Kaine's Restaurant Plan Called Too Broad

"It would no longer apply solely to restaurants, but far beyond that, to stadiums, outdoor amphitheatres, racetracks and private clubs," Lisk said. "They will be under the same definition as a restaurant."

Kevin Hall, a spokesman for Kaine, said the opponents are being absurd.

"We need to be reasonable here," Hall said. "We are talking about banning smoking in restaurants, not near restaurants. Unless you climb into a hot dog cart, I think you are going to be OK. . . . No reasonable person is going to argue a patch of sidewalk five feet from a sandwich stand is a restaurant."

Bell, the sponsor of indoor-smoking legislation in the Senate, said the restaurant definition for delivery services deals with where the food is prepared, not where it is served.

Chris Kowalczuk, a Roanoke lawyer who consulted with Griffith, disagrees. "It's pretty clear, point of service, the point of delivery and consumption," Kowalczuk said.

Regardless of the potential legal fight, health advocates are accelerating their campaign to persuade the General Assembly to approve Kaine's amendment. On Thursday, the American Cancer Society, the American Heart Association, the American Lung Association of Virginia and the Campaign for Tobacco-Free Kids unveiled a radio ad to rally support for the ban proposal.

"Virginia leaders have a chance to do what is right and take a stand to protect the health of our workers' families," the ad states. "Ask your state legislators to support Governor Kaine's amendment. . . . It is time to protect our right to breathe clean, smoke-free air."

Cathleen Smith Grzesiek, director of public advocacy for the American Heart Association, said the issue could feature prominently in this fall's elections, when all 140 legislative seats are up for election.

"It is going to be really close, but I think come [Wednesday] the legislators are going to do the right thing and protect public health in Virginia," Grzesiek said. "This is an issue that is important for Virginia voters."