Disappointing....

[Ed. note: I don't smoke but I have made my position clear on this before ... see here and here. Today's compromise is disappointing.]

Statement of House Speaker William J. Howell
Bipartisan Compromise on Prohibiting Smoking in Restaurants, with Exceptions

RICHMOND, VA – Virginia House of Delegates Speaker William J. Howell (R-Stafford), joined by Governor Timothy M. Kaine and key Democratic and Republican leaders in the Virginia General Assembly, today announced a reasonable compromise on prohibiting smoking in restaurants with certain key exceptions. The legislation would prohibit smoking in restaurants throughout Virginia, allowing several exceptions. The exceptions include restaurants with a designated smoking room that is physically separated and independently ventilated from non-smoking dining areas, any permanent outdoor patio area of a restaurant, any portion of a restaurant that is used exclusively for private functions, any private club as well as street-side “hotdog” stands and other mobile points of food service.

Today’s announcement comes after Speaker Howell and other House Republican leaders reached out to Governor Kaine because they thought a reasonable compromise on prohibiting smoking in restaurants with certain exceptions was possible.

The bipartisan legislation will be carried by a Democrat in the Senate and a Republican in the House. The compromise bills will be considered this afternoon in the House General Laws Committee.

Speaker Howell’s remarks at today’s bipartisan and bi-cameral news conference follow:

“Good morning. I’m pleased to be here today and join in announcing a reasonable compromise on an issue important to Virginians.

“House Republicans have worked to find common ground with this Governor, whenever and wherever we can, for the good of our Commonwealth and those we represent.

“We are working cooperatively to resolve the current $3 billion budget shortfall in a fiscally responsible manner.

“We have worked across party lines to combat sprawl and meaningfully address land use and transportation issues through House Bill 3202 in 2007.

“We continue putting partisanship aside to safeguard our environment by pledging $500 million to help restore the Chesapeake Bay and expanding innovative financing options for land conservation and preservation.

“We came together to protect private property rights to limit the power of governments using eminent domain authority.

“Of course, there are other examples, too.

“Now, we have a bi-partisan and bi-cameral agreement on smoking in restaurants. It has been a thorny issue for a long time. But by listening to one another, and by reaching out to others with differing views, we have made real progress on this matter.

“When it comes to governing and legislating, timing is everything.

“Several years ago, Governor Kaine initiated efforts to completely ban smoking in restaurants. I know it is an issue that he cares about. And, because I understand how strongly he and others feel about smoking in restaurants, I thank Governor Kaine and his allies for being flexible, which has enabled us to reach today’s compromise.

“In 1990, through the Virginia Indoor Clean Air Act, the Governor and General Assembly prohibited smoking in several public places. That legislation passed the Senate of Virginia on a 33-7 vote and the House passed it 92-5 with my support. We later established designated “no smoking” sections in restaurants.

“The smoking in restaurants compromise we are announcing today is a logical extension of these earlier efforts, while also including a number of important and reasonable exceptions.

“In crafting this legislation, everyone has given something.

“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 is the kind of balanced approach to resolving a tough issue that Virginians like to see their elected leaders seek to achieve. Also, it is a good example of bipartisan cooperation that people want.

“Of course, the Governor and I – like Democrats and Republicans in both chambers – do not agree on everything.

“But there are some times – on some issues – where opportunities for cooperation and compromise are possible. Where state leaders can find and share such common ground, we should.

“That’s what this compromise on smoking in restaurants is all about. And, that’s why I’m pleased to have played a part in bringing it about and moving legislation forward for a hearing and a vote.