Forefathers, communists, and injustice

I guess it was predictable that on this air-clearing Virginia day, we'd get some folks blowing smoke. Guess they've been puffing too long and their brains are totally fogged.

In Roanoke, a fellow named Gordon Middlekauff said "banning smoking in restaurants is communism...." Calling opponents "communists" has been popular since the days of McCarthyism and recently teabagger types have made abundant misuse of it to attack everything Obama. Then he brought out the ghosts of Thomas Jefferson, George Washington, and Sam Adams by adding, ".... our forefathers fought for us... to smoke where we want." Hum, I do recall that early American men were big smokers, but I don't recall that was the cause of the American Revolution or a major bone of contention at the Philadelphia Convention. Revisionist history, I guess.

A Travis Powell called the smoking ban a "huge injustice." Guess he'll have a tough time saying the Pledge of Allegiance. Maybe he'll modify it to "and justice for all, except smokers."

Poochie Preston is upset because it upsets his routine... "get off work, get a beer and smoke a cigarette." Sorry Poochie... not part of everyone's routine.

It is amazing how smokers can claim their rights, their freedom, their liberty, their justice is somehow denied by bans on indoor smoking. I remember a teacher once telling a class, our rights extend to where the other person's nose begins. In this case an especially apt analogy.

It is equally amazing how our public discourse so frequently strays into name-calling and perversion of our nation's history. But, perhaps I'm guilty too... while sitting at a stop light just last night, the cute blond in the car to my right tossed her butt (cigarette butt, that is) right in front of my car. Exercising my freedom of speech to show my displeasure, I tooted my horn. Guess she got the message and didn't like it... exercising her freedom of speech she glared and gave me the too-often-used one finger salute. &#*@ communist!

Cleaning up the smokehouse

The General Assembly agreed to a compromise bill to ban most smoking in restaurants. Governor Tim Kaine says he'll sign it quickly, although it won't become effective until December. The bill passed the Senate by a vote of 27-13 with Creigh Deeds voting in favor and Emmett Hanger voting against. In the House of Delegates, the vote was 60-39 with Steve Landes supporting the ban and Chris Saxman and Ben Cline voting no.

Smoking will be banned in most restaurants, exceptions being private clubs and restaurants with separately ventilated smoking rooms. The ban does not apply to outside dining areas.

The battle over the compromise bill cut across party lines but the rifts were felt most keenly on the GOP side of the aisle. Many Republicans, favoring a "don't work with the governor on anything" mentality, were beyond miffed when Speaker Bill Howell appeared with Governor Tim Kaine to support a compromise earlier this month. Majority leader Morgan Griffin parted ways from the speaker and there was open talk of choosing a new speaker for the next session - if the GOP stays in control of the chamber.

Final passage in the House found 21 Republicans voting with the speaker and that pissed of the Americans for Prosperity. Ben Marchi, speaking for the right wing group noted:

"A lot of conservatives were surprised that the Speaker would go off on his own and have talks with the Governor without even consulting his caucus."

The divisions in the GOP ranks bode well for the Democrats this November who need to pick up six seats to gain control of the House of Delegates. Delegates like Steve Landes may find some conservatives hedging support because of his yes vote on this one issue. On the other hand, opponents of the bill will have to answer for voting against a reasonable and good policy that is supported by a majority of Virginians.

Gubernatorial candidates may find political smoke blowing in the wind this November, too. Senator Creigh Deeds voted for the ban and the other two Democrats say they support it (of course, they are bystanders to the General Assembly). Republican Bob McDonnell blew warm smoke up conservatives' skirts by opposing the ban.

Republicans, trying to dodge backlash, were successful at delaying implementation until after the election.

Smoke Filled Rooms

Last week Governor Tim Kaine and Speaker of the House Bill Howell announced a compromise deal to dramatically curb smoking in restaurants. Yesterday the House of Delegates passed a bill curbing smoking, but with several amendments that could flick its butt out the window.

Delegate Terry Kilgore (R-Scott) offered several smoke and mirror amendments that the House added to the legislation, however the Governor and Senate may not accept them:

• Instead of a separately ventilated smoking room, restaurants could just close a door,
• Facilities which do not admit minors would be exempt,
• A restaurant hosting a private function where the whole facility is booked could permit smoking at that function.

Senator Ralph Northam, D-Norfolk, the sponsor of the Senate bill, said he would not support any of Kilgore's amendments when the House version comes to the Senate. It is also possible Governor Kaine could strip out the amendments. The bill, with the amendments, passed the House 61-38. Without the amendments passage would be a very close call.

The Republican amendments represent a bit of a GOP smack down for the Speaker's leadership who stood with Governor in announcing the compromise. And, could it be that some House Republicans simply want to deny a victory to the Governor who has made the smoking ban a priority!

That said, this is one of those bills that seems to divide as much along geography as it does along party lines. Many delegates from tobacco growing areas, of both parties, opposed the bill.

Several years ago while visiting in a county neighboring Delegate Kilgore's, we stopped at a restaurant for lunch. Upon entering, we picked up the stench of tobacco smoke although the place was mostly empty at the time. As it filled with patrons - most looked like farmers or tradesmen - we noticed the vast majority lit up, some several times, over their salisbury steak, BBQ, or burgers. The dining room quickly became a smoke filled haze. With two children and all of us wanting to get some fresh air, we finished up our lunch (which was very good) and headed outside. It was then I saw the sign above the door:

If you want to ban smoking, you can kiss my butt.

That was 8-10 years ago and since then public acceptance of a smoking ban in restaurants has grown. According to some polls 75% of Virginians support a ban. Our economy has changed. Our understanding of the health risks of tobacco have grown. Virginia's demographics have shifted. It is time to pass the bill, without the Kilgore amendments.

Yes, Virginia has changed. But, aren't those tobacco leaves in the beautiful design on the ceiling in the General Assembly chambers?