Smoking Ban Follow-Up

Smoking Ban first segment

smoking ban follow up

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The Whipple Report for Feb. 11, 2009

Smoke-Free May Be Working for Richmond

By Laura Peters

Capital News Service

RICHMOND – A lot of Virginia’s restaurant and bar owners feared their business would go up in smoke when the state’s smoking ban took effect in Virginia. They thought they’d lose customers who enjoy a cigarette with their drink or meal. But two months later, many eating and drinking establishments seem pleasantly surprised: They say the smoking ban hasn’t had much effect.

Poe’s Pub owner Mike Britt says his business hasn’t been that much affected by the ban in the two months it’s been enforced. He also said when speaking to some law enforcement officials, not one he spoke to has written a ticket for violators.

“There’s nobody to go out and enforce it. It’s basically under the health department. When they come in they’re supposed to tell the owner that they are under violation,” Britt says. “But, they can’t do anything about it. They have to go back to their office and call the police. If the police show up, which I don’t think they are, unless they’re calling 911. Who’s going to call 911 for a cigarette?”

According to James Mercante, part of the Richmond Police Department Public Affairs, the department is working with the Attorney General’s office to develop an enforcement plan.

The Attorney General’s office said they don’t go out and enforce the law; that’s up to the local law officials and the health department.

Chuck James, the Chief Deputy to the Attorney General said there are two ways in enforcing the Smoking Ban. One way, is to fine an individual for no more than $25 if they have violated the ban and refused to refrain from smoking. The second way, James says, is if a proprietor of a restaurant doesn’t comply with the ban, they are noted with the Virginia Department of Health.

Gary Hagy, head of the Food and Environmental Services for the Virginia Department of Health, says his department is in charge of the restaurant inspections that also look for violations of the ban. To comply with the ban, there needs to be either separate rooms or separate ventilation for the smoking rooms and a separate entrance. Restaurants also need to post no smoking signs and remove ash trays.

“The law limits the enforcement quite a bit,” Hagy says. “During regular inspections, we will also evaluate the restaurants compliance with the Clean Air Act.”

The limit that the health department faces is that they cannot issue any fines for violators.

“If we see something, we’ll discuss it with the owner, and try educate them on the requirements of the law, and try to obtain compliance,” Hagy says. “If they don’t comply, then we refer it to the local law enforcement. The code gives the authority for any law enforcement to issue a summons for the violator.”

To James’ knowledge, there hasn’t been any big flag as to smoking ban violators, and most restaurants have been taking it upon themselves to make their restaurant non-smoking.

“A lot of restaurants went smokeless on their own accord without having this legislation being passed,” James says.

Over 4,000 restaurants have been inspected in the commonwealth, according to Hagy, and 95 percent have all complied with the ban. In the past year, the number of smoke-free restaurants has increased from 66 percent to 85 percent.

Poe’s Pub has been smoke-free in their dining room two years prior to the ban being enacted. Britt even enjoys not having smoking in his restaurant.

“I think it’s nice for people to walk in the front door and not have smoke in their face,” Britt says.

The smoking ban was put into effect December 1^st, 2009 after being passed in the Virginia General Assembly under House Bill 1703, the Indoor Clean Air Act. This bill states that smoking is not allowed in restaurants in Virginia, without certain measures, like separate rooms and ventilation. The bill was signed by Governor Tim Kaine in March 2009. As of January 22, 2010, the House introduced House Bill 1351, the Indoor Clean Air Act, which would prohibit smoking in any building owned or leased by the Commonwealth. This bill is awaiting vote in the General Laws Committee. To follow up on this bill, or any other bill in the General Assembly you can go to richmondsunlight.com.