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Anti-smoking bills pass in Senate, move on to House

Posted to: General Assembly News Virginia


RICHMOND

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.

Two other bills would give local governments the option to tailor their own restaurant smoking laws.

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.

 

Julian Walker, (804) 697-1564, julian.walker@pilotonline.com



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The real reality

$3702 was cost per smoker per year. You still owe $2424.50. You can make the check payable to PROGRESS IS GOOD. Thanks

To add something I missed earlier...

Contrary to DBVB's comment, I am not controlled by the tobacco industry, I am a non-smoker that is against this ban.

Contrary to Barb's comment, I am not ignorant or in no way defficient in my intelligence, but way to resort to personal (personal as in against a person, not against me specifically) attacks to prove your non-point.

Basically we allow smoking now, then prohibition (that is the banning of serving alcohol) comes next, then fattening foods.

I also tend to agree that if you try and state that second hand smoke kills you, you cannot stop there, you must continue on to automotive exhaust, heck we should ban farm animals from farting due to that nasty methane stench we drive through when we pass a farm...

So vote for Barb and kill all cows...

It continues

I see the non-smoking whiners are still at it. It kinda breaks my heart this world isn't big enough for all of us.

a little incite for progressisgood...

Although it is said, that figures don't lie, the truth of the matter is, that liars can figure...

A little reality for progressisgood...

I don't think that you appreciate how much tax is collected on tobacco products. In 1975, when I was in the Navy, a pack of cigarettes at 7-11 was about 60 cents. When our ship was deployed (past the 12 mile limit, where no tax is charged) the same pack of cigarettes was 14 cents. 14 from 60 is 46, or 76.6%(tax). These days (I'm told) a pack of cigarettes is about $3.50. Let's say, for the sake of argument (and to be generous) that the average smoker smokes 2 packs a day, and the rate of tax is 50%. Thats $7.00 (total cost) - $3.50 (tax) x 365 days = $1,277.50 per year. In a little less than 3 years, the $3,702 you mention has been paid. In most cases (certainly not all), it takes 25 - 30 years of smoking before serious health problems start appearing - enough to pay that $3,702 back 10 - 12 times. Still feel like laughing? Do it now, because someday we non-smokers will be picking up a substantial piece of that tab...

1984

You should look forward to a society like the one potrayed in 1984 they chain smoked throughout the book.

Here's the alphabet metaphor so you don't have to dig

Use the alphabet as a measure of socialistic laws adopted by your government to wield greater and greater control over the population.

Let's say, we've already allowed passage of A through R. What's happening here is that the population's memory is short, and they forget about A through R (they're already law) while S is being debated. If you don't remember that A through R have already occurred, what harm is S you ask? It's just a SMALL thing that doesn't affect me. The harm is that it is one MORE step down the path, and government counts on the fact that you'll forget A through S once they move on to T. Do you see how that works?

Once the alphabet is complete (but it's much larger than the alphabet), you're living in George Orwell's "1984". You'll wonder how this happened, but you won't know any better at that point like the wild pig in another of my posts from yesterday - you missed the big picture, but the government is taking care of you. That, my friends, is socialism bordering on communism.

Please

To DBVB,

Please don't try to coax me into a battle of wits with an poorly-armed opponent - I will prevail...

Case in point: Your vocabulary lesson missed one critical point. Control in your definition is modified by "political", not libertarian. There's a difference, so I'd suggest you didn't make your point. Would you like to try again?

Last, as for me getting upset, not a chance! I don't give folks that sort of control over MY emotions. Have a great day.

Todays commentary

Looking over the posts from overnight, I have to laugh (and cry). There are only a handful of those posting here that can see the BIG picture, and you know who you are. Those that seem to giggle with delight (mostly whining about smoke in their hair, blah, blah, blah) really don't get it at all. It is terrifying that you can't see the dynamic at work over the long term.

AGAIN, THIS IS NOT ABOUT SMOKING OR NOT SMOKING... This is about further intrusion into your liberties by government. For those that don't know what liberty is, it is the freedom to make your own choices without control. Sure, murder is "controlled", but that is also against God's law and the commandments, so that argument (made earlier) holds no value.

Big Brother is another story, and you're allowing Big Brother to further encroach on the rights of ALL people. One day, and it will happen, they will encroach on a liberty that you care about (we care about all liberties by the way), and your precedent will allow it to skate right on through to passage as a law. You really should read the alphabet comment from yesterday - I think it's a great metaphor for what's happening.

"Asthma-smoking is ONE cause

"Asthma-smoking is ONE cause of asmtha but that unlike smog is something we can control. Unless you know how to stop smog?? " Quote offered by barbj

barbj, smog is a combination of smoke and fog, thus it is call 'smog.' It's primary causes are the byproducts of combustible motors such as automobiles. We all know how to limit this problem but the goverment does little to enforce the changes. Fortunately they are being proactive in protecting our air on the inside of smoking establishments. It will be so nice not to have to smell like stale smoke when on my way home after a night out. Overall, I would have to say that your comments put a spot light on the fact that smokers are not as smart as non-smokers. If you feel you are being forced outside as pariahs, that is correct. Ever heard of Darwanism? Survival of a species?

Dangerous behaviors and the law

When your dangerous habits negatively impact the health of others around you then of course the government has no recourse but to take action to protect the public. That is why we have laws about shooting guns in residential areas, speeding, drunk driving, etc. Inconsiderate DANGEROUS behaviors that affect the general public should be banned.

If smoking had no health impact on other people, I would be the first to stand up and say that these proposed laws are ridiculuous. However, that is not the case and so the government is doing what it needs to do to protect the public from people who insist on inflicting their dangerous behaviors on other people.

Net result of smoking ban would be positive

I really enjoy the threats smokers make that they are going to boycott restaurants and that businesses will lose money do to a ban. Bans in other states have resulted in an increase in revenue because the 80% of Americans that do not smoke go out more frequently. This is due to the experience being more enjoyable with out the smoke.

To the person that said the state will lose tax money from people that quit smoking and no longer buy cigarettes. That is laughable, smokers cost the US $3,702 per smoker in health-care costs, mortality-related productivity loses, and in direct medical expenditures.

This ban would be a step in the right direction.

Compelling argument

I still lived in Delaware during the debate of the smoking ban. One of the most compelling arguments I heard against the ban came from owners who had voluntarily gone smoke free. They argued, correctly, that they had created a market niche, risking their own capitol and the government should not be interfering with market forces.

These businessmen and women had chosen to cater to a certain segment of the population, and were being successful at it. Yet a very vocal minority were able to convince Dover those people and their livelihoods mattered not. Think about it folks, more eating places in VA are smoke-free than are not.

Smokers

I saw someone wearing a tee shirt recently that stated: "Smokers quit because the rest of us hate you whether you know it or not." I think it is quite true. People are on edge these days due to economic uncertainly, job insecurity, policital upheaval, the war dragging on and on, fluidity of gas prices, high unemployment, and so on. If you smoke, at least don't blow your cancer crap in other's faces. You might just pluck the last never of the person in front of you.

I mean really

Are you smokers really that backwoods that you are going to writhe in your own stubborness and complain that the government is taking over because you can no longer expose people to your carcinogenic smoke while they enjoy a meal?

You have entertained us with your conspiracy theories that this is the end, making references to 1984. If half of you even read that book you would see there is no correlation to being allowed to smoke in a restaurant and the subject matter in 1984.

You had years of exposing patrons and employees alike to your habit. Now it's time for the nonsmokers to enjoy a meal without your habit clinging to our clothing.

And..if you are boycotting restaurants, that's great. It just means the wait time at my favorite restaurants won't be as long. I will gladly take your place!!

Ahhhhh!!!!!

I feel so sorry for you whiners it makes me want to cry. Of all the restaurants and bars that already don't allow smoking you continue to go to the ones that do. Why do you do that? So you can whine and complan, and for no other reason. I mean, you people really break my heart. I feel so sorry for you I think I will take up smoking just so I can blow smoke in your face. I love listening to the moan and groan of poor YOU!

Talk is cheap....

Agree that patrons have the right to avoid establishments that allow smoking. And that Restaurant owners have a right to allow smoking or not. But to allow the gov't to dictate private establishments choice on the matter is wrong. So, here's the deal, this law goes into effect, I'll open a restaurant/bar and post signs at the door that this is a private establishment & we allow smoking & have the right to refuse to anyone that has a problem with us having a smoking section (cannot use the civil rights act on us). Live free or die.

Exactly robm

Smokers seem to almost laugh at my coughing when I can't avoid their smoke even in the non-smoking section 20 feet away. I was so glad when the Funny Bone started doing smoke-free nights because I love live stand up shows. I used to go to the Thoroughgood Inn but the last time I went, my eyes swelled shut from the smoke and I've never been back since then. We'll be at the Funny Bone tomorrow night... Unfortunately, the selection as far as restaurants and general nightclubs go is hopeless. Of the hundreds of places to go in this area, only a small handful are non-smoking. It makes a non-smoker (and especially asthmatic's) life pretty boring around here. Do you notice that your car continues to stink of cigarettes even days after you've been to a venue with smokers? By the way, vehicle exhaust bothers me too but I'm never locked in a room full of it and therefore it doesn't cause me an allergic reaction or an asthma attack.

When opportunity knocks...

To robm

I'm sure that it's a comfort to us all, that you and your husband can enjoy each other in the shower, after your long labors at the restaurant...

Lack of consideration

My husband and I like going out to hang out with friends after work. Unfortunately, there are few places here in Suffolk. After 30 mins, people sit near us and immediately light up and blow smoke in our direction. It seems to be a POWER trip, as they are aware we don't smoke.
Also, a lot of the women hold their cigarette out to the side--and it drifts our way. After an hour, we drive home with the car windows cracked open, and once we get inside our house, we take our clothes off and throw them into the washer, jump in the shower to wash the stench out of our hair.
I CAN'T wait for all the restaurants to go NONSMOKING, so we can enjoy our evenings out with our friends. If you want to smoke, at least be considerate of others, rather than try to make a statement....."Nanie Nanei Boo-Boo....we're smokers and have the right to pollute the air."

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