On March 9, 2009, Virginia Governor Tim Kaine signed into law a bill that would prohibit smoking in bars and restaurants around the Commonwealth. The ban, which went into effect yesterday, means changes at nearly every place patrons drink and eat are taking place. The ban has been dubbed the "Breathe Easy, Va." law by the Virginia Department of Health (VDH), as an effort to curb second hand smoking for non-smokers.
The law offers very few exceptions to the smoking ban. Exempt from the legislation are operations that are considered pushcart or mobile points of service, such as hotdog stands; restaurants located on the property of a tobacco manufacturer, and private clubs. Smoking in enclosed areas went into effect with the 1990 Indoor Clean Air Act.
State offices, buildings, and vehicles have been smoke-free since 2006. It is a great change for a state that used to rely on tobacco as a premier staple in its economy.
According to the VDH, a restaurant may only allow smoking if the said smoking area is structurally separate from the other areas of the facility and are independently ventilated to prevent recirculation of nicotine filled air. The law is an effort to segregate smokers into rooms with separate ventilation systems from those who do not smoke.
Restaurants may allow outdoor smoking at their establishments, provided that the outdoor area is in no way enclosed by a wall or screened-in porch. Private clubs are exempt from the law. Owners of exempt establishments may make a personal discussion on whether or not to ban smoking.
The VDH will enforce the law by assessing a business's compliance with the law during their routine inspections of all food establishments in the Commonwealth after Dec. 1. The law requires establishments to have "No Smoking" signs along with the universal "No Smoking" symbol in a noticeable area. Smoking paraphernalia, including ashtrays, must also be removed from areas where smoking is prohibited. The VDH will also determine if smoking areas in restaurants that are walled off are properly ventilated.
Sophomore Kristen Bashaw agreed with the smoking ban. "Most people don't like to smell the smoke while eating. In fact it turns many people away." Sophomore Rosa Townes felt the smoke bothers most people. "Maybe it will even help people stop smoking once they realize they have to go outside," said Townes.
Throughout the Commonwealth, bars have been up in smoke over what the law means for their business. In Virginia, bars cannot be "stand alone" because to be eligible to receive an Alcohol and Beverage Commission (ABC) certification, food must be served and such food must be able to shown to make a sales percentage. Therefore, bars are not exempt from this ban.
Kasey Netemeyer, employee at Mulligan's Sports Bar and Grille on High St., said the business does not foresee the smoking ban affecting their operation. Mulligan's is a hit with Longwood students who go there for a drink and to smoke. There are two parts to Mulligan's: upstairs is Grady's Barbeque and downstairs is the bar. "We do smoking downstairs and no smoking upstairs. So people kind of like it really," said Netermeyer. Mulligan's also has an outdoor patio where patrons may smoke. "People were pretty worried about the smoking downstairs. We got lucky." Charley's Waterfront Café on Mill St. took provisions Nov. 30 to go smoke-free. They have yet to see any effect on their business and reported that customers have not mentioned the ban.
Sophomore Oliver Garland called the issue a "difficult matter." He explained the law is a fight over the rights of smokers and non-smokers. "Personally, I would prefer not to have to inhale other's smoke but I am not certain whether a legislative solution is appropriate," said Garland. "It might be better to allow individual locations to determine whether they want to allow smoking or not and how smoking sections can be kept separate from nonsmoking sections."
The next few weeks will tell if the ban has caused financial distress for businesses fancied by smokers. Thinking ahead, some facilities across the Commonwealth have gone far enough to add new ventilation systems or additions to cater to smokers.
The concern is the loss of business will drive down profit, leaving a restaurant unable to compete in the economic market. "It's a difficult matter," said Garland.
