Restaurant smoking ban OK'd, awaits Kaine's signature

RICHMOND

Virginia, whose economy relied on tobacco for almost four centuries, will ban smoking in most restaurants and bars.

The General Assembly on Thursday passed historic legislation that, come December, will outlaw lighting up inside eateries unless they have an enclosed smoking room with independent air ventilation. The bill allows smoking in open-air outdoor patios and at private clubs.

Gov. Timothy M. Kaine, who unsuccessfully pushed for smoking bans in each of the last two years, said he expects to sign the bill next month in the "quickest drying ink I can find."

After two weeks of intense debate, the legislation passed without discussion on votes of 27-13 in the Senate and 60-39 in the House. Many lawmakers said there was an overwhelming public support for the ban.

"We gave our constituents what they demanded," said Del. John Cosgrove, R-Chesapeake. "That's our job up here."

Three South Hampton Roads delegates played vital roles in passing the legislation. Cosgrove introduced a House bill for the ban, HB1703. Sen. Ralph Northam, D-Norfolk, authored a Senate bill, SB1105, which won approval Thursday.

Del. Chris Jones, R-Suffolk, ran the bill past a legislative hurdle that tripped up previous efforts to ban smoking. In each of the past two years, similar bills passed the Senate only to be killed in the House without a recorded vote by a six-member subcommittee. Jones, who this year became chairman of the House General Laws Committee that oversees the bill, bypassed the unfriendly panel.

Virginia will join 23 states that outlaw smoking in restaurants. Owners and diners who violate the ban will face a $25 fine.

The bill was a compromise between health advocates who wanted an unconditional restaurant smoking ban and conservatives who held that restaurant owners should be allowed to decide whether it is in their business interests to ban smoking.

Anti-smoking groups praised the compromise, noting that most restaurant owners already bar smoking and, among those that don't, many will not want to pay to enclose and ventilate a room for puffing.

Under the legislation, restaurant workers cannot be required to work in smoking rooms against their will.

Deborah Bryan, regional vice president for the American Lung Association, called the bill "a huge step forward" for Virginia.

The ban was strongly opposed by Philip Morris USA, the nation's largest cigarette producer, and its corporate parent, Altria. Both corporations are headquartered in metropolitan Richmond.

Bill Phelps, a spokesman for Altria, said the legislation is "effectively a complete ban on smoking."

"It's important to highlight the fact that every restaurant in Virginia now has the right to restrict smoking on its own and some have done so," Phelps said.

The House last week passed a watered-down version of the bill that allowed smoking in any room that was separated by a door from the rest of a restaurant. The Senate insisted on stronger legislation. Negotiators from the two chambers rejected most of the House provisions, however, and there was no effort by delegates to restore them on Thursday.

"The one thing I learned in politics is, don't get in front of a train when it's coming down the track," said Del. Terry Kilgore, R-Scott, who voted against the legislation.

Cosgrove rejected contentions that allowing smoking is a business decision for restaurant owners.

"Every restaurant is regulated now: They have a business license, they have an alcohol license, they have department of health regulations. The nanny-ism argument is spurious. Some people say it's a property-rights issue. People said the same thing when they didn't want to integrate their restaurants."

Unusual bipartisan cooperation between Kaine, a Democrat, and Republican Speaker William Howell of Stafford helped the bill pass. The two appeared jointly at a news conference last week urging the ban.

For Kaine, the ban may be an answer to critics who say he has not established a legacy as governor.

"This is a good bill,"

Kaine said. " This is one of those things we can do most easily that will promote health."

While acknowledging tobacco's historic role in Virginia, proponents of the legislation said a new day has dawned.

"Our economy has changed," Cosgrove said. "We have ports and military and technology in Virginia. While tobacco is a legal product, it also has a fairly potent drug: nicotine."

Warren Fiske, (804) 697-1565, warren.fiske@pilotonline.com

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