Author: Attorney J. David Douthit
Effective December 1, 2009, smoking in many public places, including most Virginia restaurants, will be prohibited by the Virginia Indoor Clean Air Act Va. Code Title 15.2, sections 15.2-2820 through 15.2-2833). Governor Kaine signed the Act into law on March 9, 2009, after it was approved by both houses of the General Assembly. The Act bans lighting or smoking of pipes, cigars, cigarettes, or any other "lighted smoking equipment", in most Virginia restaurants.
The Virginia Indoor Clean Air Act does contain some limited exceptions. A restaurant is allowed to have "smoking area" that is structurally separate from non-smoking areas, is separately ventilated, and…