last year that would have required restaurants that allow smoking to post a "Smoking Permitted" sign on the door, and in return they would no longer have to offer a nonsmoking section.

Kaine amended the bill to ban smoking in restaurants statewide. The House of Delegates voted 59-40 to reject the amendment, so Kaine vetoed the bill.

EXCERPTS FROM The News Virginian, January 8, 2008, headlined, "Governor proposes ban on smoking", writer Bob Stuart.
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 ... 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.

EXCERPTS FROM The Roanoke Times, January 8, 2008, headlined, "Kaine revives ban on smoking; Morgan Griffith, the House majority leader, said the real challenge lies in drafting a bill", writer Michael Sluss, contribution from Christina Rogers.
Gov. Tim Kaine called for a statewide ban on smoking in restaurants Monday, saying Virginia must protect workers and diners from the perils of secondhand smoke.

Kaine's proposal continues a debate that has grown in intensity over the past two years, but this is the first time the governor has taken the lead on the issue. Kaine made his latest pitch for a smoking ban just two days before the General Assembly begins its 2008 session.

"The scientific evidence about the health risks associated with exposure to secondhand smoke is clear and convincing," Kaine said in a prepared statement. "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 announced his proposal at Hot Tuna Bar & Grill, a smoke-free restaurant in Virginia Beach. The restaurant's co-owner supports a smoking ban, and some Hampton Roads localities are seeking legislative approval to impose their own smoking restrictions.

Virginia has a rich tobacco heritage, but support for indoor smoking restrictions has increased in recent years because of health concerns associated with secondhand smoke. The issue has generated heated debate in each of the past two legislative sessions.

The Senate passed a broad indoor smoking ban in 2006, but a House of Delegates subcommittee killed the bill. The bill's sponsor, Sen. Brandon Bell, R-Roanoke County , was defeated in a primary last year by Sen.-elect Ralph Smith, R-Botetourt County .

Kaine made an eleventh-hour push for a restaurant smoking ban last year by rewriting a House bill sponsored by Del. Morgan Griffith, R-Salem. The House rejected Kaine's proposal, with opponents arguing that it would have applied to venues such as hot dog stands and catered receptions that fall under the state's definition of a restaurant.

Kaine's new proposal would narrow the definition of a restaurant so that smoking would be prohibited in dining establishments, including public and private clubs where food is prepared, served or eaten. Exterior dining areas and catered events would be exempt from the smoking ban, according to the governor's office. Violators could face civil penalties.

"The real issue is going to be how it's drafted," said Griffith , the House majority leader.

Griffith sponsored a bill last year that would have eliminated requirements for restaurants to have nonsmoking sections and prevented them from allowing smoking unless they posted "smoking permitted" signs at every entrance. Kaine vetoed the bill after the House rejected his changes.

Antismoking advocates applauded Kaine's proposal while holding out hope that lawmakers will support a comprehensive indoor smoking ban. Del. Phil Hamilton, R-Newport News, has introduced legislation to ban smoking in most indoor public places.

Tom Lisk, a lobbyist for the Virginia Hospitality and Travel Association, said the state should not single out restaurants if secondhand smoke is a public health concern. Lisk said about two-thirds of the association's members, including those that voluntarily ban smoking, oppose a restaurant-only prohibition.

Bruce Morrow, owner of the Community Inn Restaurant in Roanoke , said the law should not be changed.

"I think I'd leave the darn thing alone," he said. "Let the people make up their own minds. Don't force it down somebody's throat."

But Nikki Henry, general manager at Awful Arthur's Seafood Company in downtown Roanoke , said she would not object to a smoking ban "as long as it's even across the board."

"As long as we're in the same boat as all the other restaurants in the valley, we're happy," she said.

Asked whether she feels employees of the restaurant are bothered by the smoke, Henry said: "The folks we have here, they're used to it, especially in a place like ours where the bar is so close. They know when they walk in and apply for the job what they're getting into. Customer-wise, there are a lot of people that would like to see them [restaurants] nonsmoking."

EXCERPTS FROM The Danville Register & Bee, January 8, 2008, headlined, "Will ban proposal go up in smoke?", writer, Bernard Baker.
Gov. Timothy M. Kaine’s plan to ban smoking in restaurants would give the state government too much of a Big Brother image, according to local Republicans.

Kaine’s latest proposal would apply to public and private dining establishments. The bill states that secondhand smoke kills too many people and costs taxpayers millions in health care.

Last year, the governor signed an executive order banning smoking in all state buildings and vehicles to reduce health risks in the workplace.

Delegate Donald Merricks, R-Pittsylvania County , doesn’t smoke, but said he doesn’t think it’s the government’s business to take on theissue.

Merricks said the ban could hurt a restaurant’s customer base by alienating smokers. He said if smoking is a concern, it’s better to leave the decision about where to dine up to the customer.

Delegate Danny Marshall, R-Danville, said restaurants already have the option of banning smoking without the government’s involvement.

“Does the government need to tell citizens and businesses what to do?” Marshall asked.

The governor, however, contends the risk factors of secondhand smoke warrant the government’s attention.

“The scientific evidence about the health risks associated with exposure to secondhand smoke is clear and convincing,” Kaine said in a prepared statement. “Recognizing the negative health effects and high public costs of secondhand smoke, Virginia must act to protect the workers and consumers in its restaurants.”

Secondhand smoke is responsible for about 1,700 deaths each year and costs about $125 million in health-related expenses, according to the Virginia Department of Health.

Kaine said restaurant and bar secondhand smoke levels were two to five times higher than in residences with smokers and two to six times higher than in office workplaces.

Food service employees are at a 50 percent greater risk of dying from lung cancer than the general population due to secondhand smoke exposure in the workplace, according to a news release from the governor’s office.

Kaine’s proposal would exempt a restaurant with an exterior dining area, unless the area can be enclosed.

Clifton Glasscock, general manager of Buffalo Wild Wings, said a ban wouldn’t hurt the restaurant’s business because people could smoke on the patio. He said the move could drive people to restaurants that have outdoor areas for smoking.

Bill Kirios, owner of Schoolfield Lunch, said he has a lot of customers who smoke in his restaurant, but there are a lot who don’t smoke.

“If the governor says ban all smoking, I’ll abide by the law,” Kirios said Monday. “Until then, I’ll leave it just the way it is.”

Poogie Scearce, owner of Poogie’s Buffet & Grill in Ringgold, doesn’t allow smoking inside.

There’s a table outside of the restaurant with a container for cigarette ashes.

Scearce, who opened her restaurant in the same building that used to house Burner’s, said most of her customers thank her for not changing the smoking policy.

“I’ve only had one couple leave when they found out we didn’t allow smoking,” Scearce said.

[Virginia GASP]Updated 24 July 2008