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The Alexandria City Council passed a bill on Saturday that would effectively ban smoking in restaurants in the city. The council has to vote again on the measure, which makes changes to use permit regulations that would require restaurants to go smoke free, before it would go into effect, and that vote isn't planned until after the next Virginia General Assembly session ends. Alexandria officials are hoping the General Assembly will pass its own state-wide restaurant smoking ban before they have to.
Still, it's remarkable to note that Alexandria is the very first city in Virginia to attempt passing a smoking ban bill. Despite being located in a state perhaps best known for its love affair with tobacco, Northern Virginia in general and Alexandria in particular have for a long time now been populated by people who feel more like they're a part of the D.C. metro area, so it makes sense this is where we'd expect to find the first attempt at change. But given that banning smoking in restaurants has been common across the country for over a decade, it feels shockingly behind the times that Alexandria is just now starting to grapple with this issue.
Opponents of the ban are making the same old arguments -- that it would hurt businesses' bottom lines, that it's fascistic to force private owners to change their policies against their will, and so on -- even though if anything, research shows that having smoke-free restaurants actually attracts a lot more diners than it repels. Banning smoking in bars anywhere in Virginia may never happen, but certainly moving toward smoke-free restaurants, especially in Northern Virginia if not in the whole state, is an idea whose time has come.
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Sommer - I realize that you are new to the area and may not realize it, but the primary reason that Virginia localities haven’t enacted any smoking bans is because most legal experts agree that they can’t do so within the framework of the Virginia Constitution. Some background: Virginia follows Dillon’s Rule, under which a municipality (here, Alexandria City) only has those powers expressly provided by the Commonwealth. Indeed, Alexandria’s actions demonstrate that they recognize this restriction; they have structured their smoking ban not as a ban per se, but as part of their existing authority (delegated by the Commonwealth) to enact zoning and other land use restrictions. Of course, it is an open question whether this end run around Dillon’s Rule will be deemed constitutional. After all, if Dillon’s Rule is to have any practical impact it can’t be this easy to make an end-run around it.
So, while you apparently find smoking bans a sign of staying with the times and Alexandria’s failure to enact such a ban “shocking,” the actual situation is more complex than you posit in what reads as an off-the-cuff op-ed.
BTW, this isn’t the first time that Dillon’s Rule has had a real impact on municipalities efforts, as you might say, to stay current with the times. Several years ago, as the popularity of red light cameras grew, several northern Virginia municipalities (such as Arlington County and the City of Alexandria) jumped on board. Only after the Commonwealth reminded them that they don’t have this police power did the cameras go dark. Of course, recently the Commonwealth has relaxed and given municipalities some power to operate red light cameras.
As a resident of the Peoples Republic of Alexandria we have to deal frequently with the numerous local crackpot liberals, idiot rabbit food vegans, ecology nuts, health cult nazis and just plain fools that inhabit this city and exist only trying to ruin it. They are why the Dillon Act was passed in the first place. The Commonwealth realized that normal people were about to be victimized in NoVa. Currently the liberal government bimbos are being sued by the power company, at taxpayer cost, of course, for passing an eco-nut restriction on the global warming fraud for power plant emissions. Now the Commonwealth will sue to enforce the Dillon Act on the smoking issue, at taxpayer expense, of course. Now I will have to sue my own city, basically myself, because of the dingbat nutcake, John Lennon look alike, city attorney. I think he saw a picture of Lennon and got the makeup. This scumbag is only about 30 something years old and his law knowledge is on 1 sheet of paper.
Actually, Virginian your red light camera history is way off. The red light cameras were authorized for a period of time, but that authorization was not renewed by the legislature in 2005, thus the cameras "went dark." There was no "reminding"; the initial authorization was an act of the legislature and it simply decided not to renew when the time came up (Warner was against them). It wasn't until recently that the legislature has moved to reauthorize them.
But as a longer term resident than Sommer, you already knew that, right?
Reid - Thanks for the legislative history, but you do realize that you just proved the Dillon Rule in action, right? When the legislature decided not to renew the authorization, the municipalities could not operate the cameras any more.
BTW, I never said I lived here longer than Sommer. I was merely suggesting that where she says “Opponents of the ban are making the same old arguments” and then fails to list the most relevant argument that this might be problematic to writing a persuasive piece of writing.
BostonRay
I really hope you are being sarcastic, if not and if NoVa is so difficult for you to handle with its very slightly left of center politics then I suggest that you move south of the Rappahannock and pretend it is still the 1950's. NoVa is the what it is, and as a lifelong resident of it I can assure you that we will be fine without you.
BostonRay is batshit. Pay him no heed.
Yes, Virginian, the legislative history of the red light cameras is consistent with Dillon's Rule. I mentioned it only because I thought that if you're going to be condescending to Sommer, you might as well get your facts right.
I suggest that you move south of the Rappahannock
Virginia has about seven million people. NoVA has about three million, depending on how you slice it, and that number isn't going to drop anytime soon. So BostonRay, if you really hate NoVA politics, you might want to try, say, south of Tennessee, because it's a pretty safe bet that over the next ten years or so NoVA will increasingly lead the rest of the state around by the nose.
Reid, buddy. Lay off the coffee and take a deep breath. While I’m sure Sommer appreciates your chivalry (or maybe not), I’m not sure where you find anything that I wrote to be condescending. Suggesting that the situation is more complex than presented is condescending? Suggesting that someone new to the area (as Sommer admits to being (and seems relevant when editing a web site dedicated to DC)) might not know about the intricacies of Virginia’s Constitution is condescending? Are you certain you’re not being a bit oversensitive (of another person’s feelings)?
Alexandria resident here.
While I am generally a liberal who thinks smoking is stupid, the libertarian in me generally opposes many smoking bans. The city has better things to do with its time, and more important legislative priorities. If a restaurant wants to allow or disallow smoking, that's their choice, and customers can patronize or not.
Despite the fact that we're in Virginia, I rarely encounter cigarette smoke anymore, and when I do it's odd because its so rare nowadays. A European trip in March reminded me that we live in pretty much a non-smoking country now.
Since the topic of the Dillon rule was brought up, if my memory is correct there was also an instance where Arlington Country tried to enact domestic partner benefits (for county employees) a few years back, and the predictable reaction from the state was a lawsuit, which the county lost.
Based on the Dillons Rule style og governance in VA, there is no answer to the poll. nope, VA will not pass a statewide ban and nope, Alexandria can't either. BUT Alexandria can try all kinds of contortions that mimic a ban, which I think it will do.
So anyhow, not like the polls are scientifically accurate or anything, can we still change the poll to allow an option that isn't just nonsense?
We are most fortunate that the Commonwealth does a strict application of the Dillon Rule. This prevents the tyranny of a local government enacting arbitrary and capricious laws that are 'trendy and fashionable' as in ecology and anti-smoking frauds. I am sure trans fat and obesity are next on the bimbos agenda. After all, if its somewhere in the newspapers and on tv it must be gospel and enacted as law. It is unfortunate to the delusional Alexandria city council and zoning board that as recently as July, 1998 the Virginia Court of Appeals reaffirmed the Strict application of Dillons Rule in Virginia. This is probably before the Alexandria city 'John Lennon' attorney was born. It is a tragedy that more good city tax money (mine included) will be wasted on another lawsuit for another half baked trendy worthless scheme for the phoney merlot and brie crowd rather than application towards city business. DC and Maryland one can understand, for obvious reasons. Why is it liberals always have to be instructed in their beliefs and what to do by others? Conservatives think for themselves. At least now we can begin discrimination against all non-smokers and not just anti-smokers. P.S. The Dillon Rule has been around since 1872 and is in use, in some form, in 40 states.
I’m not sure where you find anything that I wrote to be condescending.
Really? How about this:
I realize that you are new to the area and may not realize it
That's fairly condescending. Particularly since this smoking ban is designed to work around the Dillon Rule - all municipalities have the authority, granted by the Assembly, to regulate local zoning (with restrictions on how broadly anything can change over time and use-spectrum). Further, local municipalities have the (granted) authority to regulate construction and development even within a particular zone. The city council can make at least a colorable argument that the restrictions on smoking have a reasonable relationship to the purposes of restaurant regulation - particularly since restaurants already have to undergo health code zoning.
But then, as a long-term resident, I'm sure you're aware of the Dillon Rule challenges to codes like Arlington's affordable housing, and Loudoun's open-space buffers and so forth.
What a proud legacy of Virginia's state rights!
I am sure trans fat and obesity are next on the bimbos agenda.
Speaking of condescending: BostonRay, I didn't quite get the gist of your feelings. Could you maybe crank up the superciliousness a few more notches? I mean--maybe if you concentrated a little more on expressing your smug contempt for anyone who acts in opposition to your sacred logic, the pointy-headed liberals would be more likely to value your opinion. Or maybe not, and maybe you don't care, because it feels good to spew bile, sometimes. Doesn't it?
Jim - Go back and re-read my first comment. I never said I was a "long-term resident" -- I merely said that Sommer wasn't. If you are going to try to be snarky, it helps to be a bit more precise. Otherwise, you look like a fool.
On the larger point, I think when you state that the "ban is designed to work around the Dillon Rule" you pretty much doom the rest of your argument. Indeed, how you get from trying “to work around” the Dillon Rule to setting forth a “colorable” argument that the ban is in accord with the Dillon Rule is not at all apparent. Non sequitur anyone?
Thanks for playing though. Got any other bright ideas? How about some more inane comments about “state rights” (which are really irrelevant in a discussion of intrastate relations)?
Virginian,
I like your points, but you sound like a conservative version of DCist Jason.
Today we celebrate the untimely passing of one of Robert Wood Johnson's major reich field marshalls in the discrimination against smokers. She sued the big tobacco companies, infected the FDA as a political appointee of the Hill/Bill regime, pushed claims that smokers died prematurely of lung cancer, claimed 400,000 died from second hand smoke exposure, etc. However she failed to prove even one single death from smoking. She mandated 'healthy living and eating, avid fanatical mindless jogging and working out' to reach immortality. Smoker hatred was her main theme. She forgot to check up on reality, however. While loudly claiming cancers from smoking were the leading cause of cancer deaths she missed the real leading cause of cancer death. Cancer of the pancreas. Yessiree, field marshall Judith D. Wilkenfeld had her mortal coil yanked by real life. Unrelated to smoking, one wonders about the billions of dollars she had diverted from real cancer research to the anti-smoking fraud. She died at the young age of 64, far below the average life span of 76. Frau Judy, a premature death caused by "healthy living" and a life of hate. I celebrated with a couple of beers and 5 cigarettes.
Virginia is similar to North Carolina in that it is known for being a tobacco state. What's interesting in North Carolina is that 45.6% of the population would "strongly support" a tobacco ban in NC restaurants and bars, according to the Brogan Survey we conducted. Many of these people depend on tobacco for their livelihood! Check out the survey at www.brogansurvey.com to see what else people had to say about the tobacco ban.
Sommer, in Virginia law there is no such thing as a bar, only a restaurant that serves alcohol. This makes your prediction that VA eateries will go smokeless but bars won't look uninformed.
One can best understand the DC and Alexandria City Councils with reference to the words spoken in 1865. They are as true today as they were then. "Those best fitted by their intellegence, business experience, capacity and moral character do not hold local office." Judge John Forest Dillon (Dillon Rule). It is a scientific fact that nature abhors a vacuum and will strive to fill it. The Alexandria's current mayor and city council mirror this vacuum and the space was quickly filled by Robert Wood Johnson from Princton, N. J. and his forth reich pharmaceutical regime just like in DC. His methodology is to use the force of law to enforce his dictates be it anti-tobacco, anti-trans fat, anti-obesity and very soon on your horizon, anti-alcohol and total prohibition. First he came for the smokers and you supported him - now he is coming for you! He purchased the American Cancer Society, American Lung Assoc., American Heart Assoc. and American Medical Assoc. for his propaganda ministry for $200 million. He just bought Mothers against Drunk Drivers (MADD) for his main war and goal for total alcohol prohibition. So far he has invested $700 million as seed money. Think your city councils will protect you? Soon as they accepted his bribes on the smoking ban they were bought as his stooges. This is your health cult future. enjoy.