Governor Timothy M. Kaine today proposed legislation for a statewide ban on smoking in restaurants, including dining establishments in public and private clubs. The legislation also clarifies the definition of a restaurant for purposes of the smoking ban.Oh, really?
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The proposed legislation changes the definition of a restaurant to any food establishment – including dining establishments of public and private clubs – where food is available for sale and consumption by the public and includes the areas of a restaurant where food is prepared, served or consumed. The proposal excludes exterior dining areas of food establishments from the ban, unless the exterior area can be enclosed. [my emphasis]
Just over a year ago, on October 27, 2006, Michael Shear with the Washington Post reported:
Kaine said again Thursday that he does not support legislation that would ban smoking in private businesses, saying that would be a troubling expansion of government regulation.So what made Kaine flip-flop on this issue?
"I don't think the police power of the state should go that far," he told reporters. [my emphasis]
Smoking in restaurants? If the public does not like it, they do not have to patron that particular eating establishment. The argument then falls back to the fact the employees are exposed to second-hand smoke.
Is it the government's place to protect every employee in every work environment from second-hand smoke? Is the final goal to completely ban smoking and make it illegal -- illegal -- everywhere?
What about other health hazard materials such as sprays and chemicals used in hair salons that subject the employees to breathe those fumes on a daily basis? Are we going to ban that, too? What about hospital employees?
How about any number of blue collar workers who are exposed to fumes and chemicals in their everyday jobs? Lawn people who make your grass green and weed-free? House painters? Dock workers exposed to vehicle fumes? School crossing guards standing on the street breathing vehicle exhaust? Gas station attendants breathing gasoline fumes?
Ever thought about the guys spreading asphalt and the toxic fumes involved while they pave your street? Farmers breathe fertilizer fumes and methane gas from storage tanks.
The list is endless.
It should be the decision of the individual restaurant as to whether they want to allow smoking. It should be the decision of the individual consumer as to whether they want to be exposed to smoke. It is not the nanny-government's place to regulate especially a private club.
I do not smoke. I do not like the smell of cigarette smoke.
However, in my opinion it is not the government's place to enact such legislation. Borrowing a quote from Tim Kaine circa 2007, "I don't think the police power of the state should go that far."
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