State Update
From: Robert Deitz
To: Ahern, Judith
Sent: Thursday, August 09, 2007 4:09 PM
Subject: re: smoking bans update
Judith/Marilyn,
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Thank you very much for the update!
I am very pleased to see that the State of Virginia continues to allow personal choice and the protection of the individual business owner. I belive your current policy does in fact accommodate every reasonable persons preferances. Those that would have behavior legislated in a place that they do not even want to visit or patronize are just wrong and offensive. There are choices today in the State of Virginia – which is why I continue to visit and have my business meetings there. There are many non-smoking establishments today. I choose not to patronize them, but value their ability to make that choice. Those that would tell me that I can not patronize a smoking establishment – when they themselves have many choice’s available to them are wrong and not who I would hope the state legislature listens to.
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Thank you for upholding the principles and values that were established by George Washington and Thomas Jefferson – among other notable Virginian’s!
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Sincerely,
Robert Deitz II
?
Thank you very much for the update!
I am very pleased to see that the State of Virginia continues to allow personal choice and the protection of the individual business owner. I belive your current policy does in fact accommodate every reasonable persons preferances. Those that would have behavior legislated in a place that they do not even want to visit or patronize are just wrong and offensive. There are choices today in the State of Virginia – which is why I continue to visit and have my business meetings there. There are many non-smoking establishments today. I choose not to patronize them, but value their ability to make that choice. Those that would tell me that I can not patronize a smoking establishment – when they themselves have many choice’s available to them are wrong and not who I would hope the state legislature listens to.
?
Thank you for upholding the principles and values that were established by George Washington and Thomas Jefferson – among other notable Virginian’s!
?
Sincerely,
Robert Deitz II
———————– Original Message ———————–
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From: “Ahern, Judith” Judith.Ahern@governor.virginia.gov>
Date: Thu, 9 Aug 2007 15:46:09 -0400
Subject: smoking bans
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Mr. Robert J. Deitz II
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From: “Ahern, Judith” Judith.Ahern@governor.virginia.gov>
Date: Thu, 9 Aug 2007 15:46:09 -0400
Subject: smoking bans
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Mr. Robert J. Deitz II
This is in reply to your recent email to Governor Kaine regarding your opposition to indoor smoking bans.??
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The Virginia Indoor Clean Air Act (Act) (Sections 15.2-2800, et seq. of the Code of Virginia) was established to limit exposure to secondhand smoke.? The Act enables many public and private settings to establish their own policies for tobacco usage, but it restricts smoking in specific locations.? These locations include schools, commercial day care centers, hospital emergency rooms, school buses, elevators, some restrooms, local health departments and many retail stores.? The Act also states that restaurants seating more than 50 people must provide a non-smoking section sufficient to meet customer demand.? Some restaurants have adopted additional policies, such as limiting smoking during specified hours, restricting smoking to separately ventilated areas, or prohibiting smoking at all times.? Although the Act does not prohibit smoking in the workplace, many private employers have implemented smoking policies to meet the needs of their employees and customers.?
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The Virginia Indoor Clean Air Act (Act) (Sections 15.2-2800, et seq. of the Code of Virginia) was established to limit exposure to secondhand smoke.? The Act enables many public and private settings to establish their own policies for tobacco usage, but it restricts smoking in specific locations.? These locations include schools, commercial day care centers, hospital emergency rooms, school buses, elevators, some restrooms, local health departments and many retail stores.? The Act also states that restaurants seating more than 50 people must provide a non-smoking section sufficient to meet customer demand.? Some restaurants have adopted additional policies, such as limiting smoking during specified hours, restricting smoking to separately ventilated areas, or prohibiting smoking at all times.? Although the Act does not prohibit smoking in the workplace, many private employers have implemented smoking policies to meet the needs of their employees and customers.?
Of the six bills related to smoking that were introduced in the General Assembly, only one passed both houses.? It “prohibits smoking in restaurants in the Commonwealth unless a restaurant posts signs stating “Smoking Permitted” conspicuous to ordinary public view at each public entrance.? In this year’s General Assembly, the House of Delegates approved a bill (HB 2422) that would have eliminated the current non-smoking section in restaurants in favor of signage stating “smoking permitted.”? The Governor proposed an amendment to this bill that would have made restaurants smoke-free; however, the amendment was not accepted by the House of Delegates.? The Governor then vetoed the proposed legislation since it would have eliminated the current requirement for a non-smoking section in restaurants.?
I am sure you understand that it is very difficult to accommodate everyone’s preferences on this issue.? We continue to work for viable solutions that meet the needs of all our citizens.
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Thank you for contacting the Governor to express your opinion.?
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Marilyn B. Tavenner
Secretary of Health and Human Resources
1111 East Broad Street
Richmond, Virginia? 23219
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Thank you for contacting the Governor to express your opinion.?
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Marilyn B. Tavenner
Secretary of Health and Human Resources
1111 East Broad Street
Richmond, Virginia? 23219
Lawmakers revisit smoking ban for restaurants
July 10, 2007
Virginia lawmakers want to know, “What is a restaurant?”
It’s an important question as the legislature decides whether or not to ban smoking inside of them.
Governor Kaine amended a bill earlier this year to ban smoking in all Virginia restaurants.
Delegates stomped-out the idea after reading the legal definition of restaurants which includes everything from taverns to hot dog stands.
At the governor’s request, the state health commissioner is now working with stakeholders to propose a new definition.
Polls reveal most Virginians support smoke-free restaurants.
Hospitality officials say they’d like to have the option to allow smoking in their businesses, but that there’s already a trend to go smoke free.
There are 25,000 restaurants in Virginia.? Of the 18,000, the Department of Health has statistics on, more than half are smoke free.
Virginia’s new $3,550 speeding ticket
June 30, 2007
Traffic offenders face whopping additional fees that live on long after they’ve paid their fines. It’s part of a growing ‘driver responsibility’ trend that targets chronic offenders.
Traffic patrols have long been known as roving tax collectors. But in Virginia, they really are collecting taxes.
June 30, 2007
Traffic offenders face whopping additional fees that live on long after they’ve paid their fines. It’s part of a growing ‘driver responsibility’ trend that targets chronic offenders.
Traffic patrols have long been known as roving tax collectors. But in Virginia, they really are collecting taxes.
Starting July 1, an array of traffic offenses, from expired licenses to speeding, come with a “civil remedial fee” attached. That means a motorist convicted of reckless driving (75 mph in a 55 zone would qualify) faces not only a fine of up to $2,500 and a year in jail, but a non-negotiable $350-a-year tax for three years. The law forbids judges from waiving or reducing the fee.
Many fees dwarf the fines. A driver who disobeys an officer’s order to pull into a weigh station would be fined $35 and required to pay a $61 court processing fee. But the civil remedial fee would be $900 over three years.
Drunken driving? A fee of $1,000 a year for three years, plus fines and court costs. No insurance? That’s $300 a year for three years, plus fines.
It doesn’t stop there. Anyone unlucky enough to have 8 points or more on his license (reckless driving is good for 6 by itself) would pay an additional $100, plus $75 for any points over 8, up to $700 a year. (For a complete list of fee-carrying offenses, see this .pdf file.)
Such “driver responsibility programs” have become increasingly common for two reasons: Many states find that serial offenders make up the bulk of their cases, and they simply need the money. In fact, Virginia added a fee rather than increase fines because it wanted the money to improve its roads, and revenue from fines must go to public schools. The fees are expected to raise $200 million a year.
Kaine to Give Va. Smoking Ban Plan Another Shot
Express – Washington,DC,USA
Tim Kaine of Virginia made an attempt earlier in his term to bring a smoking ban to the commonwealth, only to be rebuffed by state lawmakers. …
Anti-smoking advocates regroup
Brandon Bell’s loss in the GOP primary removed a champion of those who want to limit the public’s exposure to tobacco.
Sunday, June 17, 2007
By Mason Adams
By Mason Adams
Ralph Smith’s defeat of Brandon Bell in Tuesday’s Republican primary for the 22nd Senate District dealt a heavy blow to anti-smoking advocates.
“We lost our champion,” said Cathleen Smith Grzesiek, Virginia director of advocacy for the American Heart Association. “He’s been so passionate and worked with us. It’s a big loss.”
At the same time, however, Grzesiek said a coalition of health groups called Virginians for a Healthy Future will continue to work on legislation to ban smoking in restaurants and other public places.
“The issue’s definitely not dead for us,” Grzesiek said. “We’ll continue to push forward. How we’ll do that we haven’t decided yet.”
Bell drew headlines over two General Assembly sessions by sponsoring legislation that would have banned smoking in most public places, including restaurants.
In 2006 he maneuvered it through the Senate before it was killed in a House subcommittee. This year, six delegates, including House Majority Leader Morgan Griffith, R-Salem, filed bills to address secondhand smoke.
Griffith’s bill passed both the House and Senate. It would have dismantled requirements that restaurants maintain a nonsmoking section but then make all restaurants nonsmoking unless they posted a “smoking permitted” sign at each entrance.
Gov. Tim Kaine amended the bill to remove the sign exemption, and it was subsequently killed during the General Assembly’s veto session.
Griffith said he thinks the failure of his bill effectively ended the chances for the passage of any sort of effective anti-smoking law.
“Those bills will never get out of committee,” Griffith said. “Never’s a long time in legislative life, but I don’t see any way that bill gets out of committee over the next four years, whether Brandon’s there or not.”
Kaine spokesman Kevin Hall said the governor will continue to pursue a ban on smoking in restaurants. The state health commissioner has assembled a work group to develop a definition of restaurant “with an eye toward fine-tuning a similar legislative initiative,” Hall said.
Hall predicted the governor would have little difficulty finding legislative sponsors for a restaurant smoking ban.
“I don’t think we’ll lack for supporters,” Hall said.
But you can probably rule out the next senator from the 22nd District. Neither Smith nor Democrat Michael Breiner expressed a willingness to carry that legislation.
Smith said he would support a proposal like Griffith’s, but there are too many other pressing problems to deal with first.
And he’s dead set against Bell’s legislation.
“It’s too much government meddling in deciding what’s best for the private community,” Smith said. “There are so many laws on the books right now it seems that government can’t manage and uphold, as far as immigration and other things, that why do they need to go somewhere else?”
Breiner, a plastic surgeon, said he would support legislation such as Bell’s.
“I would hope that small businesses would do the right thing and ban smoking in small spaces,” Breiner said. “But if they don’t, then I have no choice because of my oath to uphold public safety and public health, so I would support nonsmoking in small confined spaces.”
Breiner stopped short of saying he would sponsor such a measure, however.
May 8, 2007
Dear Governor Kaine,
Dear Governor Kaine,
I am a business executive that regularly travels from my home state of California to the DC/VA area. I have also traveled throughout the state, as we are corporate sponsors of the Museum of the Confederacy in Richmond as well as Colonial Williamsburg.
I never though that I would even being thinking of this, but I now believe that there are laws required to allow smoking! And I would love for Virginia to be the first one, as I want to continue to travel and visit your state frequently!
Let me make clear, I do not think people or business’s? should be forced, or even urged to smoke. How-ever, my first hand experience from California has shown that when that activity is banned it cost money. And this is forced on business owners who should be allowed to make good business decisions. Not one of the smoking bans I have seen has a provision for repaying business owners for lost income – which seems to me to be unconstitutional taking of private property. And I can tell you from personal discussions with owners of my three favorite restaurants in my home town, that they went out of business because of our smoking ban – only. One was in business for over 60 years before the ban.
Let me make clear, I do not think people or business’s? should be forced, or even urged to smoke. How-ever, my first hand experience from California has shown that when that activity is banned it cost money. And this is forced on business owners who should be allowed to make good business decisions. Not one of the smoking bans I have seen has a provision for repaying business owners for lost income – which seems to me to be unconstitutional taking of private property. And I can tell you from personal discussions with owners of my three favorite restaurants in my home town, that they went out of business because of our smoking ban – only. One was in business for over 60 years before the ban.
The fact is that people do things that are dangerous. Water skiing, motorcycle riding, sky diving, drinking, eating too much, the list goes on. Most states have laws that protect the innocent, such as not allowing young children to ride motor cycles. And some people smoke. By having areas set aside for them – smoking areas – that allows them to co-exist with others. And it allows for a varied business community to offer options based on market demand. If there is no demand for smoking, there will be no smoking establishments. Today there are many non-smoking establishments. And ones that do allow smoking usually post that so people that do not want to do business with those establishments can choose not to do so.
When cities or counties establish a smoking ban many of their business loose business to neighboring cities or counties. That is what happened in California, and we had cities over-turning their bans here because of that. That is when the anti-smoking forces focused on the state level so everyone would loose! To this day there are alot more home Monday Night Football parties in California than before! So some can smoke and not miss any of the game!
With the recent decision to ban smoking in DC, I will choose to stay in Virginia now, where I can have a smoking section at the restaurant. I would love to continue to have that choice. But I know there will be overwhelming pressure by the anti-smoking forces to ban this because now the DC and Maryland business’s are loosing business to Virginia business’s. If the State of Virginia passed a law to allow business’s to continue to allow smoking on the statewide level (or televise wrestling, or play any kind of music, or have funny contest, or what-ever they choose to build business!) they would be establishing that Virginia stands for individual rights and the intent of our great constitution. Virginia has a long and historic background in the formation of the United States – and I would love to see it be the one to stand up to those principles, which so many people have died for on it’s ground. Ground that I feel honored to visit and share with friends and my family.
This would not be a “Pro Smoking” law, it would be a “Pro Rights” law. It is conceivable that there would not be a single smoking establishment in the state under this law – if the market demand called for it. But let people and business owners choose – not Government! And I can think of no better place for that to start than the home of George Washington and Thomas Jefferson.
– A Newsletter Reader
– A Newsletter Reader
Altria defends lobbying effort
Executive with Philip Morris parent explains opposition to Va. ban
Executive with Philip Morris parent explains opposition to Va. ban
Apr 27, 2007
Altria Group Inc. Chief Executive Officer Louis C. Camilleri yesterday defended the company’s decision to fight a restaurant smoking ban in Virginia, despite having previously said it would not lobby on the issue.
Altria Group is the parent company of Henrico County-based Philip Morris USA, the nation’s top cigarette company and a major local employer.
Gov. Timothy M. Kaine proposed the restaurant smoking ban as an amendment to another bill passed by the General Assembly during its recent legislative session. Camilleri told shareholders at Altria’s annual meeting in East Hanover, N.J., that the company fought the proposed ban because it would have extended beyond restaurants to include areas such as outdoor festivals.
“We felt [Kaine’s] amendments were too draconian and extreme,” Camilleri said during the meeting, which was webcast.
Supporters of the ban interpreted Kaine’s amendment differently, saying it would have applied only to indoor areas of restaurants. The House of Delegates rejected the smoking ban by a 59-40 vote April 4.
Camilleri’s comments came in response to questions by Anne Morrow Donley, a tobacco control activist from Richmond, who said the company had gone back on a pledge not to lobby against indoor smoking laws.
“You have broken that promise,” Donley told Camilleri at the meeting. “This year in Virginia, my home state, you intervened more than once.”
Camilleri said the company did refrain from lobbying on smoking restrictions in 2005 and 2006. “However, we have revised that policy,” he said, adding that the company would get involved in cases where it believes smoking bans would go too far in restricting property rights. “Then, I think, we have a duty to adult smokers to defend their own rights, because they do have rights,” he said.
About 200 shareholders attended the meeting, the first since Altria spun off its stake in Kraft Foods Inc. last month. Camilleri said the company is considering separating its international and U.S. tobacco businesses. He said the company won’t rush to spin off the international tobacco unit as it studies options to increase the share price.
Shareholders defeated five shareholder proposals at the meeting, including one to get out of the traditional tobacco business by 2010.
Bill to ban smoking goes up in smoke
Health groups had pushed for legislation banning smoking in restaurants.
Health groups had pushed for legislation banning smoking in restaurants.
April 5, 2007
Mason Adams
Mason Adams
RICHMOND — An attempt to ban smoking in all Virginia restaurants failed Wednesday by a 59-40 vote in the House of Delegates.
The General Assembly this winter passed a bill to dismantle requirements that restaurants maintain a nonsmoking section. However, all restaurants would then become nonsmoking unless they posted a “smoking permitted” sign at each entrance.
The bill’s sponsor, Del. Morgan Griffith, R-Salem, said the measure would apply market forces to pressure more restaurants into going smoke free.
Gov. Tim Kaine amended the bill to remove the sign exemption. That meant the bill prohibited smoking in all state restaurants. Griffith, in response, argued the amendment would have unintended consequences.
“Not withstanding the good intentions of the governor, he mucked up the law,” Griffith said.
Any business that serves food, he said, would be affected, including catering, push carts, motels with room service and even private clubs.
“Many of your constituents who want restaurants to be smoke free are going to have a problem if you say to the veterans of this country, or the Moose or the Elk or the Odd Fellows or whoever else, that in their private club they can’t smoke a cigarette,” Griffith said.
Kaine said he would have approved the bill if it merely required the posting of “Smoking Permitted” signs. After Wednesday’s rejection of his amendment, however, Kaine said he will veto the bill because of “the rollback of no-smoking sections in restaurants.”
Griffith said his bill’s fate will likely ensure that nothing else happens for at least a while.
“I think it will happen someday, but it will take more than two years for a smoking bill to get out of committee as a result of this,” Griffith said. “I don’t plan to get involved in that.”
Sen. Brandon Bell, R-Roanoke County, who has pushed for a broader ban on indoor smoking, said he was disappointed with the House vote. But Bell, whose bills were killed in a House subcommittee, said he was happy the full House finally had to vote on the issue.
“This year we got a vote in the entire House,” Bell said. “We’re getting closer and closer to finding the right type of legislation that will fit for Virginia.”
A coalition of health groups called Virginians for a Healthy Future had pushed heavily for legislation banning smoking in public places such as restaurants.
“We’re disappointed but not really surprised,” said Cathleen Smith Grzesiek, Virginia director of advocacy for the American Heart Association, which is part of the coalition. “Big tobacco has deep pockets and they definitely reached into them for this. We’re just really happy the governor amended the bill the way he did and it went to the floor vote.”
The vote kills any hope of a smoking ban for the year. Griffith said he felt like the governor undermined what had been a “good-faith effort.”
This fall, all 140 members of the General Assembly will be up for re-election. And although the groups that make up Virginians for a Healthy Future are nonprofits that cannot work to influence elections, Grzesiek said, voters do have an interest in the issue of secondhand smoke.
She cited a poll of 625 registered voters conducted by Mason-Dixon Polling & Research, which showed 71 percent of Virginians favor a statewide law to prohibit smoking in most public places.
“Even without an organized effort, this is an issue important to Virginians and their voices will be heard throughout the next year,” Grzesiek said.
Certainly, this year represented a larger success for state smoke-free advocates than any time in recent history.
Since the landing at Jamestown, tobacco has been a huge part of Virginia’s economy. Lawmakers still refer to tobacco leaves engraved in the ceiling of the state capitol. That’s actually not true — the engravings portray acanthus leaves — but the myth still shows the strength of the industry.
In 2005 and 2006, tobacco interests contributed nearly $1.1 million to state candidates. Since 1996 they’ve given $5.1 million to state candidates.
But tobacco’s grip on the public has waned over the past couple of decades. In 1991 the General Assembly passed the Clean Indoor Air Act, which requires restaurants of a certain size to maintain a nonsmoking section.
Both of the General Assembly’s bodies have generally declined to pass bills to make state law even more restrictive.
That changed last year, though, when Bell shepherded a bill to ban smoking in most indoor places through the Senate. It was killed in a House subcommittee, with opponents arguing it infringed on the private property rights of business owners to choose for themselves.
Last summer, smoke-free advocates picked up more momentum when the U.S. surgeon general issued a report concluding there is no risk-free exposure to secondhand smoke.
A legislative campaign called Smoke-Free Virginia Now followed, complete with stickers and yard signs.
Legislators seemed to respond. Bell reintroduced his bill to ban smoking in public places.
In addition to Griffith, five delegates in the House filed bills to address secondhand smoke. All were killed in committee.
Staff writer Michael Sluss contributed to this report.
House rejects restaurant smoking ban
April 4, 2007
LARRY O’DELL
RICHMOND, Va. — Smokers will continue to be able to light up in Virginia bars and restaurants that allow it.
The House of Delegates voted 59-40 Wednesday to reject Gov. Timothy M. Kaine’s proposal to ban smoking in dining establishments throughout the state. Kaine had proposed the ban as an amendment to legislation sponsored by House Majority Leader H. Morgan Griffith of Salem.
The measure as passed by the General Assembly now goes back to Kaine, who said he will veto it. Legislators will not have an opportunity to override the veto, which means the public smoking law adopted in 1990 will remain unchanged.
Kaine had touted the ban as way to protect restaurant customers and employees alike from the scientifically proven health hazards of secondhand smoke. The issue will not fade away, he said.
“Momentum is strongly in favor of these kinds of protections for workers and consumers,” Kaine told reporters after the House vote.
Griffith’s bill would require restaurants that allow smoking to post a “Smoking Permitted” sign at the entrance. However, it also would eliminate the Virginia Indoor Clean Air Act’s requirement that restaurants that allow smoking offer separate smoking and nonsmoking sections–a provision that Kaine called a “big step backward” in protecting public health.
Griffith claimed that Kaine’s amendment was so broad that it would have the unintended consequence of banning smoking even at outdoor festivals or private events where food is prepared and served.
“He mucked up the law,” Griffith said. “If we pass these amendments, it will come back to bite you in the ankle.”
All 140 legislative seats are up for election in November.
Cathleen Grzesiek, chairman of a coalition of health organization and state spokeswoman for the American Heart Association, said Griffith’s portrayal of the amendment as more far-reaching than a simple restaurant smoking ban “was just a smokescreeen and an attempt to confuse and scare legislators into voting against it.”
Said Grzesiek: “We’re disappointed 59 members of the House chose to protect big tobacco over the health of Virginians.”
Richmond-based tobacco giant Philip Morris USA had lobbied against the ban. The company supports banning smoking in restaurants with an exemption for areas near the bar, spokesman Bill Phelps said.
“We believe total bans go too far because they fail to respect the comfort and choices of adults who smoke and those who don’t,” Phelps said. “We’re glad legislators agree with this view.”
The Virginia Retail Merchants Association also had opposed the ban, arguing that restaurateurs should have the right to decide for themselves whether to allow smoking.
Smoking ban rejected
Apr 4, 2007
A proposed restaurant smoking ban in Virginia failed in the General Assembly today.
The House of Delegates snuffed out the ban, rejecting it by a 59-40 vote.
The House vote sends the bill back to Gov. Timothy M. Kaine in its original form. He can either sign it or veto it. Kaine said he will veto the bill.
Kaine proposed the restaurant smoking ban as an amendment to legislation passed by the General Assembly in February that would have required restaurants that allow smoking to post “smoking permitted” signs.
The sponsor of the legislation, Del. H. Morgan Griffith, R-Salem, raised objections on the House floor to Kaine’s amendment, saying it went too far and would make smoking illegal at weddings and outdoor festivals.
“Notwithstanding the good intentions of the governor, he mucked up the law,” Griffith said.
Because the House rejected the amendment, the state Senate does not need to act on it.
Health Chief Promises ‘Common-Sense’ Rules
Proposal Faces Legislative Opposition
April 3, 2007
By Tim Craig, Washington Post Staff Writer
RICHMOND, April 2 — Virginia’s health commissioner said Monday that if the General Assembly votes this week to ban smoking in bars and restaurants, he will appoint a task force to develop “a common-sense definition” for eating establishments that would be covered.
Proposal Faces Legislative Opposition
April 3, 2007
By Tim Craig, Washington Post Staff Writer
RICHMOND, April 2 — Virginia’s health commissioner said Monday that if the General Assembly votes this week to ban smoking in bars and restaurants, he will appoint a task force to develop “a common-sense definition” for eating establishments that would be covered.
Kaine’s proposed smoking ban may be extinguished
Mar 28, 2007
Joe Rogalsky, The Examiner
Joe Rogalsky, The Examiner
Richmond – Despite the increasing popularity bans on smoking in restaurants and other public places are enjoying around the world, a gubernatorial proposal seeking to turn Virginia establishments smoke-free likely will be snuffed out next week.
The General Assembly passed legislation allowing restaurants to do away with no-smoking sections if they posted “smoking permitted” signs at their entrances. Without the signs, restaurants could not allow smoking at all.
Gov. Tim Kaine amended the bill so that the measure now totally bans smoking in Virginia restaurants, something that irked the legislation’s sponsor, House Majority Leader Morgan Griffith, R-Salem.
Griffith said Tuesday that he would work to defeat the amendment when lawmakers convene April 4, which would send the original bill back to Kaine. The governor then has the options of signing or vetoing the bill.
Any kind of smoking ban would be startling in Virginia, which is home to cigarette giant Philip Morris. Tobacco has been grown in Virginia almost since the commonwealth’s founding in 1607, and the cigarette industry has considerable clout in Richmond.
“I gave my word to the General Laws Committee that I would fight attempts to strengthen my bill, and I am opposed to the amendment from a public-policy standpoint,” Griffith said. “Smoking is still legal, and if a private business owner wants to allow smoking, we should not make it impossible for smokers to go out and get a bite to eat.”
Griffith said he might have been able to support a partial ban that allowed smoking in cigar bars and a few other places.
Virginia law has no legal definitions for bars and restaurants, which makes writing legislation to differentiate between the two difficult.
Kaine nixes death penalty bills, proposes restaurant smoke ban
March 27, 2007
Virginia Gov. Tim Kaine on Monday vetoed five bills that sought to make more crimes eligible for the death penalty and amended another so it will now ban smoking in all restaurants.
The vetoed measures would have allowed all participants in a murder, not just the individual inflicting the fatal wound, to be eligible for execution and permitted those convicted of killing a trial witness to be put to death.
The death penalty has a been a touchy issue for Kaine. He said during his 2005 campaign that he would put aside his Catholic opposition to executions and enforce Virginia’s death-penalty laws if elected.
“I do not question the seriousness of the crimes,” Kaine said in a Monday news conference in Richmond. “I just do not think we need to expand capital punishment in Virginia to keep our citizens safe.”
The General Assembly will return to Richmond for a one-day session April 4 to consider Kaine’s vetoes and amendments. Two-thirds majorities in each chamber are needed to override his veto, while simple majorities are required to approve the amendments, such as the governor’s smoking proposal.
The smoking bill lawmakers sent Kaine last month would have repealed the state law that restaurants have no-smoking sections. Restaurants could allow smoking if they posted “smoking permitted” signs at their entrances.
“My amendment says there will be no smoking in any restaurants in Virginia,” Kaine said.
The smoking ban faces long odds in the House of Delegates. A House committee only approved the legislation that went to the governor after its sponsor agreed to fight any attempts to toughen its restrictions.
Monday marked the deadline for Kaine to sign, veto or amend legislation approved during the legislative session earlier this year. As of Monday afternoon, Kaine said he still had more than 100 measures to consider before midnight, including a controversial measure imposing new regulations on the electricity industry.
Va. gov defends proposed smoking ban
BusinessWeek – USA
By LARRY O’DELL. Gov. Timothy M. Kaine said Thursday that he proposed a statewide ban on smoking in restaurants primarily to protect workers — not …
BusinessWeek – USA
By LARRY O’DELL. Gov. Timothy M. Kaine said Thursday that he proposed a statewide ban on smoking in restaurants primarily to protect workers — not …
FOOD- THE DISH- Smoke screen: Gov Kaine slips in smoking ban
The Hook – Charlottesville,VA,USA
“This bill is basically a stategic move to get it to the Governor, who I think will amend it to come up with a pure restaurant smoking ban,” said Deeds of …
Senate OKs smoking-allowed sign bill
Anti-smoking activists pin hopes on governor.
Anti-smoking activists pin hopes on governor.
February 22, 2007
By Mason Adams??
By Mason Adams??
RICHMOND? — The Virginia Senate voted today to approve a bill to do away with requirements that restaurants have a nonsmoking section while requiring those that allow smoking to post a sign at all entrances.
The Senate voted 23-17 to approve House Bill 2422, which had been touted by its sponsor, Del. Morgan Griffith, R-Salem, as a free market solution to second-hand smoke. Sen. Brandon Bell, R-Roanoke County, had said he planned to introduce an amendment to change the bill to a restaurant smoking ban, but Griffith said he’d strike the bill if it was changed.
Instead, Bell encouraged the Senate to approve the bill and send it to Gov. Tim Kaine. Bell and a coalition of advocacy groups hope Kaine will amend the bill to remove its exemption for restaurants that post signs. That would in effect outlaw smoking in restaurants altogether.
“It’s our hope the governor will take a look at this bill,” said Cathleen Smith Grzesiek of the American Heart Association. “It’s a prime opportunity to ban smoking in restaurants. It’s our hope he will pick that up and do it.”
Kaine’s spokesman Kevin Hall was vague about the governor’s plans for HB 2422.
“The governor has indicated he is not supportive of blanket bands on private business owners,” Hall said. “However, he would consider reasonable restrictions in public places such as bars and restaurants.”
Kaine has until March 26 to sign, veto or amend the bill.
Giving Diners Notice on Smoking
By Richmond Notebook
February 16, 2007
February 16, 2007
A Virginia Senate committee approved a bill yesterday that has cleared the House of Delegates that would ban smoking in restaurants unless they post a sign near the entrance stating that smoking is permitted.
The bill was filed by House Majority Leader H. Morgan Griffith (R-Salem), a conservative who has said he opposes more restrictive smoking legislation that would institute bans in restaurants and other public spaces, such as workplaces.
Those stricter measures were defeated in the House this year. Morgan’s bill, in contrast, appears headed for passage in the Senate. One reason may be Philip Morris USA, the Richmond-based cigarette manufacturer, which has lobbied against the more restrictive measures but not the Griffith bill.
Smoking ban likely to die
Feb 9, 2007
Jay Warren? / WSLS NewsChannel 10
Jay Warren? / WSLS NewsChannel 10
It appears likely the General Assembly will snuff out a smoking ban in restaurants and bars.
The measure has been a burning passion for State Senator Brandon Bell, (R-Roanoke County). At the beginning of the session he told me, “I feel like we’re going to move it a lot further down the field.”
Oh how things change in four weeks. On Friday, Bell told me, “I think it is still going to be difficult. The bills are still alive but I think it will be tough to come to agreement.”
Bell’s bill passed the Senate but is now in a House Committee and it won’t likely pass there in part because of a bill by Bell’s colleague and friend, Salem Delegate Morgan Griffith.
The Griffith sponsored smoking bill passed the House. It would do away with designated smoking sections and instead make a restaurant post a sign outside saying whether smoking was allowed or not. Part of the argument for that makes sense. Do smoking sections really work? If someone lights up on the edge of the smoking section and you’re sitting near it, you’re going to be affected.
Bell says Griffith’s bill is more smoke that real progress.
“It is a very soft version that deals with putting signs up that I don’t think go far enough,” he said.
As for Bell, this session may have put him and his bill out in the cold, but he’s not giving up.
“I’m committed to this,” he said. “It’s a momentum issue. It takes a while for Virginians and others to warm up to it.”
In other words, Bell will bring the bill back up next year, assuming he is re-elected in November. As for momentum, Bell’s bill did better in the Senate than it did last year and there are more House members coming around to the idea as well.
January 18, 2007
It is imperative that you and your patrons contact NOW the following list of legislators noted below, that will hear and vote next Thursday, January 25 on the House of Delegates proposals to ban smoking in the Commonwealth of Virginia. The Senate version, in the form of Senate Bill 1161 sponsored by Roanoke’s Sen. Brandon Bell will be heard later in the session, following action in the Senate.
NOW, you and your patrons MUST oppose House Bill 2245, 2689, 1952, and 2005.
CONTACT POINTS FOR HOUSE SUB COMMITTEE MEMBERS:
It is imperative that you and your patrons contact NOW the following list of legislators noted below, that will hear and vote next Thursday, January 25 on the House of Delegates proposals to ban smoking in the Commonwealth of Virginia. The Senate version, in the form of Senate Bill 1161 sponsored by Roanoke’s Sen. Brandon Bell will be heard later in the session, following action in the Senate.
NOW, you and your patrons MUST oppose House Bill 2245, 2689, 1952, and 2005.
CONTACT POINTS FOR HOUSE SUB COMMITTEE MEMBERS:
Delegate Thomas D. Gear
804-698-1091
DelTGear@house.state.va.us
Delegate Watkins M. Abbitt, Jr.
804-698-1059
wmabbitt@flash.net
Delegate David B. Albo
804-698-1042
dave@davealbo.com
Delegate Ward L. Armstrong
804-698-1010
warda@kimbanet.com
Delegate John A. Cosgrove
804-698-1066
DelJCosgrove@house.state.va.us
Delegate Thomas C. Wright, Jr.
804-698-1061
thomascwright@earthlink.net
– A Newsletter Reader
Restaurant owners against smoking ban
January 19, 2007
DEBBIE HALL
DEBBIE HALL
A new poll shows support for a smoking ban in public places, but local restaurant owners are not as sure.
“I think it would hurt us a little bit,” said Chuck Nichols, a manager at Texas Steakhouse, of the proposal to ban smoking in public places like restaurants.
“A fourth of our restaurant is a smoking area and we have regulars who come every week,” Nichols said.
They might not show up if the ban is approved, he said.
Although restaurants might disapprove, lawmakers who support smoking bans may be gaining ground with voters, according to the results of a Mason-Dixon Polling and Research survey paid for by health organizations.
Of the 625 registered voters surveyed Nov. 13-14, 71 percent approved a smoking ban, and about half support candidates who favor such bans. There are more than 4.5 million registered voters in Virginia.
A smoking ban proposed last year by Sen. Brandon Bell, R-Roanoke, narrowly passed the Senate in a 21-18 vote, but the measure was defeated in the House by a six-member committee, according to The Associated Press.
Bell reintroduced the proposal this year and, if approved, it will ban smoking in nearly all buildings, including restaurants.
“I think it would be a bad thing,” said Trina Arnold, a manager at Duffer’s in Patrick Henry Mall. “We get a lot of people who still smoke. They come in here to eat, relax” or to have a drink and unwind.
Duffers has no designated smoking area, Arnold said, but “we have no complaints. We don’t even have complaints from the people who don’t smoke.”
Arnold said if the measure passes, she expects local restaurants to suffer.
“The economy is bad enough around here without them doing something to make it worse,” she said.
At Rania’s, there are sections for smokers and non-smokers, according to Roberto Sanchez, owner of the establishment.
“There are still a lot of smoking people. They like to smoke” after eating, he said.
He added that he believes a smoking ban would be “very hard” to implement.
“We’re doing very well with people who smoke and with people who don’t smoke,” Sanchez said of his customer base.
Johnny Arnold of Garfield’s Place also hopes the proposed ban fails.
He is not a smoker and said he does not know if a ban would affect business one way or another, but the proposal just does not sit well.
“I would rather they not pass the ban,” Arnold said. “I just don’t think they should.”
Dutch Inn restaurant and Flying Dutchman Lounge owner Jack Carr said if the ban passes, it will help him kick a habit that has plagued him for years.
Carr said he has tried to quit smoking unsuccessfully for years. But because he is exposed to smoke in the work environment, the difficult task of quitting becomes almost impossible.
Although a ban “will help me personally, I don’t know what it’s gonna do” to business, he said.
He thinks the proposed ban is a sign of the times.
Citing the passage of similar measures in parts of Florida and Georgia, he said, “I think it will probably end up passing” in Virginia too. “It’s the wave of the future. And, if it passes, sweet! I’m gonna go get a big jar of bubble gum.”
Country Cookin’ banned smoking company-wide in October 2005, according to Darlene Morton, manager.
She does not believe it has affected business and has heard few complaints.
Of those she has heard, the pros outweigh the cons.
“We’ve had more people thank us than we’ve had people complain,” Morton said.
Lawmakers faced with smoking ban bill again
January 16, 2007
When you visit most restaurants, you can either sit in the smoking section or non-smoking area. But more customers want to dine in a smoke-free establishment.
State Senator Brandon Bell of Roanoke agrees. He wants to ban smoking in indoor places, like restaurants. He points to a recent surgeon general’s report that highlights the harmful effects of secondhand smoke. But many smokers are against the ban. They say Bell should butt out.
Smokers have the support of some state lawmakers. They believe the market, not the government, should dictate what restaurant owners do. It is something we are already seeing in Roanoke. At Abuelo’s, the decision to stay smoke free was made after surveying customers.
Brandon Bell isn’t the only lawmaker proposing anti-smoking legislation. Delegate Morgan Griffith of Salem has filed a bill that would prohibit restaurants from allowing smoking. However, they would be allowed to post signs at all public entrances indicating that smoking is permitted.
Meanwhile, Delegate William Fralin is blowing new life into a bill that would fine smokers who throw their cigarette butts on the ground. The bill died last year. But Fralin changed the bill this year so fines would be used to create a program on litter awareness.
Senator tries to breathe life into smoking ban
Feb 25, 2006
JOHN REID BLACKWELL
The senator who introduced legislation to prohibit smoking in most public, indoor spaces in Virginia requested another hearing for the bill yesterday after its defeat in a House subcommittee.
But the two House of Delegates members who could most easily revive the measure said they will not do so.
The bill, sponsored by Sen. Brandon Bell, R-Roanoke County, would have prohibited smoking in restaurants and other indoor places accessible to the public with few exceptions. It passed the Senate 21-18 but was unanimously rejected by a six-member House General Laws subcommittee Thursday night.
Under rules adopted by the House this year, subcommittees can defeat legislation. In a letter to House Speaker William J. Howell yesterday, Bell objected to that procedure and requested a hearing in the full committee.
“Allowing 6 percent of the House of Delegates to determine the fate of a bill that has already received a majority vote in the Senate is hardly a fair hearing,” Bell’s letter said.
“We can all agree that the House can set its own rules for how to deal with House bills but I believe, as do many of my colleagues, that a bill that has been fully vetted by the Senate deserves more consideration than a six-member subcommittee.”
Neither Howell, R-Stafford, nor the chairman of the General Laws committee, Del. John S. Reid, R-Henrico, said they would consider resurrecting the legislation. “It had a fair hearing, and it was defeated 0-6,” Howell said in an interview. “It would have had the same fate before the full committee, I am confident.”
Howell said he thinks the rule allowing subcommittees to kill legislation has worked well.
Bell also cited public support for the measure as a reason to bring it before a full committee. Speaking to reporters yesterday, he said opinion polls have shown strong support for new restrictions on smoking in public places. Public-health groups that lobbied for the proposal said supporters around the state sent about 13,000 e-mails to lawmakers.
Howell said he agreed with opponents that the government should not mandate whether businesses allow smoking. “It’s a situation where the free-market should be allowed to take care of things,” he said. “This bill went too far in encroaching on people’s rights.”
Reid said he would have considered bringing the bill before the full committee if it had received two or three votes in the subcommittee.
Supporters of the bill “did need to show that it had some support in the subcommittee, and they didn’t,” he said. “I know [Bell] is disappointed, because he worked hard on the bill, but I don’t think it merits changing the rules that we have used during this session.”
Reid expressed sympathy for the goal of the legislation to limit indoor smoking. “I think it has been shown there is some receptiveness to it in the commonwealth,” he said. “If [Bell] were to work on it before the next session, he might win some more votes.”
