In Virginia we have common sense laws on indoor smoking which the elected officials seem to totally ignore.  No one is above the law, they just don't get it.

Please join us to protest another draconian attempt by the Alexandria City Government.

Due to all the activity by the misinformed City Council of Alexandria, we decided to give them their own page.

The Alexandria City Council is considering TA #2007-0003.  Smoke Free Restaurants Revised.

To view the first draft of the "legislation" click here. In the original Text Amendment on page 2,”Under current Virginia law the City is prohibited from adopting a direct ban on all smoking in restaurants and bars, of the type recently adopted in Maryland, the District of Columbia and Montgomery County". The City Council has acknowledged that they are breaking the law, in the revised copy of TA #2007-003 that language was dropped. They are trying hard very hard to ignore the Dillon Rule, that limits the authority of local governments to that expressly granted by the state legislature and the Virginia Constitution.

The city attorney, Ignacio Pessoa, claims that TA #2007-003 is not a smoking ban! If it isn't a smoking ban what is it? He must be delusional, to think it isn't and that the Dillon rule does not apply to Alexandria. Mr. Pessoa also suffers from ADD because he just couldn't stop talking to his wingman Krupicka, during the hearing on June 16. 

Mr. Lovain, another misinformed individual, welcomed a lawsuit by Phillip Morris.  He is so uninformed on the subject that he doesn't know Phillip Morris is for not against smoking bans in restaurants.  Apparently, it has not crossed his pea size brain that the restaurateurs' and the Chamber of Commerce or any of the other 16 associations who are against a smoking ban in Virginia are the organizations that will sue the City Council not the tobacco companies.

Mr. Krupicka, contradicted himself so many times he didn't make any sense.

There are 120 sit down restaurants in Alexandria that are smoke free, 45 are not.  This is what the battle is about - 45 restaurants!

The Chamber of Commerce and restaurateurs do not want a ban and have testified at two hearings they want freedom of choice.  The City Council claimed they also wanted freedom of choice as long as it is their choice. Their choice is a total smoking ban inside and outside. 

The Mayor had his facts wrong.  In his opening remarks he claimed that 30 states are smoke free.  Twenty are smoke free, not 30.  He also talked about the European Union who he said has gone smoke free and it is the wave of the future. That is also untrue.  Italy and Germany have implemented a policy of non-smoking and smoking sections in restaurants.  The French ignore the smoking regulations by the government.  With Blair's departure in England and Parliaments' opposition to a smoking ban (which has not started yet), it too will go.  Ireland and Scotland have candidates from two parties who plan to repeal the smoking ban if elected.  European's are fighting back! 

City Council approved the Planning Commission recommendation, to include the separate and independent HVAC system and the reenactment clause, along with the following amendments: 1. This be made a Council Legislative item for: (a) asking the General Assembly for a state-wide smoking ban; or (b) giving local jurisdictions the power to ban smoking; 2. The no-smoking area is to be in the public right-of-way (sidewalks); and 3. The City Attorney will consult with legal staffs of surrounding jurisdictions to determine if they would support similar legislation in those jurisdictions.
 

They will be reviewing this again in September so stay tuned.

You can view the two hearings on the internet:

Planning commission:  May 1, 2007

City Council: June 16th, 2007