A handful of delegates quickly extinguished the remaining smoking-ban bills yesterday, all but killing any chance of mandatory smoke-free restaurants this year.

Gov. Timothy M. Kaine, who saw another one of his initiatives die with the unanimous vote, criticized the way delegates killed the bundle of bills at one time in a subcommittee without a recorded vote.

"These guys don't want to be on the record on something like that," he said. "So the idea of [let's] hide these matters in subcommittees and not make people vote on these matters is a . . . strategy you expect to see on something like this when people are afraid to be on the record."

From their perch in a smoke-free conference room in the General Assembly Building, delegates listened to senators present their versions of smoking-ban bills -- ranging from narrowly prohibiting smoking in restaurants, bars and lounges to barring it in all public places.

The House had already killed its versions of the ban. Yesterday it also killed the bills that had made it out of the Senate.

Six delegates squashed legislation that 75 percent of Virginians favor, Sen. Mary Margaret Whipple, D-Arlington, said after yesterday's meeting. She was citing a survey of voters released by groups such as the American Lung Association.

"It is a very important public health issue and Virginia needs to take action," she said.

Del. David B. Albo, R-Fairfax, one of the only subcommittee members who explained his stance before voting against the measures, said he does not oppose taking some kind of action, he just will not vote to ban smoking in all buildings. He suggested looking at making a distinction in the law for restaurants and bars to tailor the bans.

Kaine said that could be discussed but he noted that some lawmakers indicated they would be more open to a ban on only indoor restaurants and bars but that bill died this year too.

Speakers favoring the bans on smoking in restaurants or public places told delegates yesterday it was a public health issue that the government needs to address. Restaurant-industry representatives said individual businesses know what's best for them and the decision should be theirs. If people stop frequenting restaurants that allow smoking, the business will change, they said.

Lorene E. Alba, an asthma specialist with the American Lung Association and previous Newport News restaurant owner, said she has polled restaurants in that area about a proposed ban and heard that many were afraid to offend, and lose the business of, smokers or nonsmokers.

"So the industry is not able to make this decision by themselves," she said.

Kaine, meanwhile, said he doesn't currently see another vehicle to revive a ban this year. He said the bans are "probably at the end of the road. Although you never know."
Contact Olympia Meola at (804) 649-6812 or omeola@timesdispatch.com.