The Virginian-Pilot
©
RICHMOND
The proposed statewide ban on smoking in many public places, including restaurants, all but died Thursday night when a House subcommittee quickly spiked several smoking bills after an hour of emotional testimony from people on both sides of the issue.
The vote means it's unlikely the Republican-controlled House will entertain the Senate's smoking ban bill, which passed Wednesday. Democrats control the Senate. A statewide smoking ban in restaurants is also a top priority of Gov. Timothy M. Kaine, a Democrat.
The subcommittee of the General Laws Committee also squashed bills to give localities the right to impose their own smoking bans, a blow to cities including Virginia Beach and Norfolk that pushed for the power.
The unanimous action disappointed advocates who said secondhand smoke is dangerous and pleased those who saw the proposed ban as government intrusion into private affairs.
"This gives you some idea how much control lobbyists have," said Del. Algie Howell Jr., D-Norfolk, who sponsored one of the ban bills. "It's unbelievable that a handful of people will decide what's in the best interest of the people of Virginia."
Randy Estenson, owner of Poppa's Pub in Virginia Beach, who said 80 percent of his customers smoke, praised the ruling.
"I'm very happy," he said. "I honestly believe businesses are doing what they need to do on their own."
Delegates who voted against the measure took a similar position.
"It's not up to the government to tell people what to do," said Del. Thomas Gear, R-Hampton, chairman of the General Laws ABC/Gaming subcommittee.
Gear said many of his favorite restaurants in Hampton have decided to ban smoking on their own.
Del. John Cosgrove, R-Chesapeake, who is the only South Hampton Roads lawmaker on the subcommittee, also voted against the bills. Del. Terrie Suit, R-Virginia Beach, who leads the full General Laws Committee, spoke against them.
"The issue has been elevated to the level that so many restaurants have gone smoke free, so it's not longer necessary for the government to do it," Suit said.
Aaron Applegate, (757) 222-5122, aaron.applegate@pilotonline.com

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Who is on that committee?
They apparently listen to a very few of their constituents for an hour then, like gods handing down their very powerful opinion, decide to go with the lobbyists. Is NC still number one and VA number 2 in the nation of tobacco supporters?
Government big or not has laws controlling some pretty private parts of our lives--even in our bedrooms. Of course there are laws It used to be legal to beat one's wife
It used to be legal to have cocaine in cokes (hence the name)
as were many substances, and odious practices but we like to think we have developed beyond them.
The 'nation of whiners' is an apt nickname for Americans
Genearl Assembly in Wonderland
Once again the General Assembly goes against the wishes of the majority of Virginians. How do these morons keep getting re-elected? Oh yeah, speacial interests like the tobacco industry.
Choice
For the same reason that I can't find a job that will pay me $700.00 an hour for sitting around on my butt. Life isn't fair.
Choice
What about the employees? You know, the ones who can't always afford to pick and choose where they work based on how sweet the conditions are. Why are they forced to endure second hand smoke just because smokers are too lazy (or inconsiderate, or both) to walk outside to smoke?
Choice
Ken says "I can tell you right now if Norfolk succeeds in banning smoking there I'm going to spend a lot of time there, easily more than anyplace else."
Well Ken, that is the CHOICE you have sir. You would be free to spend as much time in Norfolk and patronize as many smoke free restaurants and establishments as you wish. That is the whole argument here is freedom to choose. I am a non-smoker too and I don't like to eat my dinner while someone is smoking. So I choose to patronize restaurants that are non-smoking. It is totally irrevelavent that there are more non-smokers than smokers. This is not democracy....this is the rule of law. Both are totally incompatable with each other.
smoking in public
What none of the NON-SMOKING NAZIS fail to realize is this: Bars and restaurants are about the ONLY places in our state where they may encounter cigarrette smoke in an enclosed public space. We can't smoke in stores, offices, theaters, hospitals, Nursing homes, etc. The market has already set the scene where many bars and restaurants have prohibited smoking in their businesses, of their own accord. So these NON-SMOKING NAZIS can readily and easily go out to eat where smoking is not allowed. Get off the backs of us smokers - it is still legal, and it is still MY health! Don't go where we go and you won't experience second hand smoke! Its that simple! Again, let the individual business owner decide, not the government or the NON-SMOKING NAZI movement. I am SO PROUD of our legislators for having the guts to stand up for individual rights and tell the people who want to nanny us to death, to stop it! Face it people, you can change your restaurant choice easily to a non-smoking establishment. Leave my favorite places that allow smoking ALONE!
smoking in restaurants
What's really sad is that so many otherwise toleant places are now joining the War on Smokers. What the media don't usually tell us about Europe is that there's wide opposition and amny of their "bans" alow a separate room for smokers.
I rejoice every time a smoking ban bill is defeated. Good for Virginia--maybe I'll spend some of my tourist dollar in your state this year. We were looking at Maryland for a family vacation, but since they passed a smoking ban, I shan't be going there.
smoking
Many of the posters seem unable or unwilling, to admit that smoking cigarettes is the most addictive habit, legal or illegal in which one may partake. Yes, drunk driving causes accidents, some fatal. However, cigarettes & guns are 2 of the few legal products that not only can contribute to bodily harm & death, they are also among the few that when used as intended, out right cause death.
Yes, one has the right to smoke if one wishes, if one wishes to slowly kill oneself. However, smokers do not have the right to expose anyone else to these odoriferous, nonbiodegradable, cancer-sticks. Period!
I realize some may think it a curtailment of their rights, to ban smoking in public & that restaurant owners should have the right to decide the issue of smoke-free or not. Yet, I'm old enough to remember that argument being used by ones that didn't wish to see integrated restaurants. The argument lacked merit then, and still does today.
Well...
"If one city bans smoking in restaurants and another city does not, then it is possible that patrons who wish to smoke will go to another city where no such ban exists."
The reverse is also true. If a city bans smoking, then everyone who wants to dine without inhaling cigarette smoke (and there are more of us than there are of you) will make it a point to frequent the restaurants in said city.
I can tell you right now if Norfolk succeeds in banning smoking there I'm going to spend a lot of time there, easily more than anyplace else.
The Ban on Smoking
Gabrielle asks "If smoke-free policies didn't hurt business, why do so many owners insist they want all to be smoke-free at the point of government guns so they don't lose business to other places?"
I think you hit the nail on the head. If one city bans smoking in restaurants and another city does not, then it is possible that patrons who wish to smoke will go to another city where no such ban exists. Just like the boat tax argument was. Hence if ALL cities in the "region" aka regional big government banned smoking, then the restaurants could shrug their sholders and say goverment "made" us ban smoking in our establishment. Therefore there would be no choice to go elsewhere and being a regional ban it would not be cost effective to dine somewhere else that allows smoking.