New smoking ban

[AlohaKine]

Re: New smoking ban

Think I'm being too hard on Sen. Roz Baker. Check out this link.

http://www.smallbusinesshawaii.com/LegRatings06.html

This is what the small business community thinks of her. 1 is highest ( an A ) and 5 is lowest ( an F ). Seems the old Roz is an inveterate F student in the school of thought for taking care of small businesses and their employees. She is the worst of the worst. Her appalling record is only further underscored with the smoking ban that she championed. One bartender testified that he had lost 70% of his income and is at risk of getting forced out of his home, Roz didn't seem to care and talked last week that people like him don't know whats really happening. Totally sick. At the senate health committee hearing over a hardship exemption for bars, Baker didn't even bother show up. Like she cares what small business owners, smokers, and employees think. She was to good to justify her actions to the people she harms and discriminates against. Totally arrogant and a coward.

By the way, that bartender has a family to support. Do you think he can afford private health insurance right now? Wow, this smoking law is great for public health. There are many other examples like him out there also.

The USA Today ranked Hawaii as 49 out of 50 states for small business friendliness. Roz is gunning as hard as she can to push us to #50, the worst in the nation. Everyone needs goals.

[Miulang]

One manini tooth

Interesting that Floreen Mayeda, who was issued a $25 smoking citation by Honolulu Police for having a lit cigarette in Club Ke Kai, pled guilty and paid the fine instead of fighting it in court yesterday. She became the first person punished for the no smoking ban. She said she didn't want to become the poster child for the Hawai'i Smoker's Association (smart wahine, that one!).

Kudos to Ms. Mayeda for being an upright citizen who believes that laws should be obeyed and if not, that one should suffer the consequences for disobedience.

So far, the police have issued 100 citations to club owners, according to the story. But the State still has not figured out a good way to enforce the law, other than the occasional citation by Honolulu Police.

Miulang

[LikaNui]

Re: One manini tooth

Interesting that Floreen Mayeda, who was issued a $25 smoking citation by Honolulu Police for having a lit cigarette in Club Ke Kai, pled guilty and paid the fine instead of fighting it in court yesterday. (...) Kudos to Ms. Mayeda for being an upright citizen who believes that laws should be obeyed and if not, that one should suffer the consequences for disobedience.

It's only fair to also note that Ms. Mayeda is 71 years old, and that might easily be the real reason she really didn't want the hassle and effort of going to court.
Silly cop, giving a ticket to a 71 year old woman!
God forbid he'd actually be on the street arresting, you know, criminals.

[douglas]

Re: One manini tooth

Interesting that [URL="http://starbulletin.com/2007/05/11/news/story03.html"]

So far, the police have issued 100 citations to club owners, according to the story. But the State still has not figured out a good way to enforce the law, other than the occasional citation by Honolulu Police.

Miulang

Actually, I think the newspaper said that the Deparment of Health has issued 100 warings to bars not citations, there a big difference. No doubt, its a matter of time before bar patrons will start being cited. Speaking for myself, I don't know if I'm willing to spend $50.00 for $3.00 draft beer.
Doug

[AlohaKine]

Re: One manini tooth

Interesting that Floreen Mayeda, who was issued a $25 smoking citation by Honolulu Police for having a lit cigarette in Club Ke Kai, pled guilty and paid the fine instead of fighting it in court yesterday. She became the first person punished for the no smoking ban. She said she didn't want to become the poster child for the Hawai'i Smoker's Association (smart wahine, that one!).

Kudos to Ms. Mayeda for being an upright citizen who believes that laws should be obeyed and if not, that one should suffer the consequences for disobedience.

So far, the police have issued 100 citations to club owners, according to the story. But the State still has not figured out a good way to enforce the law, other than the occasional citation by Honolulu Police.


- Oh by the way the 100 "warnings" are deceitful and empty threats. A dishonest way to scare bars that don't fully understand the law into voluntary enforcement. Don't be fooled, they only have to post the sign and inform you about the law. If they do those two things, all the warning in the world can't result in a fine. Also if they do those two things they can't get even one "formal complaint" to be hung over their heads. Smoke'em if you got 'em.


Miulang

Well I can tell you that Floreen is no Rosa Parks. Perhaps advancing age is part to do with it, but I can tell you that one intelligent, eldarly man who can bearly walk openly fought the ban at the capital multiple times. I can tell you that I would proudly be a "poster child". What is more, I think she did it on purpose and only said the things she said to get a lighter fine or no fine. Sad to say a fair number of smokers are ashamed of themselves or think they aren't able to win fighting back. Kind of like African Americans in the old South, accepting it as their lot in life and thinking they can never get rid of segregation and discrimination until the 50's and 60's.

Ah, but now there is a bright ray of sunshine in an otherwise darkened room. Groups like Hawaii Smokers Alliance and the bar owners association. You would be surprised how happy many people are to sign the petition. Next year the smoking ban in bars is going down but community support is key.

Be proud of your self smoker - smokers are the funnest and most real people that know how to party and have a good time. Stand up for yourselves, you CAN win, HSA stopped the draconian smoking ban bill in outdoor parks this year with only 5 highly motivated people. The bar ban is alot tougher, so lets all stand strong together, including non-smokers that have smoking friends, ect hurt by the ban.

If you are in the bar business or are a smoker, the best thing you can do is to strongly defy the ban. I large amount of open defiance smacks of an unpoplular law that should be repealed. It isn't the bar's responsibity to stop "persistant smokers" per the attorney generals office per their public document 07-1-0187-01 in response to the lawsuit. All the bar has to do is post the sign and tell people about the law.

[Beau]

Re: New smoking ban

Alohakine,

A very good friend of mine is the sales manager for the asia-pacific region of a major hotel corporation. And he says that this overly strict smoking ordinance has caused tourism particularly from Japan to go way down.

I guess if this smoking ordinance starts to affect Hawai'i's main industry, then it will either have to be modified or overturned.

[1stwahine]

Re: New smoking ban

Hui Beau! I was holding my okole...I taught you was going talk about Club Kekai's and Smoking ova dea.heheheh

Just joking.

There is a Smoking Area in the back where patrons of the three bars go to Smoke. Gold Gate, Club KeKai's and Hana Hou's. Most of the times, customers go outside the front to watch the action on Hotel Street.

Auntie Lynn

[AlohaKine]

Re: New smoking ban

A posting on the net by a state senator yesterday speaking about the history and future of the smoking ban, six months in from black thursday ( Nov 16 ).

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" Hawaii's Smoking Ban: An Assault on Freedom
By Sen. Sam Slom, R-Hawaii Kai, 5/15/2007 11:19:27 AM
On November 16, 2006, the annual "Great Smokeout" day, after more than a decade of trying, well organized and well financed anti-smoking advocates in Hawaii won the legislative prize of a near-statewide ban on smoking. Hawaii joined 11 other states with comprehensive statewide bans.

Each of the four counties in Hawaii have had their own laws to partially ban smoking, with the City & County of Honolulu being the most stringent. A battle for restaurant smoking bans was won several years ago, but bars were excluded. Emboldened, and supported with Tobacco Settlement funds, many groups came together last year and successfully pushed to enact the comprehensive ban. Their lobbying was textbook.

Hawaii's law requires any smoking to take place in designated areas only, at least twenty feet from any enclosed facility. Open outdoor areas-such as parks and beaches-cars and residences (unless the residence is also used as a business) are not covered, as yet. Anti-smoking groups already have their sights on cars containing children or the elderly, and homes with children. Parks and beaches can't be far behind.

An interesting wrinkle in the law: All convicts throughout Hawaii's penal system are exempt from the ban and may smoke it up; apparently "second hand smoke' doesn't bother guards and corrections officials. And we certainly wouldn't want to upset convicted felons.

The vote on the final conference draft of the bill, SB3262 (SD1, HD1, CD1) on May 2, 2006, was 47-3 (1 excused) in the State House. Voting no were Reps. Cindy Evans (D-7/Hawai'I), Mark Moses (R-40th/ O'ahu) and Bob Nakasone (D-9th/O'ahu). In the State Senate, the final vote was 22-3. Senators Sam Slom (R-8th/Oahu), Gordon Trimble (R-12th-Oahu) and Paul Whalen (R-3rd/Hawai'I) cast no votes.

A companion measure simultaneously raised the tax substantially on tobacco products. Hawaii, the third highest taxed state overall, also has the third highest tobacco taxes.

The smoking ban bill's primary sponsor in the Senate was the Health Committee's Roz Baker (D-5th, Maui), who lamented Hawai'I workers have no choice but to endure smoke in the workplace. Baker's House counterpart, Rep. Dennis Arakaki (D-30th O'ahu) also argued that employee health in smoking environments was of paramount concern. He was quoted as saying, "We've come a long way, baby." (Arakaki retired from politics and chose not to run in November, 2006). House Labor Chair, Rep. Kirk Caldwell (D-24th O'ahu), declared, "This is all about protecting the rights of the nonsmokers."

Hawai'I Island Rep. Dr. Josh Green, a medical doctor from Kailua-Kona said, "Secondhand smoke kills more than a thousand residents annually." The executive director of the Coalition for a Tobacco Free Hawaii, Deborah Zysman, proclaimed, "Legislators are now able to save thousands of lives all at once."

Where was the opposition? A few bar owners and patrons spoke up and testified before the Legislature. Small Business Hawaii (SBH) was one of the few business organizations on record in opposition. Opponents spoke in economic terms and of projected lost business. Especially among Japanese and Asian tourists. A handful of lawmakers raised questions about bans in general, trampling on the rights of smokers, the legal exercise of smoking, lack of a direct scientific link between second hand smoke and disease, freedom of choice, and the issue of money-driven legislation, to little consequence. Only six of 76 legislators- cited above- actually voted no. The majority of the media, health groups, individual employees, some unions, non-profits and children's advocates kept up an ever increasing drum beat of the sense of emergency and made opponents feel or appear guilty of neglect and insensitivity. Others, who had been through previous local government battles, had given up.

With great fanfare-mostly from the media and anti-smoking advocates- the law became effective six months after the legislature adjourned. In actuality, little changed initially.

Then in early 2007, the Hawaii Pro Smokers' Alliance emerged, under the leadership of Big Island resident and businessman, Kawika Crowley. The name of the group was amended to, "Americans for Freedom of Choice (AFC)." Crowley began to canvas the more than 200 bars, taverns and clubs on O'ahu, seeking data and support for an almost impossible task: to reverse or amend the smoking ban. Despite being told he had no chance, Crowley and his ever increasing membership, mounted an unprecedented legislative counter attack at the start of the Legislative Session in January. He and supporters, particularly Jolyn Tenn, of the Hawaii Bar Owners Association, surprised lawmakers and opponents with their tenacity. And Crowley and Tenn did it all on their own nickel, at the expense of their businesses.

AFC held rallies at the Capitol, personally lobbied lawmakers EVERY day, published and distributed daily updated smoking impact flyers, factual one-page releases, appeared in the regular and alternative media and then recruited lawmakers on a bipartisan basis to stand up and sign on with them. AFC organized civil disobedient smoke-ins at local pubs. So successful were they that Hawai'I Tobacco Free's Zysman even filed a bogus TRO against Crowley in an attempt to keep him out of the State Capitol while she roamed there at will.

By the end of the Session in May 2007, the group counted nearly one-third of Hawaii's Legislature as signatories supporting expanded smokers' rights. While not able to overturn or amend the ban legislation this year-an attempt to amend fell short in the final days of the session-the group will be back in 2008; a major election year for all 51 members of the state House and 13 of the 25 State Senators.

AFC's passion remains. They represent true grassroot organization-and an understanding of Constitutional rights. And Crowley reminds that smokers vote.

There has been one citation issued to date under Hawaii's new law; a $25 fine issued to a patron openly smoking in a downtown Honolulu bar in April 2007.

Sam Slom (R) represents the districts of Hawaii Kai to Diamond Head in the Hawaii State Senate. "

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As old Yoggi says, "It ain't over 'till it's over". Big money lying Galiath vs. little David's with nothing but heart and the truth on their sides. The bills are being carried to next winter's session, that's when the real fight begins. Please sign the petition at the bars that were on TV such as Pigskins and O'Tool's or others. It gets noticed. Galiath should know that the higher his arrogence, the further the fall.

[AlohaKine]

Re: New smoking ban

There's just no end to the mean spirited bullying Zysman's group advocates. This women is a truely blind fanatic. Now they want to ban smoking in peoples OWN HOMES! A brazen attack on 1st amendment privacy rights in a person's own home.

I've been studying these antis for some time and can tell you these campains are a prelude to a state ban in the next few years. In one ultra-left California community, they already have! Don't think it can't happen.

Here is the article; http://starbulletin.com/2007/05/29/news/story05.html .
I think they poorly quoted Jolyn. The personal opinions of the writter often gets in the way on hot button issues.

This ban will lower my property value since a building with a ban will turn off the 20% of us that smoke from renting on buying. Smokers stand up and sign the bar ban petition and go to the Hawaii Smokers Alliance and join. HSA will fight this and every voice counts in this fight.

No non-smokers live in my home and my guests consent to enter my condo. My smoke doesn't go into other people's homes, but that vile Zysman doesn't care. Enough is enough.

[douglas]

Re: New smoking ban

There you guys go again, another post full of misrepresentations. To begin with, the 1st amendment of the constitution doesn't say a thing about privacy rights; "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances."

Second, in the Starbulletin article, Jolyn Tenn says "Even in California you can smoke in Bars," I would like to know where? Being from California, people haven't been able to smoke in bars for almost 10 years.

Third, "20% of us that smoke"? don't think so, Hawaii's smoking rate is a little above 17% or so.

At the very lest, you and the HSA need to get your facts straight!

[sinjin]

Re: New smoking ban

... in the Starbulletin article, Jolyn Tenn says "Even in California you can smoke in Bars," I would like to know where? Being from California, people haven't been able to smoke in bars for almost 10 years.

You are of course correct about bars in CA although some still openly violate the law.

Here's what's happening in my neck of the woods of late:

http://abclocal.go.com/kabc/story?se...cal&id=4709077

[AlohaKine]

Re: New smoking ban

There you guys go again, another post full of misrepresentations. To begin with, the 1st amendment of the constitution doesn't say a thing about privacy rights; "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances."

Second, in the Starbulletin article, Jolyn Tenn says "Even in California you can smoke in Bars," I would like to know where? Being from California, people haven't been able to smoke in bars for almost 10 years.

Third, "20% of us that smoke"? don't think so, Hawaii's smoking rate is a little above 17% or so.

At the very lest, you and the HSA need to get your facts straight!

17%?, the Dept. of Health wants the number to be as small as possible so it is easier to bash us, they probably guess a little low. Let's not forget about our "secret smokers" like Congressman Obama that don't get counted as well as social / occasional smokers. Also I've read a few bars in California use loopholes to allow smoking or have lanai areas. It also varies from city to city.

As for privacy, you're right, the source is:
http://en.wikipedia.org/wiki/Griswold_v._Connecticut

[douglas]

Re: New smoking ban

Wonder what is going on at the Coalition for a Tobacco-Free Hawaii? There was a letter in today’s Star-Bulletin written by Kathy Harty their Interim Executive Director.

[AlohaKine]

Re: New smoking ban

Wonder what is going on at the Coalition for a Tobacco-Free Hawaii? There was a letter in today’s Star-Bulletin written by Kathy Harty their Interim Executive Director.

Zysman their director is on a 6 month vacation abroad according to CTFH. Guess she pays herself real well and then charges her own group thousands on top of that in lobbying fees for her own "compensation" , most of this "compensation" is for lobbying during normal working hours. Then she turns around and begs anyone she can for as little as $10. I wouldn't give this spoiled brat a penny.

What is also interesting is that Zysman is a Jewish name meaning "sweet man" according to Yeshiva College's newspaper. She looks the part also even though she claims to be agnostic. What is sad is that in spite of her roots, she openly practices bigotry against our minority group any way she can and ruins small businesses. Local business owners were screaming but she basically implied that they didn't know what they were talking about.

What's more is that she was hand picked by the CTFH and/or ACS to carpetbag her way out here and start trouble around about 2004 or so. She grow up in BUFFALO, NY! and went to college in New England. Maybe this is what explains her low degree of respect for local culture and local people.


Furthermore Zysman has contempt for the institution of marriage. Instead she has a male "partner" who sets off my gaydar. He was an LGBT alumni member in college - oh really.

As for this Zysman, if you think you're looking at a freak and a troublemaker, you'd be exactly right.

[Deep Thought]

Re: New smoking ban

Zysman their director is on a 6 month vacation abroad according to CTFH. Guess she pays herself real well and then charges her own group thousands on top of that in lobbying fees for her own "compensation" , most of this "compensation" is for lobbying during normal working hours. Then she turns around and begs anyone she can for as little as $10. I wouldn't give this spoiled brat a penny.

Really? Care to prove it with docs? If she is a registered lobbyist it should all be there at the Ethics Commission.

What is also interesting is that Zysman is a Jewish name meaning "sweet man" according to Yeshiva College's newspaper. She looks the part also even though she claims to be agnostic.

Just WTF is that supposed to mean? Poor choice of language or veiled anti-semitism? You walk a dangerous line my friend.

What is sad is that in spite of her roots, she openly practices bigotry against our minority group any way she can and ruins small businesses. Local business owners were screaming but she basically implied that they didn't know what they were talking about.

Next thing you'll tell me is that cigarette smoking is a culture and religion, thus making it analogous to Judaism... gimme a break.

What's more is that she was hand picked by the CTFH and/or ACS to carpetbag her way out here and start trouble around about 2004 or so. She grow up in BUFFALO, NY! and went to college in New England. Maybe this is what explains her low degree of respect for local culture and local people.

Why don't you just put on your white hood and start burning crosses? Just get it over with

Furthermore Zysman has contempt for the institution of marriage. Instead she has a male "partner" who sets off my gaydar. He was an LGBT alumni member in college - oh really.

What does this have to do with cigarettes? You have gaydar?! First you complain about discrimination and oppression, but I guess what's good for the goose ISN'T good for the gander. You disrespect LGBT people while craving respect for yourself, interesting tactic.

As for this Zysman, if you think you're looking at a freak and a troublemaker, you'd be exactly right.

I think the only troublemaker we're looking at here is you.