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Some say smoking fines could be tough to enforce

Some say smoking fines could be tough to enforce

Greg Hamilton stands out back of the Texas Inn to smoke a cigarette during a break from being a cook at the small restaurant. "I may have to quit. I don't think its worth standing out in the weather," said Hamilton, who has worked at the restaurant off and on since 1964. "A smoker is really pushed to the limits now".


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As Virginia’s law that fines smokers $25 for lighting up in many restaurants took effect Tuesday, three former smokers paid visits to a few former smoke-filled restaurants.

“We just got together today for the fun of it, to see what they were doing to stop the smoking,” said Ralph Thompson, who was meeting friends in the bar area of Big Lick Tropical Grill on Timberlake Road. Big Lick’s bar was smoke-free Tuesday, but new doors could be installed today to make the smoking section meet requirements.

Although many local restaurant patrons say they like the new law, which prohibits smoking in eateries unless a smoking section meets certain requirements, some said they worry enforcement will be lax.

Victor Whitmore, who was drinking at Big Lick Tropical Grill, said the fine for flouting the law should be $50 to $100. “That’s the only way you can enforce it,” he said.

Thompson said a fine of $25 is not enough to deter some smokers.

“If I want to smoke, I’ll just light up and say I’m going to pay $25,” he said, describing his perception of what some smokers might do.

Nikolas Oliver, a smoker who works at the smoke-free Upper Crust Pizza in Wyndhurst, said the fine might not deter smokers if enforcement is lax. “I wouldn’t … have a fear of getting a $25 fine because I don’t think anyone’s going to be policing that,” he said.

Steven Simpson, manager of the Central Virginia Health District, said that the $25 ticket can be written to the smoker, the restaurant management, or both. Local law enforcement officers write the ticket, he said.

Simpson said that if health inspectors notice someone lighting up in a non-smoking section, they would first talk to the restaurant managers about compliance. They would only call police if the restaurant still did not enforce the rule.

Brian Wynn, owner of The Muse Coffee Company, said he thinks having a fine is “ridiculous.” He said it could aggravate people more than enforce the law. His shop did not allow smoking, and he said the choice should have been left to business owners to make.

Michael Torrence, a nonsmoker who owns Upper Crust, said ticketing people for smoking in restaurants is “a bit extreme.” He said good restaurant managers are going to enforce the rule anyway.

Heather Bowles, a non-smoker dining at Upper Crust Pizza, said she thinks some people might not care about the fine. However, “at the same time, the more they have to pay in fines, the less money they’ll have for cigarettes,” she said.


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