Dining Out in Virginia

Is ETS dangerous?

ETS causes 53,000 deaths of non-smokers in the U.S. annually, according to a recent scientific report by the American Heart Association. Waiters and waitresses have a 50-90% increased risk of lung cancer that is most likely caused by restaurant tobacco smoke. (Journal of the American Medical Asociation. July 1993)

How long does second-hand smoke last?

It takes more than three hours to remove 95% of the smoke from one cigarette once smoking has ended.

Does Virginia have more smokers or non-smokers?

Over 75% of Virginians do not smoke.

What does the law say?

The Virginia Indoor Clean Air Act states that restaurants with a seating capacity of fifty or more persons must provide a designated no-smoking section that is large enough to meet customers demand.
Restaurants are required to post signs that indicate a no-smoking section is available.

The Indoor Clean Air Act allows a restaurant owner/manager to make the restaurant smoke-free.

In Virginia, it is a violation of health code if employees smoke in areas where food preparation is done.

What if I witness an employee smoking in a restaurant?

Owners of restaurants that allow smoking could be liable if an employee develops an illness from breathing secondhand smoke, according to attorneys for the National Restaurant Association. Under the Americans with Disablilities Act, asthmatics and others legally classified as disabled can file for legal action, because tobacco smoke limits their access. This can apply to both employees and customers.