A Bipartisan Blow to Smoking

Leaders Support Ban in Bars, Restaurants

By Tim Craig, Anita Kumar

Originally published at 12:20 p.m., February 5, 2009
Updated at 11:12 p.m., February 5, 2009

RICHMOND, Feb. 5 — Gov. Timothy M. Kaine and Republican House Speaker William J. Howell have agreed on a plan to prohibit smoking in most Virginia bars and restaurants, putting unprecedented political heft behind a measure that was once unthinkable in the cradle of the nation's tobacco industry — and home base to one of the largest producers of cigarettes in the world.

Under the plan, which represents a rare moment of bipartisan cooperation between the state's two most powerful leaders, smoking would still be permitted in private clubs, and other public establishments would be given the chance to construct enclosed, ventilated smoking rooms for patrons.

A few hours after Howell (R-Stafford) and Kaine stood together to unveil their plan, the legislation was approved by a House committee. It will be taken up Monday by the full House for a vote.

Kaine and Howell both predict the legislation will be approved. But opposition was building Thursday night, not only from the powerful tobacco and business communities but also from influential anti-smoking activists who did not think the proposal was comprehensive enough.

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Virginia to Pass Smoking Ban

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State officials announced on Feb. 5 that they had come to an agreement on a state-wide smoking ban, which would ban smoking in bars like Shenanigans Pub in Leesburg. The only exemptions under the ban would include private clubs and establishments with walled-off, ventilated rooms. (Tracy A. Woodward)

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Christy Gates of Lovettsville, and Don Ferguson of Leesburg, enjoy smoking at Shenanigans Pub in Leesburg, which they will no longer be able to do under Virginia's smoking ban. (Tracy A. Woodward)

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Don Ferguson of Leesburg lights a cigarette inside Shenanigans Pub in Leesburg. Virginia recently found agreement on a state-wide smoking ban. (Tracy A. Woodward)

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Political analysts and scholars said the compromise itself represents a significant shift for Virginia, where one in five adults smoke and thousands of tobacco farms still dot the landscape.

"Virginia has had a long, ambitious relationship with tobacco," said George Gilliam, of the University of Virginia's Miller Center of Public Affairs.

The bill came after weeks of private deliberations between Kaine, who is eager to leave office with a major accomplishment that will help define his legacy, and Howell, who is increasingly nervous about Democratic gains in recent elections.

After helping to block previous efforts to enact a smoking ban, Howell overrode the wishes of many GOP delegates and said it was time to forge a compromise with Kaine, who for years has made the ban one of his top priorities.

"I feel comfortable that the rights of citizens to enjoy a legal product have been protected and that the rights of citizens who don't want smoke while having their dinners have been protected as well," Howell said. "This is something that puts to rest a contentious issue that has been around a long time."

If approved, the bill would take effect July 1 and Virginia would join 23 states and the District of Columbia in banning smoking in bars and restaurants. The tobacco trade fueled Virginia's painful ties to slavery, and this measure would make it the first state in the South to ban smoking in both bars and restaurants.

Richard Kluger, who wrote the Pulitzer Prize-winning book "Ashes to Ashes" about the history of tobacco, said Virginia leaders' proposal to ban smoking in bars and restaurants represents a major milestone in efforts to marginalize smoking in the United States.

"You're talking about a deeply ingrained social habit that was almost the cultural norm," Kluger said. "It's taken 300 years to get there."

Lawmakers in North Carolina, another tobacco-growing state, are also debating proposals for indoor smoking bans this year. Public sentiment in recent years has shifted rapidly in favor of the bans. A 2006 Gallup poll found that even most smokers believed increased restrictions on smoking in public places are justified.

Thursday's announcement does not guarantee that the legislation will win approval in Richmond. Anti-smoking and health advocates argued that the proposed ban does not go far enough. The American Heart Association, American Cancer Society and the American Lung Association vowed Thursday to fight the bill. They say it lacks enforcement — violating the ban would bring only a $25 fine for businesses.

Peter Fisher, a vice president at the Campaign for Tobacco-Free Kids, called the proposal "a step backward."

"It looks like a bit of a missed opportunity," said Fisher, whose organization is opposing the bill.

Conservatives are also blasting the proposal, saying it curtails individual freedom. "It's a property rights, liberty and freedom issue," said Del. C. Todd Gilbert (R-Shenandoah). "One of the basic tenets of our party is that we trust people to make decisions that are right for themselves."

But Kaine said the proposal is a "good example of compromise" and "a true bipartisan achievement."

Kaine and Howell started working behind the scenes on a compromise months ago. Last summer, the Kaine administration floated a proposal to limit a ban to evening hours, before alcohol starts flowing. Howell didn't show much interest in the idea.

Howell restarted the negotiations after he grew worried about the looming November elections, GOP delegates say. Since Howell took over as speaker in 2003, Democrats have picked up 11 House seats. If Democrats pick up six more seats in the November election, they will gain the majority.

Howell denies that politics influenced his decision. But Del. David B. Albo (R-Fairfax), who has tried to broker past compromises on the issue, said the speaker is trying to reverse the perception that House Republicans are inflexible.

"I don't think he even wanted to ban smoking, but he wanted to show he could compromise," Albo said.

Howell is now staking his reputation on getting the bill approved.

On Wednesday, one Republican who opposed the ban demanded a caucus vote to find out if a majority supported the issue. But Howell stopped them and said, if they wanted to, they could instead take a vote on his leadership.

According to GOP lawmakers who were there, the delegates declined.

Staff writer Frederick Kunkle and polling director Jon Cohen contributed to this report.

Tagged: Gov. Tim Kaine, smoking ban, State news

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