Smoking debate taught lessons

Issue goes beyond partisan politics

The Virginia Gazette, by Steve Vaughan
April 7, 2007

Gov. Kaine’s failed statewide ban on smoking in restaurants proved enlightening, if nothing else.

Virginians learned that smoking in restaurants is more popular in the House of Delegates than it is with the general public. Polling showed that almost 75% of Virginians support a ban on smoking in bars and restaurants. Del. Phil Hamilton (R-93rd) said 60% of respondents to his newsletter favor an even stricter ban on smoking in all public buildings.

And yet, the governor’s ban was defeated 59-40 in the House.

But it was not a partisan issue, since 12 Republicans voted for the ban and 12 Democrats voted against it.

When Democratic candidate in the 96th District Troy Farlow criticized incumbent Republican Del. Melanie Rapp for her ‘no’ vote, he cited Hamilton’s ‘yes’ vote.

Rapp was ready for that.

“I might note that House Democratic Leader Ward Armstrong, whose caucus Mr. Farlow would join were he to be elected delegate, concurred in my view on this particular issue and voted against the governor’s ban on smoking in public,” she said Friday.

Rapp and Farlow epitomize the debate.

Echoing comments that her own floor leader, Del. Morgan Griffith (R-Salem), made on the floor of the House Wednesday, Rapp said she voted against the smoking ban because the governor had gone too far. She said his amendments would have banned smoking anywhere food was served, including private catered weddings and street festivals like Yorktown Day and Fourth of July outings.

She supported the original bill that would have allowed smoking only in restaurants willing to post a “Smoking Permitted” sign at the entrance.

“By adopting this policy, the legislation would allow more market forces to encourage more restaurants to go smoke-free while not imposing a blanket government ban on all establishments,” she said.

Rapp said she votes with her dollars.

“I am not a smoker, and when dining out, I frequently select restaurants I know to be smoke-free,” she said. “That is my right as a consumer. But, I am opposed to the imposition of a universal ban on smoking in public, as would have been mandated under the governor’s amendment.”

To Farlow, the issue is less about property rights than public health.

“I believe that freedom of choice is the bedrock of this country until your choice infringes on the health and well-being of others,” Farlow said. “With that said, I stand with Sen. John Warner, Gov. Tim Kaine and the bipartisan group of legislators in Richmond who voted to ban smoking in bars and restaurants.”

Like Kaine, Farlow emphasized the health concerns of restaurant workers who, unlike customers, may not have an easy choice to make.

“This bill has a deep impact on the cost of health care for our community. As the spouse of an oncologist, I know the devastating costs of second-hand smoke that now exists,” he said. “We need to do better by people who work in our taverns and restaurants, and this bill would have done just that.”

Another lesson learned is that smoking in restaurants may become obsolete regardless. Farlow pointed out that 13 states already have bans. Rapp said other forces are at work.

“In our area, which is heavily dependent on tourism, we have already seen market forces at work, as an ever-increasing percentage of restaurants opt for ‘no-smoking policies,’” she said.

Area restaurateurs bear that out.

Mickey Chohany took his 2nd Street Restaurant smoke-free as part of its recent renovation. “I think Virginia will eventually pass something like this,” he said of the restaurant ban. Chohany said it may be more acceptable in a sports bar-type setting.

He said most upscale restaurants in the city are already smoke-free, and that includes Colonial Williamsburg.

“Smoking is allowed in the Restoration Bar of the Williamsburg Inn, but not in the Regency Room or in any of our taverns or anywhere in the Lodge,” said spokesman Barbara Brown.