Hopes for Public Smoking Ban Are Snuffed Out

The bills were supported by many health organizations, including the national lung, cancer and heart associations, but were opposed by the tobacco, restaurant and retail industries and groups that protest excessive government intervention.

About two-thirds of restaurants in Virginia ban smoking. In Northern Virginia, that figure is 80 percent, and in Fairfax County, almost 95 percent.

"They are listening to what their customers want. They are doing this on their own," said Barrett Hardiman, director of government relations for the Virginia Hospitality and Travel Association, which represents about 1,100 restaurants in the state. "These bills are not necessary. The market is responding."

But Lorene E. Alba, a former restaurant owner in Hampton who works for the American Lung Association, told the committee that restaurant managers are worried about losing customers who smoke and need the state to act. "The industry is not able to make this decision" itself, she said.

Virginia law requires restaurants that seat more than 50 people to set aside a section for nonsmokers.

Polls show strong support for a smoking ban, especially in Democratic-leaning Northern Virginia.

"We were sent here to Richmond to represent our constituents," said Sen. Ralph S. Northam (D-Norfolk), a pediatric neurosurgeon who introduced one of the bills. "I ask all of you to join me to do what constituents want."

The proposals were designed in large part to protect the health of restaurant workers. Studies show that they are exposed to higher levels of secondhand smoke than people in homes or offices. But opponents say the bills unfairly single out restaurants, most of which have banned smoking voluntarily.

Both sides of the debate agree that smoking bans have gained momentum because of actions by other states and a study in 2006 by the U.S. surgeon general that concluded that secondhand smoke causes death and disease.

The Virginia Department of Health estimates that secondhand smoke is responsible for 1,700 deaths in the state each year.

"We want clean, healthy air," said John O'Donnell, part of the Rachel Leyco Band in Richmond, which often plays in smoke-filled bars.

Staff writer Tim Craig contributed to this report.