It’s been a long time since smoking in restaurants was banned for some people. For others, it’s just a distant memory.
Virginia’s Indoor Clean Air Act did not take effect until about 14 years after California became the first state to ban smoking in restaurants.
The cause and effect of the law on consumer behavior is difficult to quantify, but statistics from the years since the law came into force indicate a clear trend.
Sarah Birckhead, outreach coordinator for the Virginia Department of Health’s tobacco control program, provides some numbers: “In 2009, the smoking rate in Virginia was 20%. Most recently in 2021, the rate in Virginia has dropped to 12.44%. So we have seen a significant decline in smoking rates that benefits not only those who have quit using cigarettes or other tobacco products, but also the people around them.”
Although Virginia has made progress, Birckhead says there is still a long way to go: “The American Lung Association publishes a report on tobacco control every year. And Virginia gets an ‘F’ grade for indoor air quality.”
This rating is primarily due to the fact that the Indoor Clean Air Act does not apply to 100% of all public places. Each state’s laws vary, and Virginia ranks far behind in terms of the overall effectiveness and safety of its smoking laws.
Birckhead concludes: “So there are many areas that we can still strengthen to support all Virginians.”
When the law went into effect, most restaurants complied. Other establishments resisted and their customers protested the change. Even today, a decade and a half later, some establishments still offer customers an environment where smoking is permitted – including a handful in the Roanoke area.
Robin Howery owns and operates WR Brews. She says the decision to create a smoker-friendly environment goes beyond just economics.
“I allow it because my regular customers smoke. It’s lucrative. Plus, your customers are like family. They’re not strangers off the street and you treat them like family and get respect from them in return,” says Howery.
Tony Bonds likes to smoke. And he is grateful that shops like WR Brews still exist. I spoke to him between two games of pool.
“This is important when you’re having fun and going out. You don’t want to have to put down the pool cues to go out and smoke. Or you can sit down at the table or at the bar right after dinner and light a cigarette,” Bonds said.
So how do some businesses violate the law? Patrolman Andrew Pulley of the Roanoke City Police Department shares his thoughts: “I don’t want to downplay the importance of the health effects of secondhand smoke. But that’s not at the top of our list of goals, if you will – to go out and be proactive about it.”
The VDH’s inspection records, which are kept for only three years, show that some restaurants often comply with the Indoor Clean Air Act and sometimes do not.
Captain Pulley continues, “We never formed a task force to conduct the investigation and make sure everyone complied.”
The health department and the police act independently of each other and Pulley told me that they would not intervene unless there was a formal complaint from the public.
Should a complaint result in a violation, the fine is minimal. Pulley quotes the code: “The restaurant owner who fails to comply with the requirements of the section shall be subject to a civil penalty not exceeding $25.”
Back at WR Brews, Robin Howery hopes that the decision will be left up to the guests: “They know which restaurants and bars smoke and which don’t. And if they want to go to a smoke-free environment, they go to this bar. There are enough bars and enough alcohol on Williamson Road for everyone to get their hands on some.”
The Indoor Clean Air Act has made a difference. But even after fifteen years of smoke clearing, it has been shown that the law is only as effective as its enforcement.
