By Harry Minium
The Virginian-Pilot
NORFOLK
Thanks to a large assist from Virginia Beach, Norfolk is poised to become the first city in Virginia to ban smoking in restaurants, Norfolk officials said.
The City Council is scheduled to vote on an ordinance tonight banning smoking in all restaurants, and if it does so, a majority of council members say, they will vote in favor.
Whether that ordinance will come to a vote depends on the recommendation of City Attorney Bernard A. Pishko, who said on Monday he isn't sure whether he will recommend delaying a vote.
However, Mayor Paul Fraim said, "I think we're going to vote on it. There's nothing that would stop us."
Norfolk officials say the city charter gives them the right to ban smoking. Virginia Beach, a much younger city with a more restrictive charter, does not have the right, city officials said.
Both councils also are scheduled to vote tonight to ask the General Assembly to allow the Beach to ban smoking. Alexandria and Arlington County have considered smoking bans.
"Tuesday night is going to be a great one for regional cooperation," Councilman Barclay C. Winn said. "It will be difficult for the General Assembly to ignore" the two largest cities in the state.
If the Norfolk council votes to ban smoking, it would be a remarkable turnaround. Three weeks ago, when the council discussed a proposed ban, a majority was opposed.
Councilwoman Theresa Whibley, who pushed Norfolk to consider the ban, said she expected to lose on a 5-3 vote.
However, Winn then began contacting his counterparts at the Beach, including Councilwoman Rosemary Wilson, who expressed an interest in cooperating with Norfolk. Both the Virginia Beach Restaurant Association and Virginia Beach Hotel-Motel Association support a ban, and the City Council informally agreed to Wilson's request to ask the state for permission to ban smoking.
The two cities have been working jointly on the wording for the resolutions, which are expected to pass tonight unanimously.
Winn and Councilmen Don Williams and W. Randy Wright said they are all now in favor of a smoking ban.
"Getting the Beach on board sells the deal," Winn said. "It makes me comfortable with our smoking ban."
He said he also received a lot of calls from residents supporting the ban.
Winn said he hopes any ban will be delayed for three or four months "to give restaurants time to adjust to the new law."
The resolution to be considered by Beach officials said "that the city's delegation to the General Assembly is hereby requested to work with the City of Norfolk's delegation to the General Assembly to sponsor and/or support legislation that either would prohibit smoking in restaurants statewide or that would authorize both cities to prohibit smoking in restaurants through adoption of local ordinances."
Norfolk's Williams, who was opposed to a ban three weeks ago, said a trip to the doctor changed his mind. After viewing an X-ray of his own lungs, Williams was then shown the X-ray of a smoker's lungs.
"It wasn't pretty," he said. "We need to do this for the health of our citizens. And it's a great day when Norfolk and Virginia Beach do something together."
Staff writer Richard Quinn contributed to this report.






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Hvae you lost your minds?
Why would anyone of you want to give one more control to our government. Don't you think we have lost enough freedoms? This is a true issue. It is not about smoking or non-smoking. It is about our right to choose. Our freedoms to do so. I can't even believe that anyone could not see the true issue here. The comments i've read that are in favor of the ban, why are your rights anymore important than mine. You have a choice not to go into a smoking establishement as much as a smoker has the right to not enter a non-smoking establishment, so get over yourselves when your only focus is what it will do for me. Think about what it is doing to our freedom as a whole. That is what is at jeopardy here. And it goes to the very heart of it.
Whats next?
I have never smoked in my life! It is noone elses problem but mine, next we will have someone controling every phase of our life! Virginia might not have become a state without tobacco! I don't want to eat with anyone who is different from me, so ban them NOW!!
Is VA excempt to The Bill of Rights
Taxing people out of their homes, controlling privet owned establishments, fines for profanity on Gods green earth...Every right taken away is another step towards communism. There may be good points on both sides of the smoking-ban but it all boils down to our natural freedoms being stolen. There are such things as well ventilated "smoking sections" in bars and restaurants. People should compromise as its the only way for peace among us all. The government doesn't believe in compromise, they believe in control and were letting them slowly gain that control with every ridiculous law we let them pass. If we do not stand up for our rights, freedom will be lost to a greedy control based government.
This is where it begins....
It starts slowly. Our governments start taking the small liberties and freedoms from us. The change is slow and almost unnoticeable. Then more and more freedoms are taken from us. Most of you anti-smoking zealots fail to see these are private businesses (I am not a smoker). In this case, the government has no right to tell a privately owned business what it can do. As a Libertarian, this form of activity truly frightens and concerns me about what this country will be like when my son is an adult. "All Governments, including the worst on earth and the most tyrannical on earth, are free Governments to that portion of the people who voluntarily support them." - Lysander Spooner Unfortunately, there are a lot of volunteers!
Government making decisions for us?
We all have the right to make our own decisions, even if that decision will harm ourselves. This also applies to people who don't want to harm themselves. If a restaurant owner decides to allow smoking, the non smokers should decide not to go to that restaurant. If all restaurants allow smoking, well then, that means there's a bigger market for smokers than non smokers. There seems that there is obviously a market for non smoking restaurants, so why not some of you "go getter" entrepreneurs start one up. Keep the government out of our business and let the free market decide. Don't forget, Norfolk, soon the smokers will be funding your child's health care with higher taxes, you should thank them and allow them to smoke anywhere they please.
Hysterical!
Some of you are getting just a tad hysterical over this. Smoking bans in restaurants have proven to be a good thing both here and overseas. As I have pointed out before, we don't have a problem with govt intervention when it comes to exposing workers to such things as asbestos and coal dust...why is it ok for restaurants to expose its workers to the proven carcinogens in second hand smoke? Smokers have the right to smoke...but, as with any other dangerous substance, they don't have the right to expose others.
Dillon Rule of Law
No county, town or city in Virginia can have a law that is different from the State. Virginia has relied on the Dillon law for over two hundred years.
The General Assembly is not about to reliquish their power, now or ever.
OSHA has never issued regulations against second hand smoke because the level of exposure is 25,000 times under their permissable levels of exposure. Second hand smoke is as harmful as cooking and cleaning products.
Get over the hysteria and get the facts, not the fiction that the media keeps repeating over and over again.
No State or City control
I' m a non smoker and I think its ridiculous for restaurants to abide by state or city control of this issue. Where would these fanatic non smokers like people to smoke?? As far as I can see its still a choice if you want to smoke and its also a choice where you want to dine.
Ok
Now that we got this ban taken care of, it's time for the next one. Smoking takes an average of 10 years off the lifespan of a smoker; obesity takes an average of 13 years off the lifespan of a fat person. Obesity is skyrocketing; health care costs and related social costs and impacts for obesity are skyrocketing as well and will soon dwarf all other health costs combined. Anybody for meal tickets, portion control, and the banning of all desserts? I'm a non-smoker and I'm smart enough to avoid places where smoking is allowed...it appears some sophomoric whining non-smokers are not yet that mature. BTW, there has not been one proven case of disease or death from inhaling second-hand smoke. Source? WHO, CDC, Stanford, Harvard, JHU...
They can't answer this question
If a smoking ban actually increases business to a restaurant, then why must Norfolk join with VB? The point of the story is that the two cities wish to join forces on this issue to curtail the loss of smoking customers. But many here assert that that loss will be more than made up by increases in non-smoking customers. It is obvious that neither city believes that or they wouldn't care if the other one joined or not. Unfortunately, the big government anti-smoking-freedom types won't understand this simple concept and keep spouting off about how great business will be for restaurants once the ban is in place.
no smoking
That is good news,the resteraunts that had smoking areas, had smoke evertwhere,thank you for the no smoking vote
More effort in real abuses and crimes
Smoking vs non smoking, fast food vs home cooked, fat children removed from home for food abuse vs parental rights, all these and more are being touted as new laws to come. Think about it. They are already removing children in England from their homes due to being obese. Yes, lets let the government keep making these decisions for us and when we become a Nazi state where you cannot even go outside without a pass, then and only then will you wish you never argued over such a small thing as smoking. People, you are losing your rights literally one at a time. When you realize this it will be way too late to turn it around. Mark my words, for I came from europe and there, no one had any rights! Smoking rights shouldn't even be on the radar...
The city telling a business what to do is crazy!!!!!!!
Im tired of all the government involvement. If you are an owner of a business you should be able to run it how you see fit. There is plenty of red tape you have to go through as it is without a city being able to tell you what to do. At the same time businesses should be aware of smokers rights and have certain closed off sections or things of that nature patios or etc. for them to go to. I personally hate smoke and it makes me sick. As for the city involvement they need to stay out of these businesses and do other things with theses cities to make them better.
If second hand smoke hurts innocent bystanders
Then why not ban it outright? Why stop in private businesses? Why shouldn't it be banned in one's home? Crack is banned everywhere, but it only hurts the one using it (family doesn't count or else smoking would already be banned). A restaurant owner tells you that you may not want to eat at his restaurant because he allows smoking, and you folks are too simple-minded to understand what that means. You just have to complain about his restaurant instead of telling him you will vote with your wallet. You people make me laugh. My toddler knows that if he dislikes something he can choose not to do it again. If I told you that I allow smoking at my house and you decide not to come, are you going to report me to the authorities?
How very clever of the Norfolk City Council
The Norfolk City Council has shown once again how disingenuous it can be. After wimping out on a smoking ban several weeks ago, it now tries to hide behind a political ploy. The Norfolk City Council approved a ban on smoking in restaurants. However, the ban will take effect IF, and only IF, Virginia Beach does the same. The fly in the ointment is that Virginia Beach doesn't have the authority to do so. It needs permission from the General Assembly. No one should be naive enough to believe that the General Assembly, which has been bought and paid for by the tobacco lobby, will really grant that authority to Virginia Beach.
Congratulations to the Norfolk City Council. Once again, you have shown yourselves to be masters of deceit.
Your Right to swing your fist stops at my nose
There is no law that I know of that prohibits suicide ; if suicide makes you happy , have at it. Smoke 10 packs a day.
There are laws against hurting others. Second hand smoke hurts bystanders and certainly should be against the law.
This is a debate about freedom for some
Though I do not feel it's city council's place to tell businesses whether or not they can allow smoking, I am personally rejoicing. There are so many places I have had to avoid because of cigarette smoke that I will soon be able to enjoy again. I am an asthmatic and just sitting at a red light next to someone smoking with their window down is enough to cause wheezing and a nasty cough. Remembering my own childhood and the most likely reason I became asthmatic, I pity the poor children I see sitting with their parents in smoking sections or riding in the back seat of a car with adults smoking in the front. No, winding down the windows does not help! Smoking should not be allowed anywhere there may be children who cannot escape it.
This is a debate about freedom for some
Though I do not feel it's city council's place to tell businesses whether or not they can allow smoking, I am personally rejoicing. There are so many places I have had to avoid because of cigarette smoke that I will soon be able to enjoy again. I am an asthmatic and just sitting at a red light next to someone smoking with their window down is enough to cause wheezing and a nasty cough. Remembering my own childhood and the most likely reason I became asthmatic, I pity the poor children I see sitting with their parents in smoking sections or riding in the back seat of a car with adults smoking in the front. NO, winding down the windows does NOT help! Smoking should not be allowed anywhere there may be children who cannot escape it.
One Freedom at a Time
In the so-called-spirit of protecting everyone else, yet another freedom is yanked away. As each of you points the finger at smokers saying "serves them right, smoking is bad anyway", you are being conditioned to believe that only the government is smart enough to make decisions about how we can live. If restaurant owners aren't smart enough to determine their own smoking policy, are homeowners? What about car drivers? Why stop at smoking?
Don't expect Virginia Beach to suddenly start following the Constitution on this one. That went away when they banned "cruising" (otherwise law abiding driving by someone searching for a parking spot) and "profanity" (formerly known as free speech) on the oceanfront.
Banning smoking...what else?
I quit smoking about 2 years ago. I hated that most restaurants banned smokers. Now I can care less. I just think if Norfolk did it, then why should Virginia Beach? It shouldn't go to the state. It shouldn't be the state's decision. If I owned an establishment and the state came in and told me that smoking is banned from my restaurant or bar or whatever it is that I own, i'd throw them out of my establishment. I own it, so who are they to come tell me that I have to ban it. It's enough that the City of Vrignia Beach is in control of everything else and not supporting their citizens, but to have to tell someone that they can't smoke other than their home is utterly ridiculous.
smoking ban
My husband and I have recently moved here from MA. There is no-smoking in any restaurant or bar in MA and CT. From the articles in the papers up north, the establishments noted no loss of venue due to the implementation of this law. The people simply smoke before or after their meal and for the bars, they go outside. I can tell you that my husband and I rarely go out to eat here because of the smoke issue. Even if you are seated in a no-smoking area, the smoke smell is still there and sickens me. I would hope that VA Beach does jump on the bandwagon and prohibit smoking in restaurants and bars or we will be making the drive to Norfolk so that we would be able to enjoy our meal smoke-free.
Virginia Beach, Norfolk team up for smoking ban
Let the free market decide. If an individual or corporate management decides their business would be more profitable by banning smoking they may post and enforce a no smoking policy; after all it is "private business". For people who say it is a health issue: I would wager on a daily basis one inhales more potential lung cancer ingredients standing on a street corner with passing cars and buses than in a restaurant.
Government is mandating health issues; enforce healthy food production and sales, make business take responsibility for polluting the water supply. Alcohol and associated health insurance and social cost addressing dysfunctional families due an alcoholic parent or child, murders committed by drunk drivers.
Yes the government needs to step in and take control as we are unable to determine our own fate to enter a business that allows smoking, or enter one which does not.
Way too much goverment interference
I llove that the cities want to keep us healthy but this smoking ban should be left up to the restaurants. We don't regulate cell phone use by going hands free or restrict motor size to keep polution down so why only hit the smokers? This is only a personal issue for some. I am willing to bet the smoke haters are the ones sitting in the drive though lines in thier hugh SUV's sucking up gas and sending out noxious gases. How many people are worried about the water shortage or the polution? Not many judging by their sparkling cars and green lawns. Sorry but as a smoker I never lite up in a restaurant but do in a bar. It should be an owners decision.
Hey Kate Tippett - Nice to hear from you from Chicago
I agree with your comments about smokers. By the way, I'm the guy who picked up your $80 cash on Shore Drive several years ago which prompted you to write a letter to the editor " A payoff in honesty at an ATM machine". Thanks for your letter years ago, and best of luck to your son.
Smoking Ban
Does smoke free mean restaurants won't be allowed to grill meat in the kitchen? That produces smoke. And it usually infiltrates the dining areas. If cities are going to ban smoking, doesn't it only seem fair they ban the sale of cigarettes as well.
Smoking Ban
No one has the absolute right to happiness, only the right to persue happiness. This latest attack on smokers is just what should be expected of a bunch of polititions who have stayed in office too long and outlived their usefullness. Why not act on a real problem? Why not age limits on cell phone users? Why not stop people from talking on their phones when driving? No, let's just exempt a whole class of people who are law abiding. Rather than pass and enforce REAL laws that will send a real message that something is being done to help the community, they want to arrest law abiding types. Too bad that tobacco is one of the states leading exports and biggest cash crop.
More Gov't ...
So it's smokers vs non-smoker today. You let the gov't pass this law, what's next? No fat ppl ??? Let the owners of the establishments decide their venue. You do not like it, go somewhere else. Very simple. Because if they can vote this one in, then why not tell the owners what kind of food they can serve. Or how much. Why do we who are in shape have to put up with fat people in a crowded room? I mean that is another health issue correct ? Gov't stay out of private businesses, you regulate them enough.
Smokers and non-smokers have right- put it on the ballot
Let the voters decide since our so-called politicians can't make a decision on what is right and wrong. They don't want there feelings hurt. The state of Georgia has a smoking ban in all establishments and the businesses are making alot of money than they have been in the past. I would like to see a band of all smoking not only in restaurants, but include bingo halls. Don't hold it to just restaurants and bars, including all establishments. You want to smoke that is your right, but take it outside. I do not want to breath in your nasty little cancer sticks.
Your "rights" to happiness are not absolute (GASP!)
It seems the "do-badders" who are opposed to the smoking ban (As opposed to the "do-gooders" who support the ban) think their minority opinion is so obviously correct that we shouldn't even be arguing the point. Well, that's what you get from extremists who distrust the majority. No doubt, majorities have done great evil, but it's usually after they have been manipulated by "do-badders", not "do-gooders." Face it do-badders, no right or freedom is absolute. I might like the freedom to expose myself in public places, but, alas, I cannot. My freedoms are restricted by my responsibilities to respect your freedoms. So, you get to kill yourself in private while I breath smoke-free air in public. Good deal all around. Democracy is saved.
Everyone has rights
While I am a former smoker and quite frankly cannot stand the smell of smoke I believe restaurants should be given the freedom to choose to be smoke free or not. For those who like to whine and complain about smokers polluting your air, go to a restaurant that doesn't allow smoking. You choose to frequent a place that allows smoking, therefore you are allowing your lungs to be filled with second hand smoke. It is not up to the government to dictate how we live our lives. There is no need for the government to infiltrate our lives any farther. Smoking is bad yes, I managed to quit smoking, others choose not to, but that is their choice. The government needs to mind their own business.