With many in the bar scene grumbling over the smoking ban going into effect December 1st, and the inevitably approaching winter temps (although 70* today does provide some hope), we have to wonder if such a die-hard group of drinkers will shift to accommodate establishments which cater to the new requirements for indoor inhaling.  As the new Virginia code rather clearly states:

Any portion of a restaurant that is constructed in such a manner that the area where smoking may be permitted is (i) structurally separated from the portion of the restaurant in which smoking is prohibited and to which ingress and egress is through a door and (ii) separately vented to prevent the recirculation of air from such area to the area of the restaurant where smoking is prohibited. At least one public entrance to the restaurant shall be into an area of the restaurant where smoking is prohibited.

We have been compiling a list of establishments which meet these criteria; however the ‘public entrance’ requirement knocks a few out of the running.  Additionally, from having traveled to quite a few locations with indoor smoking bans, there are always proprietors willing to accept the risk of a $25 fine (businesses = per person smoking? / individuals = per cigarette you’ve been observed to smoke?).  The code doesn’t clearly lay out the enforcement structure of these fines, although I’d imagine with 23 states having preceded us, there should have been ample code to plagiarize.

So, for those of us who continue to enjoy a little masochism with our mimosas, what locations are you betting will benefit from the new laws?  [Photo Credits]

Governor Timothy M. Kaine and key leaders in the General Assembly today announced a landmark agreement to pass a statewide smoking ban in Virginia’s bars and restaurants. The legislation will ban smoking in nearly all restaurants across the Commonwealth, allowing narrow exceptions for private clubs and restaurants with a designated smoking room that is physically separated and independently ventilated from non-smoking dining areas.

“The dangers of second-hand smoke are undeniable – that’s why I made a restaurant smoking ban one of my legislative priorities. This legislation will make Virginia’s restaurants safer for both patrons and employees,” Governor Kaine said. “I’m proud to have been able to work with leaders in both parties of the General Assembly to find common ground on this reasonable and necessary public health measure.”

Today’s announcement comes after Governor Kaine worked closely with legislative leaders to craft an agreement acceptable to both parties and both houses.

Virginia House Speaker William Howell also noted the agreement as a step forward for Virginians: “I am pleased to join in announcing a reasonable compromise on an issue important to Virginians,” said Speaker Howell. “The compromise strikes a fair balance between the rights of smokers who choose to enjoy a legal product and the rights of other individuals who want to enjoy a smoke-free environment when eating at a restaurant. This legislation is all about finding opportunities for cooperation and compromise where possible. And, where state leaders can find and share such common ground, we should.”

Second-hand smoke is responsible for an estimated 1,700 deaths per year, according to the Virginia Department of Health. In addition, the Campaign for Tobacco Free Kids estimates the Commonwealth spends $113 million a year on health care expenditures related to exposure to second-hand smoke.

To improve the health of Virginia’s employees and minimize health risks in the work place, Governor Kaine signed Executive Order 41 banning smoking in all state buildings and vehicles in October 2006.
The agreement makes Virginia part of a growing list of states around the country that are passing legislation curbing smoking in restaurants. Twenty-three other states and Puerto Rico have already passed bans on smoking indoors at bars and restaurants. Maryland and the District of Columbia passed similar restrictions on smoking in restaurants in 2007 and 2006, respectively.

Video announcement after the break…

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Our dear Gov. Tim Kaine tried for the third time this week to enact a smoking ban bill for the state of Virginia.  He failed once again.  Personally, I endorse this ban full heartedly.  I wrote about what a shitty breakfast I had with smokers at Blue Moon Diner.  Yes I know, it was in the smoking section.  But its still obnoxious, just like walking ino Mas with SARS and coughing everywhere.  “Oh shit, I thought this was the SARS section?!?!!?”.  To all you haters out there eat it, smoking ruins every social event.

Especially for you haters, your saving grace seems to be Gary Pesh, the incoming president of the International Premium Cigar & Pipe Retailers Association. He has a bucket full of research that proves second hand smoke indoor is relatively safe (yes, seriously):

“The Occupational Safety and Health Administration, which is charged with protecting the well-being of employees in the workplace, has established secondhand smoke standards well above the range which might be found in any bar or restaurant,” McCalla said.

“In fact, secondhand smoke air quality testing in such workplaces conducted by the American Cancer Society shows typical secondhand smoke concentrations up to 25,000 times safer even than those already-liberal OSHA standards. And testing by the prestigious Oak Ridge National Laboratory confirms that results of air quality testing of secondhand smoke in bars and restaurants was ‘considerably below limits established by OSHA’,” he said.

Pesh also said that business owners have the right to decide for themselves whether or not to make their establishments smoke-free.

“It’s a basic principle on which our nation was founded and one that Virginia, of all places, should embrace,” he said.

The Governor and the American Lung Association beg to differ:

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