Gov. Kaine About to Cave on Smoke-Free Restaurants?

By: Lowell
Published On: 9/19/2008 2:49:44 PM

I'm hearing some disturbing news with regard to Governor Kaine and smoke-free restaurants - an issue on which he's been a champion the past few years. The American Heart Association, the American Lung Association, the American Cancer Society, the Campaign for Tobacco Free Kids, Smoke Free Virginia Now, and 71% of all Virginians all understand that smoking should not be permitted in bars and restaurants. They also understand the reasons for this: that second-hand smoke is a serious health threat; that bar and restaurant workers need to be protected from this threat; and that voluntary measures just won't cut it.

Here is a list of current smoking bans in the United States, both states and cities. As you can see, Virginia is one of a dwindling number of states where there are no restrictions on smoking.  In April 2007, the Virginia General Assembly rejected Gov. Kaine's proposal "for a statewide ban on smoking in bars and restaurants." Very unfortunate.

In January 2008, Gov. Kaine tried again, pointing out (correctly) that the "scientific evidence on the health risks associated with exposure to secondhand smoke is clear and convincing."  That effort was killed by the Republican-controlled House of Delegates on February 14, 2008.

Now, as 2008 winds down and we move closer to the last General Assembly session of Tim Kaine's governorship, this issue is back. Unfortunately, this time around, I'm hearing that Kaine is going to push for a half-measure that's worse than doing nothing at all: no smoking in restaurants, but only before 10 pm.  After that, you can light 'em up!  What I'm hearing is that Health and Human Services Secretary Marilyn Tavenner is currently pushing for this utterly ridiculous approach, despite vehement opposition from public health advocates.

more after the "flip"  
Why is Gov. Kaine, who's been excellent this issue, going this route? Sadly, what I'm hearing is that Kaine has decided that getting something is better than nothing on this issue.  One source puts it this way: "This is as weak and mealy mouthed as you can get, but Tim Kaine wants to be able to say he accomplished something on this, because he certainly hasn't yet."  The problem is that if this completely inadequate legislation goes through, it will most likely mean no REAL action on a comprehensive smoking ban in Virginia for many, many years.  Essentially, the politicians will be able to pat themselves on the back and say, "hey, we accomplished something!"  Except that they really won't have; I mean, what's the point if everyone can start smoking again after 10 pm?  Stupid.

Also stupid is the fact that this will potentially give the Dave Albo's of the world political cover on this issue, while taking away an issue that Democratic House of Delegates candidates could use in 2009. Kinda like when Tim Kaine signed the "transportation monstrosity" in the spring of 2008 - complete with abusive driver fees and unconstitutional regional authorities that balkanized Virginia - instead of vetoing it or heavily amending it and letting the voters decide that November.  Bad policy AND bad politics, what a combination (we saw how well THAT one worked out)!

Anyway, the bottom line is that Gov. Kaine should stick to his guns on this.  Frankly, either smoking in restaurants and bars is a public health hazard or it isn't.  If it is, it should be banned. I mean, would we allow asbestos in SOME schools but not others?  Would we allow people to carry asbestos into schools after 10 pm, as long as they carried it out again in the morning?  Obviously, that's absurd, but it just illustrates how ridiculous this "after 10 pm smoking ban" would be.  Do. Not. Do. It.


Comments



It's not the Dems who should cave on this. (TheGreenMiles - 9/19/2008 5:18:00 PM)
I'd rather put up a full ban and lose than have some half-measure like this. Why? We're winning. Look at how many places have gone smoke-free voluntarily in Arlington this year alone. Smoking bans are no longer controversial. Keep holding the Republicans' feet to the fire.

The end zone is in sight on this one. Let's not pull a DeSean Jackson and flip the ball away on the 1.



Exactly. (Lowell - 9/19/2008 5:27:21 PM)
It's called "Strategy 101."  Don't cave just to score a couple of points at the expense of losing the game in the end.


Actually, make that (Lowell - 9/19/2008 9:34:06 PM)
75% of Virginians who support a smoking ban in restaurants.


This isn't even controversial anymore (Ron1 - 9/19/2008 9:37:16 PM)
I mean, they did it in Texas (in the cities, at least), and everyone just ... stepped outside to smoke. Horrors!

I do wonder why Democratic politicians constantly find these phantoms and spectres to fight and surrender to, especially on issues where the majority of the population is with them. Very odd.



Self-delusional Nonsense (HisRoc - 9/20/2008 11:13:05 AM)
Allowing smoking in a restaurant after 10 PM is like allowing soft porn on broadcast TV after 10 PM.  Anyone who thinks that no one will object is living in a fantasy world.  Non-smokers don't go home at 10 PM anymore than adolescent children turn off the TV at 10 PM.  Who in the world comes up with these ideas?


In this case, apparently it's coming (Lowell - 9/20/2008 11:17:11 AM)
from Gov. Kaine's administration. Ugh.


Actually, there *are* fewer restrictions on broadcast TV after 10 PM (desfido - 9/20/2008 11:42:50 AM)
Sure, there are some people who object to this.

But I think it is a better solution to the problem than simply an outright ban of some content, or just allowing the same things on all the time on broadcast TV.

In the case of the smoking ban, I'd rather have it banned all the time, but I think that banning it some of the time is better than none.



I guess I'm in the minority. (desfido - 9/20/2008 11:34:03 AM)
I'd rather have something than nothing.

While I'd rather have the full ban, I don't agree that it would accomplish nothing. While it won't be as good as not having smoking, having less smoking is still good.

Honestly, I can understand having a hard line, "we won't do anything if we can't get rid of smoking in restaurants all the time everywhere" position. But I think that stopping even some of the exposure of employees and patrons to secondhand smoke is a good thing.

Let's not have the excellent be the enemy of the good.



The problem is that this is not "good" (Lowell - 9/20/2008 11:53:15 AM)
Also, if we allow this proposal to go forward, it simply allows Republicans to say they "did something" and most likely set back a REAL smoking ban in restaurants for a decade or more. HUGE mistake!