Virginia Smoking Ban Could Have Big Loophole

Let's assume the deal worked out between Kaine and Howell stands up, and Virginia is about to enact a statewide smoking ban. Keep a careful eye on the stipulation that private clubs may be exempt. My hometown (Tucson, AZ) enacted a restaurant smoking ban in the late 1990s, which included a similar exemption for "private clubs." One popular downtown diner quickly adapted by creating a "Smoker's Club" for patrons. They would sell you a year-long membership card for $1, which you would place at the end of your table and a server would then bring you an ashtray. The state of Arizona later passed its own smoke-free law that trumped the arrangement, but I'll be interested to see what the "private club" language ends up looking like in the Virginia law. Seems like a lot bars, if they so chose, would be able to turn themselves into "private clubs" by enacting nominal membership fees not more expensive than cover charges. Every bar in Utah already works like that. Photo by yonas1