Published: January 07, 2008 07:54 pm      

Proposal looks to snuff-out smoking in Virginia's restaurants

RICHMOND, Va. — A statewide ban on smoking in restaurants proposed Monday by Gov. Timothy M. Kaine could protect area residents from the dangers of second-hand smoking, lawmakers said.

“I supported that last year, and I do support the ban on smoking in restaurant areas,” Sen. Phillip Puckett, D-Russell, said. “I think there has been reasonable exceptions made for people who do smoke. But there is just so much evidence out there that indicates that second-hand smoke is a pretty critical situation for people who are exposed to it — and particularly our young people and our kids.”

Puckett said the proposed smoking ban could spark an emotional debate in the 2008 General Assembly session, which begins Wednesday.

“I think it will be a big issue,” Puckett said. “It’s a tough issue for a lot of people. Again, some people would argue it is all about choice.”

The proposed ban would include dining establishments and in public and private clubs. The proposed legislation also clarifies the definition of a restaurant for purposes of the smoking ban.

At the state line of Virginia and West Virginia, smoking is already banned in neighboring Mercer County. If the statewide ban is adopted by the General Assembly, the impact on local businesses may be minimal, Bluefield, Va. Town Manager Todd Day said.

“We support all of our businesses of course we have in the town,” Day said. “But smoking is a personal preference that is left up to the individual. However, if the state does pass this legislation, the state will work with the town to enforce it.”

Day said officials haven’t seen a lot of evidence to suggest that large numbers of West Virginia residents are crossing the border to eat at Virginia-side restaurants just for the purpose of being able to smoke.

“I’m sure some people enjoy smoking, and that is their preference,” Day said. “But I haven’t seen an increase in revenues based on that theory.”

Day said restaurants in Mercer County don’t appear to be impacted by the clean indoor air ordinance in Mercer County

“I have in the year’s past actually went to the Texas Steakhouse, and was questioning how their business was holding up in Princeton,” Day said. “The guy behind the bar actually said it (business) has increased.”

The proposed legislation changes the definition of a restaurant to any food establishment — including dining establishments of public and private clubs — where food is available for sale and consumption by the public and includes areas of a restaurant where food is prepared, served and consumed, according to a press release from Kaine. The proposal excludes exterior dining areas of food establishments from the ban, unless the exterior area can be enclosed.

“The scientific evidence about the health risks associated with exposure to secondhand smoke is clear and convincing,” Kaine said. “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 secondhand smoke is responsible for 1,700 deaths per year. The Campaign for Tobacco Free Kids estimates that the Commonwealth spends $124.9 million a year on health care expenditures related to secondhand smoke exposure, the governor’s press release said.

— Contact Charles Owens at cowens@bdtonline.com