View Full Version : Smoking Law in Place at Hawaii's Airports and Public Areas Being Challenged


slippahs
Oct 29, 06, 5:29 pm
Q. What does the new law prohibit?
The measure bans smoking in enclosed or partially enclosed places of employment, including any area closed in by a roof, overhang or two walls.
Examples include eateries, bars, lobbies, länais and covered walkways. The ban also covers any place in which food or drinks are served, including lüçau and garden parties.

Smoking is also not allowed in facilities owned by the state or counties, or enclosed or partially enclosed places open to the public, including all airports. The ban includes buses and taxis, along with sports arenas, outdoor stadiums and amphitheaters.

No smoking is allowed within 20 feet of entrances, exits, windows and ventilation intakes of structures in which smoking is banned.

Hotels may designate smoking rooms, but no more than 20 percent of the rooms may allow smoking and they must be on the same floor.
http://www.honoluluadvertiser.com/apps/pbcs.dll/article?AID=/20061029/NEWS01/610290364
Just remember that the smoking ban will blanket the airport. There'll be no smoking from "curb to cabin" as the government is calling it.

I think this is a step in the right direction, IMHO.

IND
Oct 29, 06, 5:33 pm
http://www.honoluluadvertiser.com/apps/pbcs.dll/article?AID=/20061029/NEWS01/610290364
Just remember that the smoking ban will blanket the airport. There'll be no smoking from "curb to cabin" as the government is calling it.

I think this is a step in the right direction, IMHO.
Now, if only they could impose a 13 cent per cig tax, like what they're trying to do in Cali, then we're getitng somewhere.

linsj
Oct 29, 06, 5:58 pm
Hurray! I can breathe in more places now. (Highly allergic to smoke.)

cblaisd
Oct 29, 06, 6:34 pm
http://www.honoluluadvertiser.com/apps/pbcs.dll/article?AID=/20061029/NEWS01/610290364
Just remember that the smoking ban will blanket the airport. There'll be no smoking from "curb to cabin" as the government is calling it.

I keep reading, though, things like this (from the story linked) in the various stories about this:

Scott Ishikawa, state Transportation Department spokesman, said a closed-in smoking room in one of the overseas departure terminals at Honolulu International Airport will be dismantled. It's still unclear whether smoking will be allowed in other open-air areas of the airport.

Wonder what that means?

slippahs
Oct 29, 06, 7:05 pm
I keep reading, though, things like this (from the story linked) in the various stories about this:



Wonder what that means?
I'd be baffled by Ishikawa's statement as well (and I was when I read that statement), since the governor's office has made clear that the airport would be smoke-free from curb to cabin, and the legislation that has been passed supports this language. So, the previously designated smoking areas (open-air walkways between "terminals" at HNL) could not still be "designated" since it would constitute a covered walk-way and thus be a smoke-free area under the bill. Perhaps Ishikawa was referring to the garden areas of the airport?

For full text of the bill, see here:
http://www.capitol.hawaii.gov/sessioncurrent/Bills/HB2260_.htm

Smoking shall be prohibited in all enclosed or partially enclosed areas open to the public, including but not limited to the following places:

(1) Airports and public transportation facilities and vehicles, including buses and taxicabs, under the authority of the State or the counties and ticket, boarding, and waiting areas of public transit depots....

KosraeTV
Oct 30, 06, 1:47 am
Well, you can't even start to talk about how harmful smoking is; however I keep thinking about how it could affect the Asian Tourism. I hope this does not have a negative impact on the tourism side.

And I'm gonna land on the 17th, wonder how tourists are gonna like the new airport rules. Most places you can walk outside through the terminal and have a smoke but the Curb to cabin pretty much rules this out for the entire place unless you go across the street to the parking area on the lower level. I have no idea about the garden area but it will be interesting to find out.

ivyspice
Nov 3, 06, 3:09 pm
YESSS!

We're getting there, one state at a time...

HawaiiTrvlr
Nov 5, 06, 5:29 pm
I am all for the new no-smoking rules and the 16th can not get here soon enough. It will be interesting to see how it will be enforced in someplaces, especially some of the outdoor shopping areas. I live across the street from one and it is basically one long strip mall. I know there is no smoking within 20 feet of entrances, windows, etc. To me, that means that the smokers would have to be out in the middle of the parking lot to be in compliance. Right now, the smokers are walking along, smoking their cigarettes (in front of the stores) or sitting outside near the food court entrance. It should be interesting Nov 16th.

slippahs
Nov 17, 06, 11:24 am
Well, the 16th has come and gone, and smokers are now abiding by the new law.

There was some confusion about smoking at the Honolulu Airport; it's now clear that you cannot smoke anywhere from cabin to curb, and the smoking designated places have been pushed out to the road fronting the terminal.

As a non-smoker myself and someone very bothered by smoke, this is great news. However, according to the video linked below, others are not so pleased:

http://the.honoluluadvertiser.com/2006/Nov/17/ln/smokingvideo.html

Taking away freedom... individual liberties?

KosraeTV
Nov 18, 06, 4:33 am
Well, the 16th has come and gone, and smokers are now abiding by the new law.

There was some confusion about smoking at the Honolulu Airport; it's now clear that you cannot smoke anywhere from cabin to curb, and the smoking designated places have been pushed out to the road fronting the terminal.

As a non-smoker myself and someone very bothered by smoke, this is great news. However, according to the video linked below, others are not so pleased:

http://the.honoluluadvertiser.com/2006/Nov/17/ln/smokingvideo.html

Taking away freedom... individual liberties?

Landing on the 17th I never saw anyone smoking or trying to smoke in the airport. Most were even going across the street in the bottom arrival area. In Waikiki most tourists I see are trying to abide by it and haven't heard nor seen any person or official say anything to folks who are smoking near entrances and such. Appears that the locals who are working at places are having the most difficult time with this new law. This could only be my perception, but there appears to be a whole lot less cig / ash containers in the Kuhio part.

slippahs
Nov 18, 06, 5:04 am
Landing on the 17th I never saw anyone smoking or trying to smoke in the airport. Most were even going across the street in the bottom arrival area. In Waikiki most tourists I see are trying to abide by it and haven't heard nor seen any person or official say anything to folks who are smoking near entrances and such. Appears that the locals who are working at places are having the most difficult time with this new law. This could only be my perception, but there appears to be a whole lot less cig / ash containers in the Kuhio part.
I was at the airport on the evening of the 17th picking up my SO. Looked like a bunch of people were crowding around the only designated smoking areas.

I agree that the tourism industry service workers are being hardest hit as well as those who work in Downtown office buildings (what open area is not 20ft near an entrance).

Still, I think it's a step in the right direction. If not for the health of everyone who doesn't smoke, then for the health of those who do smoke. Many I've spoken to said they're trying to quit as a result of the new law.

KosraeTV
Nov 18, 06, 1:07 pm
Still, I think it's a step in the right direction. If not for the health of everyone who doesn't smoke, then for the health of those who do smoke. Many I've spoken to said they're trying to quit as a result of the new law.

Don't doubt that, and yes I overheard many workers at AlaMoana complaining when I stopped in there.

slippahs
Feb 1, 07, 1:14 am
So it appears that the new smoking law is being challenged by the "Hawaii Bar Owners Association" (not to be confused with the Hawaii State Bar)...


The new state law banning smoking in bars, restaurants and other places to protect people from secondhand smoke is being challenged by a group of bar owners.

The Hawaii Bar Owners Association filed a Circuit Court lawsuit Tuesday contending that the law that went into effect Nov. 16 violates the state constitution by taking away business from the association's members without providing them "just compensation."

In addition, the suit said the law is too vague in violation of the constitution.
(Emphasis Mine)
http://the.honoluluadvertiser.com/article/2007/Jan/31/ln/FP701310383.html

Seems rather silly if you ask me.

KosraeTV
Feb 1, 07, 2:43 am
So it appears that the new smoking law is being challenged by the "Hawaii Bar Owners Association" (not to be confused with the Hawaii State Bar)...Seems rather silly if you ask me.

You knew it was coming didn't you? Every no smoking law has been challenged in court. It would only surprise me if it actually won.

slippahs
Feb 1, 07, 3:10 am
You knew it was coming didn't you? Every no smoking law has been challenged in court. It would only surprise me if it actually won.
No, I knew there'd be challenges to the law. I just think it's rather silly to even bring it on 5th Amendment grounds... :rolleyes:

KosraeTV
Feb 1, 07, 4:21 am
No, I knew there'd be challenges to the law. I just think it's rather silly to even bring it on 5th Amendment grounds... :rolleyes:

Well that's why we have lawyers isn't it? Come up with anything to make a challenge. Granted Hawaii's law is one of the most strict no smoking laws in America I don't see them winning it.

lihue1k
Feb 1, 07, 7:05 am
I certainly ain't gonna miss the smokey walk across the 'bridge' from the upper to the lower interisland terminal.

Sure it was 'outside' but it was also in the wind shadow of the building and was to put it very mildly unpleasant for non-smokers.

I expect bar owners will be amazed with all the new business they get, now that they aren't actively chasing off 60% of the potential customers . . . at least that's what happened in CA and elsewhere.

Lihue1k

the_traveler
Feb 1, 07, 9:48 am
I'm all for the "no smoking" laws that are going in place, in Hawaii and all around the country. (I'm a non-smoker.) This gives me more incentive to visit many businesses.

One thing that I find ironic. RI has a "no smoking" law in place, that you can not smoke in any business place. But there is one exception that smoking is allowed - casinos in RI! The ironic part is that there are NO casinos in RI!

Ripper3785
Feb 1, 07, 2:31 pm
I certainly ain't gonna miss the smokey walk across the 'bridge' from the upper to the lower interisland terminal.

Sure it was 'outside' but it was also in the wind shadow of the building and was to put it very mildly unpleasant for non-smokers.

I expect bar owners will be amazed with all the new business they get, now that they aren't actively chasing off 60% of the potential customers . . . at least that's what happened in CA and elsewhere.

Lihue1k

Has anyone seen any enforcement at HNL though? Regardless of the signs, people are still lighting up in the open walkways from gates 14-23. And still outside the doors of gates 6-11 and 26-34. The considerate people flying from 6-11, 26-34, walk across the 'road' used for the wiki wiki shuttle to smoke. I hope there are no pedstrian accidents as a result. We already enjoy most pedestrian fatalities of any other state. Outside of the airports, there are alot more people smoking in parking lots as they have to be 20 ft from covered areas. I hope that this too, does not result in increased pedstrian incidents.

KosraeTV
Feb 1, 07, 2:47 pm
Has anyone seen any enforcement at HNL though? Regardless of the signs, people are still lighting up in the open walkways from gates 14-23. And still outside the doors of gates 6-11 and 26-34. The considerate people flying from 6-11, 26-34, walk across the 'road' used for the wiki wiki shuttle to smoke. I hope there are no pedstrian accidents as a result. We already enjoy most pedestrian fatalities of any other state. Outside of the airports, there are alot more people smoking in parking lots as they have to be 20 ft from covered areas. I hope that this too, does not result in increased pedstrian incidents.

I haven't seen it in the airport but I transit at strange times. I smoke and do go out side across the median for the last smoke before take off. I have never seen anyone up across the wiki wiki to smoke up there if you mean upstairs and I did go around wiki wiki for the heck of it to see if there was a place to smoke in December (didnt' bother doing it in Jan or such).

I did see enforcement of this (no tickets or arrest but people and police / security guards telling folks and making them put it out) in Waikiki area and downtown area at Ala Moana and Sam's Club and such. Come to think of it, there's a blockbuster next to Ala Moana in a little shopping center, I did see some police around a bunch of kids next to one of those little restaurants doing something about their smoking but I didn't stick around to see what all happened.

Yes with all the walking back and forth it could lead to accidents. But look at this way, a lot of those smokers are TSA employees :p

HawaiiTrvlr
Feb 1, 07, 11:12 pm
I am still all for the no-smoking ordinance. I was listening to the local radio discuss this issue (the challenge by the Hawaii Bar Assoc). I heard some callers state that if the state takes away the ability to smoke in bars/restaurants, then banning of lattes and the like are not too far behind. Their point is that the state is being too intrusive and where does it stop. To me that argurment did not make sense. Their other arguement is that since the state is not enforcing the ban, why have the ban at all. As far as the enforcement of the law, apparently the state said up front that they would only give out warnings for the 1st year then start giving out citations. I sure hope the step up enforcement sooner though. The local news recently had a piece about a local bar owner who was still allowing smokers light up.

slippahs
Feb 1, 07, 11:22 pm
The local news recently had a piece about a local bar owner who was still allowing smokers light up.
What's that, a $250 fine? I agree that major enforcement of the law is needed; especially if there are still reports of people lighting up at the airport (you'd think this would be the place where enforcement would be 100%). But the counter to the "they don't enforce it" argument is to think of all the laws that aren't enforced all the time that are on the books; should we go back and repeal everything that's not enforced 100% of the time?

Perhaps the State should create an enforcement team. At $50 a pop, I think it'd be more than enough to fund such an org.

FWIW, a smoker friend managed to quit after the ban, but has just started back up again. :(

KosraeTV
Feb 1, 07, 11:45 pm
What's that, a $250 fine? I agree that major enforcement of the law is needed; especially if there are still reports of people lighting up at the airport (you'd think this would be the place where enforcement would be 100%). But the counter to the "they don't enforce it" argument is to think of all the laws that aren't enforced all the time that are on the books; should we go back and repeal everything that's not enforced 100% of the time?

Perhaps the State should create an enforcement team. At $50 a pop, I think it'd be more than enough to fund such an org.

FWIW, a smoker friend managed to quit after the ban, but has just started back up again. :(

I don't buy it, if it's a law they gotta enforce it and I would think if they enforce other rules that people find crazy that gotta enforce the no smoking one too as long as it's a law. Out here we got rules that you can't spit (bettlenut chew) in public and that's enforced, so if a bunch of islanders can enforce a no spitting law you can enforce a no smoking law, or you better start IMHO. I don't agree with a one year warning system unless they think they are going to get callenged in court with the possibility of losing the case then they'd have to figure out what to do with all the folks they've fined or penalized already.

FWIW, since we travel so much, and it seems that everywhere we go is now no smoking there's three of us (we are three islanders, one german, one american, one local) that are going to try to quit. So it affects more then just your own population, your law and other laws in the states are affecting others too to try to get them to stop. We're seeing if we can't get any of the prescription medication or other alternatives to help stop. We agreed to go without the patch or gum and do it cold turkey as that's best for us we think (or that's how we stopped drinking alcohol). A few days of jonsing then just the mental and such issues to deal with. Heck even LAS the a few weeks ago there was a lot of new no smoking laws around. I got a two week family vacation in HNL this summer and I don't want to deal with the smoking / no smoking issues so figure this is as good a time as any to try to stop.

While where we stay allows smoking on the lanai, walking outside to that median at the airport is a major PITA. :(

brendamc
Feb 2, 07, 6:16 pm
The local news recently had a piece about a local bar owner who was still allowing smokers light up.

Which bar? I know someone who would really like to know... And it's fine with me if he goes & smokes there and I can choose not to go.

svenskaflicka
Feb 2, 07, 6:44 pm
Tell your friend that thier are still some hotels that allow smoking on the lanai. Hotels can reserve 20% of their rooms for smokers. Yes, I am a smoker and I hate the new law, but you just have to go with the flow. I would never take the chance and break the law, but the pickins are very slim now. I have been trying to quit for a long time now, not because of any law, but for my health.

HawaiiTrvlr
Feb 2, 07, 8:18 pm
I am sorry, I can't remember the name of the bar that is still allowing their smokers to light up but I want to say it was somewhere downtown. Another report said that Japanese arrivals were off and they blamed it on the no smoking ban. Though, I am thinking their arrivals were off long before the ban started. I agree that enforcement should be enacted as well. On a humorous note (well, maybe not that humorous to anyone but me), but I attend night classes in Aiea. The classroom is right next to a karaoke bar and the smokers walk away from the entrance (as is required by the law) and have started to gather in the parking lot. Each time we have a break from class, you walk out and it is the same smokers out there.

KosraeTV
Feb 2, 07, 10:05 pm
Another report said that Japanese arrivals were off and they blamed it on the no smoking ban. Though, I am thinking their arrivals were off long before the ban started.

I always thought this was going to happen, asian tourists will lower. However the entire US tourism is off by like 17%. It's too soon to tell what will happen overall in the market but the TSA and immigration issues that the US has imposed has cost the travel industry huge amounts of $$$$.

If you really look into places that have put in no smoking laws, their numbers were down and yes some places did have to shut down; however after a curve (dip in business) a different class of business or customers have replaced the smokers. So I do agree that no smoking law will cause a reduction in the asian tourists going to hawaii, it's way way way too soon to judge that, plus that doesn't mean it will stay that way if the marketing of hawaii tourism and such changes with the times as well.

lihue1k
Feb 6, 07, 11:43 pm
Well I'm sitting in the UA RCC at NRT today after spending the past few days in Tokyo and surrounds.

It took a few hours riding the subway and making numerous transfers the first morning before I realized . . . something is very different here . . . unlike past visits where the transfer platforms were a haze of blue . . . there was now clear, breathable air.

Then I noticed very prominent NO SMOKING signs on the platforms - most definitely new since last visit. Gone are the laughable 'smoking boxes' which did nothing more than concentrate smoke in certain areas of the platform.

Finally, I noticed large signs in several train cars saying, no smoking in stations, look for smoking area outside. Sure enough, OUTSIDE :eek: Shimbashi station there was a huge 'smoking area' including a giant vacuum system to collect and purify the smoke.

Seems that even in Japan there is an increasing awareness of second hand smoke. I doubt therefore any significant negative impact on tourism as a result of the new Hawai'i regulations.

Lihue1k

mahasamatman
Feb 7, 07, 4:03 pm
if it's a law they gotta enforce it and I would think if they enforce other rules that people find crazy that gotta enforce the no smoking one too as long as it's a law.

Santa Cruz passed a new law last year that forces enforcement of marijuana laws (except trafficking, I believe) to be the lowest law enforcement priority. So, as long as there is any other offense around (like an expired parking meter or a jaywalker), the police cannot legally arrest someone for pot smoking. I don't think it's been challenged (yet).

svenskaflicka
Feb 7, 07, 6:28 pm
They had a whole seperate page that was kind of nasty in tone about thier no smoking policy. I found it to be part truth. They had the part about the new law, but failed to say that hotels could allow up to 20% of thier rooms for smoking. They said that there was no longer ANY smoking in Hawaii. They also had a paragraph that mentioned that if people saw other people smoking, that they should call the board of health. No other hotel/resort did this. I think they turned people off because they have now pulled this page.

I am a smoker, who has been trying to quit, but I found that page quite harsh and I am sure it offended their japanese clientele that smoke. We all know how polite the japanese are. They don't like anything offensive. I have also noticed that they have every category open al through spring break. This has never happened before. Non smokers will most likely feel that something like their posting is fine.

Ob1Stogie
Feb 11, 07, 12:11 pm
FWIW, I decided not to buy a Marriott timeshare when I was in Kauai in Nov. because of this law. Why would I spend $30K on a TS when I can't even go out on the Lanai and have a cigar and a scotch after dinner? In fact, because of this new law, apart from my mandatory biz trips, I won't be visiting HI anymore.

Even the smoke Nazi's here in CA allow you to smoke on a hotel balcony, OUTSIDE. I have no love for cigarette smokers either, but these smoking bans are getting ridiculous.

svenskaflicka
Feb 11, 07, 3:47 pm
No disrepect intended, but what's the difference between a cigarette smoker and a cigar smoker? Isn't that a wee bit hypocritical? I am a smoker and my Husband smokes the huge cigars he has smuggled in from you know where and I find the smell of a cigar twice a s revolting as a cigarette.

I do agree that the laws have gone too far over there. There are ways around it though. Some hotels allow 20% of thier rooms for smoking. I hate smoking inside, but the law states that you cannot smoke on the lanai. I will sit right next to the door and blow it out. My husband will have to go down to the beach to smoke his smelly cigars.

dhuey
Feb 11, 07, 6:00 pm
No, I knew there'd be challenges to the law. I just think it's rather silly to even bring it on 5th Amendment grounds... :rolleyes:

Technically, it's the 14th Amendment since a state is doing the alleged taking (5th applies to federal government). Same right, though.

The Takings clauses of the 5th and 14th Amendments are critically important constitutional provisions. It's a shame to see a case like this trivialize such a vital constitutional right.

slippahs
Feb 11, 07, 6:11 pm
Technically, it's the 14th Amendment since a state is doing the alleged taking (5th applies to federal government). Same right, though.

The Takings clauses of the 5th and 14th Amendments are critically important constitutional provisions. It's a shame to see a case like this trivialize such a vital constitutional right.
So, even more technically, it's a 5th Amendment issue made available to the States by the 14th Amendment. :p

dhuey
Feb 11, 07, 6:25 pm
So, even more technically, it's a 5th Amendment issue made available to the States by the 14th Amendment. :p

This is just the sort of pointless distinction I actually enjoy.

The protection against property deprivation is explicitly mentioned in the 14th Amendment: "nor shall any State deprive any person of life, liberty, or property...". So, there is no incorporation of a right from the Bill of Rights, like there is with respect to free speech, protections against self-incrimination, etc.

slippahs
Feb 11, 07, 7:00 pm
This is just the sort of pointless distinction I actually enjoy.

The protection against property deprivation is explicitly mentioned in the 14th Amendment: "nor shall any State deprive any person of life, liberty, or property...". So, there is no incorporation of a right from the Bill of Rights, like there is with respect to free speech, protections against self-incrimination, etc.
The 14th Amendment makes these rights available to the States, but the bar owners are not making a 14th Amendment challenge. If so, then the challenge would be a Due Process challenge. Here, the bar owners are claiming eminent domain without just compensation (which is a silly argument, if you ask me), and that claim is being made under Art. 1, § 20 of the Hawai`i State Constitution.

So forgive me if I was throwing out gibberish up there.

dhuey
Feb 11, 07, 7:35 pm
The 14th Amendment makes these rights available to the States, but the bar owners are not making a 14th Amendment challenge. If so, then the challenge would be a Due Process challenge. Here, the bar owners are claiming eminent domain without just compensation (which is a silly argument, if you ask me), and that claim is being made under Art. 1, § 20 of the Hawai`i State Constitution.

So forgive me if I was throwing out gibberish up there.

No, that's not gibberish -- it's an important difference. I could not find the bar owners' complaint to see the precise argument.

So, it would seem then that they'll argue that the state constitution provides broader property protection than the federal constitution. I think these guys were drinking too much of their products when they came up with the idea that they have a property interest in their patrons' ability to smoke in bars.

kaukau
Feb 20, 07, 10:47 am
A recent departure from HNL revealed many pax flagrantly disobeying the no smoking regs at HNL, and airport security personnel ignoring the smokers. Several pax were smoking across from the moving walkway connecting the inter-island to the overseas terminal, and many pax were smoking by gates 27 - 31, sitting on the wall across from the gates. Most appeared to be residents, not tourists. Security personnel strolled by without incident.

Mary2e
Feb 20, 07, 12:20 pm
Can anyone give me a link to what these new regulations are so I can be prepared?

I was there right before it went into effect, and can't imagine how the Japanese are dealing with it. They smoke everywhere.

KosraeTV
Feb 20, 07, 1:40 pm
A recent departure from HNL revealed many pax flagrantly disobeying the no smoking regs at HNL, and airport security personnel ignoring the smokers. Several pax were smoking across from the moving walkway connecting the inter-island to the overseas terminal, and many pax were smoking by gates 27 - 31, sitting on the wall across from the gates. Most appeared to be residents, not tourists. Security personnel strolled by without incident.

:mad: :mad: :mad:

I'm on my 6th day of no smoking and part of the reason to stop is because of HNL's rules and how frequent we go there. We spend a few weeks every year there and lots of stop in's and out's. This weekend we'll be there for a belated valentines and I purposely booked a room in a non smoking room without a lanai.

If they are not going to enforce the dang laws why did they write them?

:mad: :mad: :mad:

Ripper3785
Feb 20, 07, 4:09 pm
Several pax were smoking across from the moving walkway connecting the inter-island to the overseas terminal

When I strolled through there here the other week, not 1 smoker, but the area still reeked of stale smoke. Of course on the outbound I did see people smoking there, and I imagine they do in the adjacent lower garden.

This one, one-way moving walkway in all of HNL airport is kind of amusing. I guess it's due to the slight incline?

mahasamatman
Feb 20, 07, 5:29 pm
When I strolled through there here the other week, not 1 smoker, but the area still reeked of stale smoke.

We were there Friday and again yesterday. No smokers anywhere, no stale smoke anywhere.

mahasamatman
Feb 20, 07, 5:32 pm
Here, the bar owners are claiming eminent domain without just compensation (which is a silly argument, if you ask me)

I'm surprised they never tried the same argument to fight the drinking age. That takes away customers, too, right? I hope they get nailed with a large fine for a frivolous lawsuit.

KosraeTV
Feb 27, 07, 1:22 am
Just got back, saw no smoking in the airport or near the airport (across the street yet but not at like international arrivals outside or inside or such). Saw no one trying to smoke near the hotels or such; however I did see a lot of folks smoking around AlaMoana Shopping Center, bottom section on the side walks still where the little shops are, some a little farther away like in the first parking spot area etc... But... I did see security on the bikes running around telling folks to put out the cig's which surpised me to see rent a cops telling folks to do that.

svenskaflicka
Feb 27, 07, 5:30 am
Can anyone give me a link to what these new regulations are so I can be prepared?

I was there right before it went into effect, and can't imagine how the Japanese are dealing with it. They smoke everywhere.

http://www.hawaii.gov/health/healthy-lifestyles/tobacco/Smoke-Free-Law.htm

I smoke, but I found hotels that do allow 20% of their rooms to be smoking. I can't stay at the hotels/resorts I used to, but at least I can still go. I really need to quit. Not because of this crazy law, but for my own sake. I started as a teenager in high school. All the other Pom-Pom girls did, so I started too. I have tried to quit many times, but to no avail. I won't give up though. I feel like a pariah.

jerseygirl
Feb 28, 07, 9:27 am
http://www.hawaii.gov/health/healthy-lifestyles/tobacco/Smoke-Free-Law.htm

I smoke, but I found hotels that do allow 20% of their rooms to be smoking. I can't stay at the hotels/resorts I used to, but at least I can still go. I really need to quit. Not because of this crazy law, but for my own sake. I started as a teenager in high school. All the other Pom-Pom girls did, so I started too. I have tried to quit many times, but to no avail. I won't give up though. I feel like a pariah.

which hotels still allow smoking - my DH likes to smoke an occasional cigar on balcony looking at the ocean. Westin, marriott are out but it is difficult to determine what hotels, timeshares allow this

HELP!!

dhuey
Mar 1, 07, 2:43 pm
... I hope they get nailed with a large fine for a frivolous lawsuit.

Fine or no fine, this lawsuit will be costly for the bar owners. The have lost their credibility with judges who have long memories.

slippahs
Mar 2, 07, 1:25 am
I hope they get nailed with a large fine for a frivolous lawsuit.
Rule 12 motion for sanctions here in Hawaii are far and few, especially if it's slapped against the attorney representing the Hawai`i Bar Owners ...'n. I'd say, let them duke it out. As dhuey eloquently states above, the only thing the bar owners have to lose are their profits and reputations with the judicial community.

JDiver
Mar 9, 07, 4:59 pm
The Hawai'i Bar Owners Association is making the same claims that other related associations have made in places as far ranging as California to Ireland. In these cases, the predictions of diminished clientele and revenue have born out to be false. In fact, people have generally acclimated quickly, and the pubs / bars keep on (frankly, I'd not have expected that in Dublin, if anywhere!) I think this will give Hawai'i a new facet in marketing itself as the hospitable ho'okipa and ohana-friendly destination.

Hawai'i is often mentioned as having some of the best health care for elders in the USA, and it makes sense they are banning smoking, Carbon monoxide (the red blood cells' hemoglobin actually has ~210 x greater affinity for CO than for oxygen, and it takes about 8 hours to become normoxic again,) nicotine (a vasoconstrictor,) and other products of smoking unduly affect the keiki, as well as elders and others with cardiovascular disease, respiratory diseases including asthma, and many others, so this is a health protection measure that actually gibes pretty well with Consitutional guarantees of "deprivation of life," even if it is kinda pole.

Think about a kupuna (elder) with coronary heart disease - the nicotine in smoke causes constriction of the already narrowed coronary arteries supplying the heart, and the blood that does arrive has more carboxyhemoglobin, less oxygen = increased possibility of angina, and possibly even heart attack. Who needs pilikia like that?

What may need looking at is allowing the provision of separate ventilated facilities in those places that wish to invest the money, and specific guidelines providing only employees who voluntarily wish to expose themselves to byproducts of smoking can work in those places (employees would otherwise not be required to work or service them,) with perhaps an added contribution to worker's compensation fund. Perhaps lanais and outdoor areas should be permitted, as long as wind components prevent those who do not wish to be affected by smoke are are free of it - e.g. a guest complaining smoke is coming into their room from another's outdoor lanai would result in no smoking for the smoker affecting them - but that's another discussion.

This is not medical advice, but for those who wish to quit and are having difficulty, do check out medical information on Zyban / Wellbutrin / bupropion hydrochloride; it has made a major difference for many people (particularly for women who have had difficulty quitting before,) particularly when used at 150 mg once daily, in the mornings. (I know Hawai'ian members of Kasier Permanente can get bupropion and other assistance readily.)

svenskaflicka
Mar 9, 07, 6:08 pm
The Hawai'i Bar Owners Association is making the same claims that other related associations have made in places as far ranging as California to Ireland. In these cases, the predictions of diminished clientele and revenue have born out to be false. In fact, people have generally acclimated quickly, and the pubs / bars keep on (frankly, I'd not have expected that in Dublin, if anywhere!) I think this will give Hawai'i a new facet in marketing itself as the hospitable ho'okipa and ohana-friendly destination.

Hawai'i is often mentioned as having some of the best health care for elders in the USA, and it makes sense they are banning smoking, Carbon monoxide (the red blood cells' hemoglobin actually has ~210 x greater affinity for CO than for oxygen, and it takes about 8 hours to become normoxic again,) nicotine (a vasoconstrictor,) and other products of smoking unduly affect the keiki, as well as elders and others with cardiovascular disease, respiratory diseases including asthma, and many others, so this is a health protection measure that actually gibes pretty well with Consitutional guarantees of "deprivation of life," even if it is kinda pole.

Think about a kupuna (elder) with coronary heart disease - the nicotine in smoke causes constriction of the already narrowed coronary arteries supplying the heart, and the blood that does arrive has more carboxyhemoglobin, less oxygen = increased possibility of angina, and possibly even heart attack. Who needs pilikia like that?

What may need looking at is allowing the provision of separate ventilated facilities in those places that wish to invest the money, and specific guidelines providing only employees who voluntarily wish to expose themselves to byproducts of smoking can work in those places (employees would otherwise not be required to work or service them,) with perhaps an added contribution to worker's compensation fund. Perhaps lanais and outdoor areas should be permitted, as long as wind components prevent those who do not wish to be affected by smoke are are free of it - e.g. a guest complaining smoke is coming into their room from another's outdoor lanai would result in no smoking for the smoker affecting them - but that's another discussion.

This is not medical advice, but for those who wish to quit and are having difficulty, do check out medical information on Zyban / Wellbutrin / bupropion hydrochloride; it has made a major difference for many people (particularly for women who have had difficulty quitting before,) particularly when used at 150 mg once daily, in the mornings. (I know Hawai'ian members of Kasier Permanente can get bupropion and other assistance readily.)

But, they are allowing smoking in nursing homes there.

JDiver
Mar 10, 07, 4:03 pm
Ironically, there are still numbers of nicotine-addicted health personnel, and ideas that patients will be unduly stressed if they are not allowed to smoke still can be found. Yet, many health facilities are now prohibiting smoking anywhere on the campus, meaning even employees must cross the street (and even some correctional facilities have gone smoke-free.)

I felt it most ironic when I was called in by a major local hospital with a renown heart center to consult on a patient who was being treated for a smoking-caused relapse of her sickle-cell disease, and was told by a frustrated social worker the patient was spotted in the atrium (having towed her IV tree along with her,) so she could borrow a smoke from another patient. (It also turns out they were using nicotine replacement therapy rendered useless by improper treatment and administration.)

It often takes a while for new smoking-inhibiting regulations to become rationalized and applied by all workplaces, and Hawai'i is no different. I am also somewhat surprised that many health professionals are still not as cognizant as they could be about adequate treatment of nicotine addiction and smoking, even though their professional associations have been active in encouraging education and treatment.

But, they are allowing smoking in nursing homes there.

svenskaflicka
Mar 11, 07, 7:14 am
These days we smokers are made to feel like third class citizens. If you met me you would see that I am the nicest person in the world. I dress well, I take the best care of myself that I can, I am far from obese and I find that people who meet me, like me. When I am around a "reformed" smoker I feel like a bad, little girl who needs to be sent to he corner for punishment. I started my smoking habit in high school. I was a pom pom girl and all the other pom pom girls smoked so I picked it up. It was a social norm back then. It is not something I would choose to do if it wasn't such an addiction. I don't drink, well occasionally, I have never done drugs and I have always kept myself fit. I am not a dreg of society because I smoke.

I have tried to quit many times and when I am ready I will try again. I deserve some credit for that. I don't smoke around anyone, heck I don't even smoke in my home. I will admit that I enjoy it. It is my vice and my only addiction. I wish people would get of their high horses about this. If I want to smoke, it is my right, for now.

Orchids
Mar 11, 07, 11:17 am
When I am around a "reformed" smoker I feel like a bad, little girl who needs to be sent to he corner for punishment...

I have tried to quit many times and when I am ready I will try again. I deserve some credit for that. I don't smoke around anyone, heck I don't even smoke in my home. I will admit that I enjoy it. It is my vice and my only addiction. I wish people would get of their high horses about this. If I want to smoke, it is my right, for now.

Not everyone realizes nicotine is one of the most difficult addictions to overcome. Smoking is also a personal choice, like so many other choices people make every day. When a "reformed" smoker inflicts his/her opinions on you, why not counter by asking how they spend all the money they now save--what charities do they now support? Where do they volunteer so much free time?

KosraeTV
Mar 11, 07, 3:14 pm
These days we smokers are made to feel like third class citizens.... I don't smoke around anyone, heck I don't even smoke in my home. I will admit that I enjoy it. It is my vice and my only addiction. I wish people would get of their high horses about this. If I want to smoke, it is my right, for now.

Yup that is very true, smokers are third class citizens. Most smokers I know are very considerate when it comes to smoking around folks and such. So you're not alone in your feelings.

KosraeTV
Mar 11, 07, 3:23 pm
Not everyone realizes nicotine is one of the most difficult addictions to overcome.

Sure is, I'm on three weeks cold turkey and it stinks. It was easier to stop alcohol then it is cig's. I mean it really feels terrible to not smoke, I'm not enjoying this but I had to do it. What makes it harder for me is that where I am at is a total 100% smoking place as it is a third world country.

Unfortunately I've turned into a reformed smoker but not because of the holly then thou attitude, I did it so it would help me stop. Right now you can't smoke in my home, near my home, at my operations, outside the doors of my operations, they must go far away to smoke from the entrances as I could still smell it. My workers now have smoking areas to go even the ones that work in the Ag area they can't be smoking except in certain areas. And this is so that I won't be tempted as it still smells good to me and I still miss it and I still want to smoke. :mad:

Most of the employees are not happy but they've all commented that they are saving money as they are smoking half as much.

svenskaflicka
Mar 11, 07, 3:46 pm
Sure is, I'm on three weeks cold turkey and it stinks. It was easier to stop alcohol then it is cig's. I mean it really feels terrible to not smoke, I'm not enjoying this but I had to do it. What makes it harder for me is that where I am at is a total 100% smoking place as it is a third world country.

Unfortunately I've turned into a reformed smoker but not because of the holly then thou attitude, I did it so it would help me stop. Right now you can't smoke in my home, near my home, at my operations, outside the doors of my operations, they must go far away to smoke from the entrances as I could still smell it. My workers now have smoking areas to go even the ones that work in the Ag area they can't be smoking except in certain areas. And this is so that I won't be tempted as it still smells good to me and I still miss it and I still want to smoke. :mad:

Most of the employees are not happy but they've all commented that they are saving money as they are smoking half as much.

Good for you. That is commendable. It must have been so hard. Don't give up if you start again. You have more willpower than I do. Do you feel a ton better?

KosraeTV
Mar 11, 07, 4:36 pm
Good for you. That is commendable. It must have been so hard. Don't give up if you start again. You have more willpower than I do. Do you feel a ton better?

Honestly, I feel like (self edited before a moderator does it, just insert every bad word you can think of ;) ).

slippahs
Mar 11, 07, 5:00 pm
You folks have some great insights on the personal side of smoking, but I just wanted to try to steer the conversation back on topic to the smoking laws in Hawai`i. Thanks, and sorry for the interruption. :)

--slippahs, Hawai`i-forum co-mod

semperit
Mar 30, 07, 9:45 am
Hi all

I am working for a Travel Agency in Asia and Europe. Since beginning of 2007 i was forced to cancel almost 800 Hotelrooms and much more Flightseats into HNL. This new Smoking Law will bring the whole Travel Industry in Hawaii big big troubles. Last few years i brought as many as 30`000 Tourist into Oahu. Now, i need to cancel Hawaii as a Destination completely from May away. When i talk to my collegues i hear the same everywhere, Asians which coming back from HNL which spend 1000`s of Dollars every single day, wont return anymore. Since several big japanese Media covered the Story, we have nothing but cancellation for HI. I am sure, that Japan Airlines will cancel quite some flights very soon. Why everything has to be always that strict. HI is a tourist destination and ruins itself with such measures. I cannot believe, what i hear and flying in to see it by myself and hopefully have the chance to talk to some people.
I read some comments, that other people will come instead...do you know why Kalakaua looks how it looks...not the Americans make sure, that the Luxury Shops makes their profit...defenitely not.
I am sorry but Hawaiians Tourist Sector looks not really bright.

Greets
Semperit

svenskaflicka
Mar 30, 07, 10:02 am
Hi all

I am working for a Travel Agency in Asia and Europe. Since beginning of 2007 i was forced to cancel almost 800 Hotelrooms and much more Flightseats into HNL. This new Smoking Law will bring the whole Travel Industry in Hawaii big big troubles. Last few years i brought as many as 30`000 Tourist into Oahu. Now, i need to cancel Hawaii as a Destination completely from May away. When i talk to my collegues i hear the same everywhere, Asians which coming back from HNL which spend 1000`s of Dollars every single day, wont return anymore. Since several big japanese Media covered the Story, we have nothing but cancellation for HI. I am sure, that Japan Airlines will cancel quite some flights very soon. Why everything has to be always that strict. HI is a tourist destination and ruins itself with such measures. I cannot believe, what i hear and flying in to see it by myself and hopefully have the chance to talk to some people.
I read some comments, that other people will come instead...do you know why Kalakaua looks how it looks...not the Americans make sure, that the Luxury Shops makes their profit...defenitely not.
I am sorry but Hawaiians Tourist Sector looks not really bright.

Greets
Semperit

Linda Lingle is the uhm... person you really want to talk to about this. This is going to backfire on her. Big time. I recently spoke to the Four Seasons Lanai GM with regards to smoking on the property and he told me that they are having big problems with the new non smoking law. If you check the availibility for any of the Hawaii hotels you can see that rooms were and are wide open, even during spring break. That's a first. We always had to jostle for a room when we used to go in March and beginning of April. She is throwing the baby out with the bath water on this one.

Mary2e
Mar 30, 07, 10:08 am
I was just there and had absolutely no problem smoking where I wanted to smoke - which included my lanai.

If I wanted to smoke on the street I did so 20 feet away from a building entrance.

Even though I was trying to be mindful of the new law, I saw plenty of people smoking where they pleased.

semperit
Mar 30, 07, 10:46 am
how it looks with for example the nice patio/bar area from the moana surfrider..i guess its not allowed?

kaukau
Mar 30, 07, 10:54 am
This new Smoking Law will bring the whole Travel Industry in Hawaii big big troubles.

I have no problem trading tourists for a healthier, cleaner, less toxic, less cigarette-smoking, better smelling Hawai'i.

Mary2e
Mar 30, 07, 11:02 am
how it looks with for example the nice patio/bar area from the moana surfrider..i guess its not allowed?
You are not allowed to smoke in a public place, and that would include the outdoor bar at the Moana.

However, they may have made a provision if the seating area is more than 20 feet away from an entrance.

I am generally in the habit of not smoking in a restaurant or bar and am acustomed to going outdoors to do so. This is why I did not find the smoking law to be a problem.

Cholula
Mar 30, 07, 11:05 am
Everytime these laws are enacted, there is much gnashing of teeth, wrenching of guts, predictions of lost business and whatever.

Back in the mid 90's when CA enacted the toughest anti-smoking laws in the nation, there were predictions that the restaurant business and tourist trade would never recover. But they barely lost any ground and are today as strong as ever. Same for NYC.

And you're seeing a similar trend in Europe....Italy and Ireland now non-smoking countries and France and others soon to follow. And business goes on as before with a temporary downturn until the non-smokers eventually replace the business lost by smokers.

I remember back in the 80's when most airlines went non-smoking. I pledged never to fly again as a result. And that pledge lasted about 2 weeks because, hey, what are you going to do?? :(

I predict that Hawaii may take a bit longer to recover due to their heavy dependence on the Asian tourist. But I think any long-term negative impact for Hawaii is doubtful.

getouttatown
Mar 31, 07, 5:37 am
Everytime these laws are enacted, there is much gnashing of teeth, wrenching of guts, predictions of lost business and whatever.... But I think any long-term negative impact for Hawaii is doubtful.

I echo your sentiments. It appears as though these anti-smoking laws are being enacted all over the world.:D And, after the initial prognostication of businesses going belly-up, businesses have actually thrived. There will be some smokers who will vow never to return who will ultimately renege on that threat. There will be some who actually never return, however, they will most likely be replaced by others who will come to enjoy the smoke free Hawaii.


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