Governor Tim Kaine attempts to ban smoking in restaurants in big tobacco’s backyard. A strong opposition to this proposed state wide ban is being led by groups such as the Virginia Smokers Alliance who fight for smokers rights. The Virginia Smokers Alliance declares “Liberty and Freedom for All!” while another groups boasts the slogan “Give me nicotine or give me death!” These slogans that reference the constitution and our country’s birth try to revive the importance and history of individual rights in this country. Is act of smoking protected as a personal right? Despite the patriotic rhetoric, smoking is not specifically protected under the constitution and therefore should be judged by the courts as a matter of social conduct.

            Realizing that there is now even more scientifically proven evidence that secondhand smoke leads to higher risks of health problems, Tim Kaine takes the appropriate and responsible action of proposing the ban. The Surgeon General issued a report last June identifying that there are no safe levels of secondhand smoke. Those nonsmokers that are exposed to secondhand smoke at work or at home “increase their risk of developing heart disease by 25 percent to 30 percent and lung cancer by 20 percent to 30 percent”. The negative health implications prove clear but many fear that this proposed ban represents a trend that will lead toward more state restrictions of individual rights. Kaine should be applauded for favoring this public health concern over the long standing tradition of tobacco companies in
Virginia.