Defiance: Hawaii Update Page 3

Read more:? Hawaii Update Page 4

Read more:?? Hawaii Smokers Alliance

HI: State Update: It’s Payback Time. Vote with VENGEANCE.

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Update From Hawaii: Burying the Antis in Lava….
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Sending smokers out into the cold and snow should guarantee rebellion, right?? Sadly, that question has been largely answered in the negative over the past few years.?
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BUT… quite unexpectedly, and due to some VERY hard work by a core of dedicated folks, we’re seeing not only a rebellion, but what looks to be a very successful rebellion in the land of sun and sand and palm trees: Hawaii !!
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Our Hawaiin contingent was faced with a smoking ban voted in by the overwhelming majority of that State’s legislature.? I don’t have the exact numbers in front of me at the moment but the final vote was something like 90 in favor of the ban and 10 against it.
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Dave Crowley, Jolyn Tenn, and several other folks down there stood up and said “We Ain’t Takin’ This Lyin’ Down!” and proceeded to hammer their legislators, each and every one, with monthly or even weekly personal office visits with new flyers and information on every visit.? They’ve hammered the newspapers, staged rallies, done interviews, gathered signatures, personally surveyed just about every bar owner and bartender in the state….
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And turned that 60 to 40 pro ban vote into something more like a current sentiment of about 60 proban vs. 40 in favor of overturning it!
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Visit Hawaii Smokers Rights at:? http://forceshawaii.tripod.com/index.html
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and
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Hawaii: The Smoke Vote.com at (You guessed it!)? http://thesmokevote.com/
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to see some of their work.
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In early December they staged a rally in conjunction with a supportive group of bikers and some military folks and got GREAT TV coverage on two of Hawaii’s major networks on both the 6 and 10 o’clock news.?? They got video from the event and are working on putting together a spot for their local public broadcasting channel.? Their turnout was hurt by a major tie up of the highways due to a horrendous accident that morning, but they made lemonade out of the lemons and made sure that everyone who showed had a big colorful sign to wave around!
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Here’s what Dave had to say last month:
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It is an election year, and our fliers have been emphasizing that point and that the 200,000 smokers segment in hawaii will become the largest voting block in hawaii election history…that holds some big weight in the eyes of the lawmakers…we are working on a district by district breakdown of the approx. number of smokers per district…each lawmaker will find out just how many smokers are in his or her district…those numbers could definitely effect the election results.
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We are also continuing to discredit the integrity and sincerety of our opposition, namely the American Cancer Societyl, the Coalitions for Frees, and the other cronies attached to their embilical cord of funding…specifically we made a huge thing on the recent article run in the WALL STREET JOURNAL on the exposing of the giving out of false information and stats to the public and lawmakers over the years as per the so called dangers of SHS.
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Our flier distributed last week caused many eyes to open up…we will continue that campaign to destroy their phosod with that huge article on the corruption of the ACS that came out a while ago…that will cement our stand…after that, lawmakers will have no excuse not to know the real truth! Our staunch enemy, Sen. Roz Baker of Maui, told me in response to giving her the flyer on the wall street journal expose…”I’ll read it, I won’t change my mind”. Our campaign to help unseat her will step up into 2nd gear shortly as we will distribute “Kiss My Ash” cig butts cans all over Maui in January with her pics splattered over them!?
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Other factors have come into huge play over the last six months: There has been the ten consecutive month fall of Japanese tourist arrivals into Hawaii (We are making sure the news media keep this on top of everyone’s minds!) and we have had over 50 articles and dozens of editorials since the interim began concerning the issues of the smoking ban/business loss/tourism etc….all inter-related.
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Our strategy to keep orchestrating news topics to come out in all media fronts has been a great success. Our fliers and information are quite impressive…just plain TRUTH. We constantly compare ourselves with our opposition, stating that you will get the truth and nothing but the truth from us, not skewed, biased, outright lies.? Our strategy to land and plant just a drop of doubt as to the integrity and honesty of these organizations has really worked. Now people have that slight question, that slight doubt, that slight wondering when it comes to these huge mega conglomerates who have hid behind their sick cloak of honesty and integrity. Just a drop of doubt is all we need…and we have caused many, MANY drops since our campaign began last year this time.
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In closing, our new campaign this coming session will have a new twist. We will be pushing for pretty much the same thing as last year, giving each bar owner his or her own CHOICE as to catering to smokers or non smokers, but what we have this year brings a good public relations flare to it.? Jolyn and i have been avid supporters of the Organ Donor movement for decades…both organ donors since the ’70s… Our new bill will encompass the organ donor issue by this m.o:? A new classification of a liquor license will be created to specifically? allow a bar to have a smoking exemption. That license will cost every bar owner $2,000 a year. I anticipate well over 50 bars across the state, at least, will choose to pay for this smoking exemption license (total: $100,000)? However here is where it gets meaningful…the monies will go to the liquor commission, BUT will then be dispersed (90% of it) to a pre chosen ad agency to begin a radio/tv campaign to bring more public awareness for organ donation! Its a win-win…bar owners get to make their own decision while monies generated go towards a wonderfully worthwhile movement that can save lives by the dozens every? year right here in hawaii…AND the smoking public can once again smoke in their chosen designated smoking allowed wateringhole!
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Senator. Sam Slom is drafting this new bill, called the OPECI Initiative (Owner Patron Employee Choice Initiative).? Imagine, every year, tens of thousands of dollars going into a public awareness campaign to bring more people to become organ donors! Also included in the bill will be a specific waiver form for each employee, stating that they indemnify the owner of the business they are working at and that they are freely willing to work at said smoker friendly establishment.? Now everyone’s protected…large signs will be required in front of every smoker business…Enter at your Own risk…this is a smoker friendly business!
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Anyway…this is just a nutshell of what is going down here in hawaii…will keep you all posted as the session comes around again in January…let Round 2 begin!? aloha,? dave crowley? Jolyn Tenn?? Hawaii Smokers Alliance.com?? Americans For Freedom of Choice? TheSmokeVote.com
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Most of the rest of December of course was distracting for all of us because of the holidays, but as January rolled in I had yet another missive from Dave Crowley:
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HAWAII: Round Two!
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Michael…hope you are well…just a status update as per how we are kicking off ROUND TWO FOR THE DEFENSE OF FREEDOM OF CHOICE here in Hawaii.? It is kicking off unbelievably well…don’t quite know where to begin…let’s start from the Interim.
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For the last six months we maintained a steady flow of our patented Flier Drop-Offs on a basis of once a week or at least once every two weeks, just to make sure lawmakers knew WE did not go home on vacation: a steady thorn in the side. It worked well, as we were able to meet and run into lawmakers who otherwise would be unavailable during the session, or at least hard to reach during the session.? Lawmakers continued to be impressed at our tenacity and persistence, so much so that when we kicked off officially ROUND TWO with the march #2 on the capitol last month (with the added bonus of two tv station coverages) we were met with an interesting new sense of respect and even admiration by many at the square castle.?
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We’d had six months to hone our strategy, learn from our mistakes, and readjust where needed.? Information made available on a daily basis by such sources as illinois smoker alliance, the smokers club, and forces, was invaluable, as it gave us the needed direction as per building our ammunition of facts and strategies. We took what we needed, fine tuned it to our battleground and hit into ROUND TWO WITH PUNCHES FLYING!??
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We decided to end the old year AND initiate the new year (ROUND TWO) with what we call the “Year in Review” packet…a compilation of every flier dropped off during the last 12 months since the battle began.? It was an incredible success, as lawmakers were impressed with just how many bits of information we did actually drop off. Each packet contains 76 fliers (90% of what was passed out) and the packet is coil bound with a front color cover of David fighting against Goliath (enclosed in attachment) which has been one of our mantras all along: the average folk fighting up against the mega billion dollar conglomerates.?
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The effect of actually holding all those fliers in a coil bound packet over an inch thick really made impact. People just didn’t realize the extent of our info blitz before. And of course the not-so-subtle underlying message was that since election is coming up it was imperative that every lawmaker would be reminded as to all of what we gave them in our TRUTH campaign.? This way no one could face their constituents after the election saying “Gee, I wasn’t told” or “I didn’t know”. We gave them a? subtle but powerful reminder that they ultimately will have to answer to us, the voters.?
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Also, something happened this last week that really floored us. HawaiiReporter.com, the premier on-line news magazine of Hawaii, came out with a Heroes of Hawaii list…”People who made a difference here in 2007″…and guess what, Jolyn and I were ranked 12&13 on that top 30 list! It is an unbelievable honor to be acknowledged in such a manner…many times you put so much effort in something and think, well nobody really knows or cares but when you are acknowledged in such a manner, it sure makes all the sacrifice in time and monies worth it.?
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Another incredible event happened this week. Our opposition, namely Coalition for Tobacco Free Hawaii, along with all their cronies (ACS, Health Dept, Attorney General etc) had planned on a huge “Update Hearing” with members of both sides of the body’s health committee, a double party “blow smoke up your ass get-together” to show how the smoking ban has had no negative effect on the economy in the last year. Included in this parade of idiots and liars is some guy named Hyland who flew from the mainland to speak on the issue as well. We had heard about it and were planning to attend it this coming Wednesday, knowing full well that we could not speak, since this was designed to be their “tooting the horn” party planned for many months with the lawmakers.?
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Well lo and behold, I get a call from a lawmaker, a past enemy of ours, requesting our presence there at the toot our horn shindig at the capitol…TO SPEAK NO LESS! He informed me that the chair of the representative health committee, another once staunch enemy, had requested him to call us so that the affair could hear BOTH SIDES OF THE STORY, SO AS TO BE FAIR.? Unbelievable!? Then Jolyn gets a call from the senate health committee chair requesting her presence at the function…TO SPEAK AS WELL.? We were both stunned and elated of course. This was supposed to be their big hooopra party boasting to the lawmakers about how wonderful life is now in Hawaii since one year into the ban…and now they find out WE WILL BE THERE!??
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Ha!? they are pissed to no end…and according to a few sources of ours have been scrambling like a bunch of rats being chased by a cat as to how to strategize? and be ready for our presence….and believe me our presence WILL be known…with a three pronged attack! We are sharpening our blades of TRUTH. Bill Cumorford of the Hawaii bar owners association will be the third prong with Jolyn and me being the first two.
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Jolyn will concentrate on stats, namely from the liquor commission, just released: TRUE UNSKEWED STATS on liquor sales. Bill will concentrate on the loss of revenue in his businesses (3 pubs in Honolulu), and I will hit the bombshell recent revelations by the Wall Street Journal, Lancet, and the British Medical Journal on the admission of our opposition that they’ve been giving out lies and misinformation on the so called “killer dangers” of SHS. We have a special 11×17″ flyer which is a compilation of all of the statements in the last year by various credible sources calling into question the validity and credibility of our opposition’s so called “scientific data” on SHS.? We are gonna knockem dead!
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Each of us will be speaking on different points of attack. It will not be a pretty scene for them…tv cameras will be rolling, and we anticipate some great news coverage. Looks like we spoiled their little bragging party…will let you know how it turns out. When we passed out the first wall street journal flier 3 weeks ago, it opened up some eyes in the capitol. Casting just a doubt on our enemy, as per their honesty and sincerity has been one of our main strategies all last year, but with this stunning revelation in the Journals, it takes our strategy to another level. Our opposition’s words can no longer be seem as chiseled in stone…everything they claim MUST BE QUESTIONED!!? THIS WILL NOT BODE WELL FOR THEM AS WE WILL HAVE THEM UP AGAINST THE WALL.?
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We’re adding a unique twist to our issue of freedom of choice, granting a special form of exemptions for bars which will be unveiled next week as our bill for this session will soon be released to the public.? A new class 16 liquor license will be proposed, which will provide an exemption for any bar who decides to purchase one and become a smoker friendly establishment. The fee per year will be a stout $2,000…we had to put some high value to it…and with about 50 bars across the state which will most likely pay for it, that amounts to a money chest of about $100,000 every single year.
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So what should we do with this money? About two months ago it finally hit me…let’s tie it in with a noble cause concerning health or better yet, concerning organ donation! I and Jolyn have been avid supporters of the organ donor movement, and been organ donors for over 30 years. This movement lacks funding big time despite its importance in saving lives. Public awareness is very low as Hawaii is one of the lowest in organ donor percentages…tens of thousands await on the donor waiting list. Thousands die every year because there are no donors for much needed lifesaving organs. Here is the beautiful twist…the liquor commission will keep 5% for handling costs while the rest will go to a designated ad agency which will use the monies to create and conduct a steady radio ad campaign to build more public awareness as to the need to become an organ donor.
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Its a win win for all:? Bar owners get to make their own choice and cater to a smoking clientele. Smokers get to have a few places they can go and enjoy smoking and drinking without fear of breaking the law. And hopefully hundreds of lives will be saved due to more people becoming organ donors. Years ago, I wrote a song called “the greatest gift of love” especially for the organ donor movement…I give it away to people for free and have given away thousands across the globe from Pakistan to New York. The website is thegreatestgiftoflove.com. and the strategy was to give away a cd to every lawmaker with a short write up stating that Jolyn and I are not only passionate about our movement but we are also passionate about other things…flier enclosed.
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It worked very well, as it gave us a much softer image to those who may have had ill feelings towards us.? This really helped to show that we are caring and sensitive individuals who not only care about the smoking issue, but care about saving other people’s lives, if our lives were to end. So the lawmakers have no idea, except a chosen few now, that very soon, in the next week or two that the cd they received last month will be an integral part of our new bill requesting a fair and just compromise on the smoking ban.
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It should be an interesting surprise for all. We have already received a kind email from a senator who didn’t give us the time of day last year, and who voted for the ban, telling us how she loved the song and that she will be passing legislation on organ donation this session as well…how interesting and ironic.? The subtle message was that she hopes for our endorsement and support of such legislation…and the subtle message for us is that she will support our new bill. Politics sure makes for strange bed fellows…heard that line for years, but really didn’t know how poignant it was until our experience over the last year.
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So things are starting to really shape up…lawmakers have been telling us that we were right and that perhaps they went overboard and that a reasonable compromise may be in order. This will be gigantic blow to our enemies…the first in the nation…the first statewide smoking ban severely amended. Thanks again Michael for your support…please pass this on to Samantha and Garnet and any who may be interested as per the up to date status of our battle here. Don’t forget to also pass on the attached enclosed fliers for the last month setting up for the beginning of ROUND TWO…LET IT BEGIN!
aloha,? dave crowley?? jolyn tenn??? HawaiiSmokersAlliance.com?? TheSmokeVote.com
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Check this out on the web: Honolulu Star Bulletin in the editorial section, headlines. We have been fighting the two Honolulu dailies for over a year on this smoking issue. The Advertiser has been totally rabid on the issue, but the Star Bulletin has also been rabid, but seemingly a bit more fair, especially in the last few months as we tweeked up our campaign heading into the round two. Well lo and behold, THEY NOW SUPPORT OUR PLATFORM. I SAID, THEY NOW SUPPORT OUR PLATFORM. TALK ABOUT AN ABOUT FACE!
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We’re still trying to figure this out. Is it a set up? What motivated them? Our pressure? The truth vs. lies? A marketing strategic move against their arch competitor the Advertiser? Well, whatever the reason, this is the biggest event since our campaign kicked off over a year ago. To have one of the daily’s on our side…its just so hard to comprehend. The hard work is paying off…as i’ve stated to many…”In the end, TRUTH is always the last one standing”. If i die, and that line is the only thing I have left behind, it will be worth it…because we have been fighting falsehood and lies, thinking we would never be redeemed, especially with the power of the daily’s against us, and now little David has finally convinced one of the Goliaths to throw his sword to the ground. Ha!? Love it!
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Later, Dave
P.S. Please notify all as to this unbelievable turn of events here in Hawaii.? I must later tell you about the huge hearing we had last week. Boy, did we shoot them full of holes…the momentum is multiplying by the day. On Wednesday Jolyn and I are special guests of Representative Colleen Meyer for the legislative opening day celebration on the floor of the house. We’ve come a long way baby…ha!
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Finally, here’s the January 15th update from Jolyn regarding the hearing Dave referred to above:
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Hi Michael,
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Here’s a brief? synopsis of what took place Wednesday January 9, 2008.
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The hearing commenced and was meant to be a landslide against us.? The Opposition thought they were prepared, but it was quickly apparent they were not.
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First to testify was our Attorney General: she was speaking as to the lack of enforcement of the new law and that it would be coming soon.
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Next testifier was the Director of the Health Department.? She made a short speech and covered all the normal ground, with the normal rhetoric.? She was stumped by the lawmakers’ follow up questions as to the exact numbers of non complying bars, economic impact on bars, etc.? If she did answer a question, it was pre-qualified with the term Anecdotal.
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Bill Comerford was next. He was filling in for an out of town Fred Remington, president of the Hawaii Bar Owners Association.? He covered a lot of ground, he is a lifelong non smoker, and he conveyed the fact that the government doesn’t belong in the nannying business.? People should have a freedom of choice and maintain their personal responsibility as to the choices that are being made.? Bill also said that he and Fred have put more money into the business in this past year than their bars actually made.
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Kawika Crowley was next up and he decimated the credibility of the opposition, blew holes in their absolutely bogus statements of late, and gave a very passionate and concise delivery.
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I had to pleasure of crucifying Dr Andrew Hyland.? He is a long standing anti tobacco puppet brought in from the mainland to do an economic impact study.? Unfortunately, I had to speak before he did, but nonetheless, mission accomplished.? But it could have been so much better…
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Lastly, Sam Kekaula, Big Island bar owner, got up and stated his bar had a $65,000 loss.? Another bar is down $89,000.? Incredible figures Michael, these are Mom & Pop Joints that are on the verge of dying after 30 years in business.? His testimony was compelling.?
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One pitfall that owners and speakers for our movement must be prepared for is the dangling of the carrot, money for rights issue.? The Health chair asked if Sam would be happy with the smoking ban if he wasn’t losing money.? The answer should always be NO.? No trading of our freedoms for government subsidies, etc…
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The Health chair called Kawika and myself up next for follow up questioning that went extremely well and totally in our favor.? They asked specifically to confirm our claim of 75 bars in defiance of the smoking ban, which we did and also corrected them, because, by Hawaii law, they are in compliance. They have to put up signs, but according to our Attorney General they do not have to enforce the law.
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Andrew Hyland was next.? He spoke for half an hour about New York.? (As if we care about their numbers.)? He was nervous upon questioning, answered with anecdotal evidence, or avoided answering.? And they paid this clown how much?? I have dubbed him the “Artful Dodger”…? Theatrical, but totally lacking in substance.
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The world needs to know that the Anti-tobacco movement is vulnerable.? They are not that huge Goliath that is unbeatable.? They are in fact hiding behind a thinly veiled facade of half truths that are finally being exposed with the actual TRUTH.? The keys to success are preparedness and perseverance.? The opposition’s entire foundation is built on quicksand,? and they are starting to fall into the quagmire, headfirst.
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In closing, it was a very embarrassing day for the American Cancer Society and their ilk.? Especially in light of the recent diabolical revelations in the Wall Street Journal and the British Medical Journal as to the incredible distortion and lies that our opposition continues to spew forth on the so called Killer dangers of SHS exposure (of which we succinctly presented to the law makers).? When questioned directly, they kept turning back to their cronies for help with the answers that they never were able to give, or the term anecdotal was inserted to try and cover their completely exposed derriere’s .
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Hell, they couldn’t even figure out how to get an accurate accounting of pre and post ban bar sales figures.? We volunteered the answer, which was to be easily found by comparing the monthly general excise tax figures…. DUH, that’s part of the state government records. (It was indeed a laughable moment, with all those PHD’s, and MB’s, and BA’s in the house, and no one knew that simplistic answer. It was truly astonishing!).?? It is obvious that these people are not used to an organized attack on their position.?
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Blogging and emailing might make you feel better (we like to do that too), but it takes a daily, in your face approach to get these legislators on your side.? You must present the facts, and be able to back up what you say.? Child’s play, and all day long their indomitable Goliath took an ass whooping from our David, in what was, simply put, a rout of the opposition’s stranglehold on the Hawaii State Legislature.? The light is getting so much brighter at the end of our tunnel.? BAN THE BAN!? Say it loud, say it proud!
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Aloha,
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Jolyn Tenn
Hawaii Smokers Alliance
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So there you have it: Hawaii, a land where the Antis fully expected the LEAST opposition from smokers, forming a spearpoint aimed straight for their hearts!

Michael

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Revise smoking ban to give options to bar owners
January 12, 2008
THE ISSUE
Bar owners are asking for relief from a ban on smoking on their premises.
STATE legislators are being asked to lift the prohibition on smoking in bars, even though the ban is not being enforced. The ban is overly broad and needs revision, but lifting it entirely would be a step back from protecting people against secondhand smoke.
In the 2006 Legislature, Hawaii became the nation’s 13th state to prohibit smoking in bars. Others include California and New York. Even tobacco-addicted France this month extended a year-old ban on smoking in public places to restaurants, bars, casinos and other commercial enterprises but allows it in outdoor cafes and indoor “hermetically sealed areas, furnished with air-extraction systems and subject to extremely rigorous health norms.”
The action in France follows a smoking-ban movement in Europe that began four years ago in Ireland, where pub owners can provide open-air smoking sections. Germany will complete compliance of a smoking ban in bars by the end of this year.
The Hawaii ban includes open-air sections and nonbar property within 20 feet of entrances, exits, windows and ventilation intakes, essentially holding bar owners responsible for enforcing the law beyond their property. That part of the law should be repealed, following the Irish or French example.
The bar owners want to be entirely exempt from the 2006 smoking ban, which includes airports, public transportation facilities and vehicles and other areas available to the public such as restrooms, lobbies, reception areas, hotels, offices and banks.
Their plight is understandable; while only 20 percent of Hawaii residents are smokers, Bill Comerford of the Hawaii Bar Owners Association claims that two-thirds of bar customers smoke. The same is true in France; about 12 million of the French — about 20 percent of the population — smoke, according to official figures.
When Hawaii’s law went into effect, opponents warned that it would discourage tourism from Japan. While Japanese tourists dropped during the past year and even fewer are expected this year, tourism officials blame rising fuel surcharges and fewer flights and hotel rooms, not the smoking ban. The movement to curtail smoking also has reached Japan, where smoking is prohibited in public places and some city streets but not yet in bars and restaurants.
Hawaii’s 14-month-old law has resulted in no bars and only one person being cited by police for violation — not because of compliance. Jolyn Tenn of the Hawaii Smokers Alliance says about 75 bars across the state allow smoking in violation of the law.
If the law is maintained, owners of bars that don’t offer food service want legislators to grant them the right to allow smoking at a cost of $1,000 or $2,000 a year. Rep. Josh Green, a Big Island doctor who is chairman of the House Health Committee, instead is suggesting a tax credit to offset bar owners’ financial losses.

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September 19, 2007

On the front page of the Aug. 28 Star-Bulletin, an individual was shown proudly displaying a portable ashtray with a print-on heading “Smoking with Aloha.” Evidently, Hawaii Tourism Japan, the entity contracted out by the state to promote Japan tourism to Hawaii, is now handing out ashtrays to Japanese tourist arrivals. Forty thousand of them, by the way. Our taxes well spent, again. The consequences and ramifications of this ridiculous new smoking ban are getting more pitiful, dire and sadly comical by the month.

This ashtray giveaway party is just a desperate attempt to try to Band-Aid an obvious legislative blunder in hopes of winning back the favor and respect of millions of angry Japanese smokers in Japan. Good luck.

Our economy is a business. Tourism is a business. If you pass rules and laws that make your customers uncomfortable while at your business, they just won’t come back. They merely find another business that treats them with more respect and courtesy. Simple as that. It’s called Customer Relations 101.

To pass rules and laws that would directly affect than 20 percent of your clientele and not expect some form of consequence is ludicrous. I would venture to guess that close to half of all lawmakers have never run their own business, and know very little about marketplace cause and effect, supply and demand, and market response to legislation. So now we have nonbusiness people making strange decisions and trying to run a billion-dollar enterprise (Hawaii tourism). Mistakes will be predictable in such a situation.

No, the Japanese did not get the “wrong message” about our new smoking ban. I was raised in Japan. They’re not stupid. Rather, lawmakers listened to the wrong people, then went on to pass rules and laws for their business establishment (tourism) that made a sizable portion of its clientele feel uncomfortable and unwanted. Most CEOs would get fired for such a blunder, especially if it translated into millions in lost revenue.

A billion ashtrays smothered in leis won’t bring them back. Only by going back to the reasonable restrictions of pre-Nov. 16 will they even consider to return. That was just and fair to all concerned.

The sad thing is that not one political giant has had the guts to step up to the plate and admit publicly, “Oooops … we blew it … now let’s fix it.”

By the way, everybody is banking on the big potential Chinese/Korean tourist market to explode, following easing of restrictions. That should counter the dismal eight-month consecutive drop in Japanese tourism to Hawaii. Well, guess what? China accounts for one out of three cigarettes smoked on the planet … do the math. Let’s send them a couple of million ashtrays with a fortune cookie inside reading “Smoking with Aloha.” No sense. They will be smoking with bucks at one of many other friendlier and cheaper destinations. Stop the bleed already … fix it!

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David “Kawika” Crowley is co-chairman of Americans for Freedom of Choice, co-chairman of the Hawaii Smokers Alliance and a member of the Hawaii Bar Owners Association.

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Tobacco-free group urges firms to snuff out smoking
July 29, 2007
By Allison Schaefers / aschaefers@starbulletin.com
The Coalition for a Tobacco-Free Hawaii, an independent organization in the islands whose sole mission is to reduce tobacco use, is telling Hawaii’s employers that they should make employee smoking their company business.
The coalition, which was a key driver in the passage of Hawaii’s Smoke-Free Law, is now launching an initiative called “Make It Your Business.” The $50,000 initiative, which will begin in the fall, encourages companies to reduce the impact of tobacco in the workplace by funding smoking cessation programs or ensuring that they are covered by insurance.
The Coalition for a Tobacco-Free Hawaii, which worked with chief executives and human resources people to push for smoke-free workplaces, now wants to work toward a tobacco-free work force, said Deborah Zysman, executive director of the coalition.
“We aren’t saying fire your smokers, but we are saying that they are costing you a lot of money,” Zysman said, adding that smokers tend to be less productive in the workplace and to have higher rates of absenteeism due to illness or family illness.
However, employers need to provide counseling and medical support to their smoking workers if they want to increase the odds that they’ll quit the habit, she said. Hawaii’s smoking cessation program enrollment tends to be pretty low — and that’s a concern, since “most people fail when they quit cold turkey,” Zysman said.
“Smoking is more addictive than heroin,” she said. “Participating in a smoking cessation program doubles a person’s chances of quitting.”
More than 1,200 deaths a year in Hawaii are attributed to tobacco use, which also costs employers an estimated half a billion dollars a year in health-care costs and employee absenteeism, Zysman said.
“It’s astronomical when you think about it,” she said, adding that for most Hawaii companies the costs to be proactive will pencil out.

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Gray Area with Smoking Ban
July 28, 2007
Mari-Ela David
HONOLULU (KHNL) – Smokers caught lighting up right in front of no-smoking signs at a clinic in Honolulu – It seems like violation of Hawaii’s new smoking ban, but there’s somewhat of a gray area.

Bob Lamb took pictures of smokers caught in the act. Lamb is a patient at the Department of Veterans Affairs Clinic. He says it’s what he sees every time he flies in from the Big Island for his check-ups.

“It’s kind of disgusting when, here I am doing the legal thing, and then people are standing in front of the no-smoking signs making me choke,” says Lamb.

The issue hits home for Lamb. He used to be a smoker himself until he was diagnosed with emphysema. Lamb quit and no longer has it, but he still gets bronchitis and asthma when he’s near cigarette smoke – a problem he says flares up when he visits the VA clinic.

Although non-smoking signs are plastered all over the entrance of the VA clinic, it is federal property. So Hawaii’s state laws, such as the smoking ban, don’t apply.

“It’s hard to believe since the signs are up, why put up a sign if they don’t have to have the law?” says Lamb.

Whether or not these smokers are breaking federal law, Lamb says the bigger issue is that they’re blowing off respect for other people’s health.

It’s not clear if it’s illegal to smoke in the non-smoking area of the VA clinic. Calls to the clinic were left unreturned Friday.

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Defiance – One Puff at a Time

7/6/2007
By Malia Zimmerman

‘“Defiance: ” Intentionally contemptuous behavior or attitude; a hostile challenge; resistance against authority; insubordination; rebellion.’

HONOLULU, HAWAII: When Hawaii’s statewide smoking ban went into effect last November and smoking became illegal in any private restaurant, bar, building, airport or public facility, both bar and restaurants owners took a big financial hit – one many haven’t recovered from.

Bar and restaurant owners interviewed by Hawaii Reporter say their business is down between 10 percent and 25 percent since the 2006 smoking ban.

That – combined with skyrocketing property taxes on commercial properties, commercial rent increases, rising sewer and water fees, booming employee costs for medical, workers comp and unemployment comp, the 12.5 percent increase to the General Tax that went into effect January 1, 2007, and the 6 cent bottle tax, and minimum wage hike – are all too much for some businesses. Thus, the sudden closures of a number of restaurants around the state in recent months including Stuart Andersons (dba The Cattle Company) in Ward; TGI Fridays in both Honolulu locations; and Jackie Chan’s in Ala Moana Center, just to name a few.

Smokers were also outraged with the ban, calling it “unreasonable, extreme and dangerous.” As a result, business is down because the “regulars” have stopped going out to bars and restaurants saying they don’t want to be forced to smoke at night on remote street corners or in a dark alleyway.

Though the ban has been in effect for 8 months, some bar and restaurant owners are still openly protesting, saying the law should be amended law as a matter of survival for their businesses.

Last Sunday, July 1, at least two bars across the state welcomed patrons who wanted to protest the new law as a part of the first annual “World Defiance Day.”

Fred Remington, spokesperson for the Hawaii Bars Association and co-owner of O’Toole’s restaurant, along with his partner Bill Comerford, hosted more than 50 people – several who openly smoked cigars and cigarettes.

In Kona, Sam Kekaula, owner of Sam’s Hideaway, did the same, welcoming around 75 people, including other bar and restaurant owners from the area.

They joined more than 1,000 bars and pubs owners and patrons throughout England and more than a dozen other parts of Europe who were protesting the new smoking ban that became law July 1, 2007, in England.

Enthusiasm Spread ‘Like a Bat Out of Hell’

Kawika Crowley, co-founder of Hawaii Smokers Alliance, who helped plan the first annual “Defiance” event with just three days notice to support the “Brits,” says this is literally one of hundreds of “battlefronts” all across the world where thousands of people are protesting.

After receiving calls from England, Denmark and the Big Island, Crowley says: “This thing took off like a bat out of hell.” Protests, where thousands of people attended, were held around the world, he says.

Remington and Comeford, who posted a “World Defiance Day” banner in front of O’Toole’s, say they made a statement without breaking the state law. As required, they posted “no smoking” signs and tell smokers that it is illegal to smoke in the bar, but Remington says the onus is on the individual. “As long as we inform customer they are breaking the law, our okoles are covered.”

Puffing on a cigar, Remington says he is willing to host what will now be an annual event because he doesn’t think the government should tell him how to run his business. “The way the law is set up, I can smoke in jail but not in my own bar. I am a veteran who fought for this country, for freedom, and this law is infringing on my right to choose. I should have the right to smoke in my own bar.”

Kekaula and Comeford agree: “If can sell cigarettes in the bar why can’t the customers and staff light up the cigarettes in the bar?” says Comeford who notes 70 percent of his staff and customer base smoke.

Kekaula says four other bar owners joined him with their customers for the World Defiance Day because they want people to be able to participate in legal activities as they choose. “I just feel like we are all grown ups and know smoking is bad, but we have been smoking for years, and I have a right to use a product that is legal,” Kekaula says.

In addition to costing them their freedom, the ban is costing these bar owners their cold cash, too.

O’Toole’s revenues are down 25 percent, Comerford estimates.

Kekaula’s small neighborhood bar went from $283 a day in revenues to just $50. “It’s the small neighborhood bars that all across the state that won’t survive. And that is our livelihood we are talking about. We pay our mortgage, our utilities with the money from our business, and we put money into the business,” Kekaula says.

In addition, a host of problems have arisen under the new law for all bar and restaurant owners including insurance issues and elevated noise because customers are forced to smoke outside.

Jolyn Tenn, a co-founder of the Hawaii Smokers Alliance, says she documented many of these bars and restaurants going out of business. On behalf of the Alliance, she interviewed 140 bar and restaurant owners last year about the ban, but says several are no longer open. A self-described local Democrat who is “not an activist by nature, she says she was inspired to get involved with the politics of the smoking ban after she met a young man who was laid off because of it and realized after talking to other employees and owners, the economic impact the ban is having.

Call to Smokers – Unite at the Voting Polls

So what to do besides hold a great American smoke out once a year in protest?

A smoker who believes his freedom of choice is violated with the smoking ban, Crowley and members of the Hawaii Smokers Alliance were a lobbying fixture at the last legislative session.

Crowley and Tenn spent every day, an average of 4 to 5 hours a day there, including holidays and weekends.

They were supported by Rep. Colleen Meyer in the House and Sen. Sam Slom in the Senate – both who voted against the smoking ban legislation in the first place – and who support a repeal or revision to the law.

But as the legislation session progressed from January through May, the campaign was relatively successful.

Although the law was not amended, Crowley started with 4 lawmakers and ended up with 36 lawmakers – nearly half of legislature – in the freedom to choose caucus.

“With 20 percent of adults being smokers in Hawaii, we have a powerful voting block. Next year, an election year, we feel if we bring 20,000 or 30,000 petitions to the table, we can make an impact,” Crowley says.

International Coverage of Ban Hits Home

Business also is down for local restaurants and bars because of the smoking ban’s impact on Hawaii tourism.

The smoking ban has made international news – and not in a positive way in places like Japan, where according to JapanGuide.com, “The smoking rate among adult men is almost 50%, while for women it is below 15%.”

Gov. Linda Lingle, who signed the smoking ban legislation into law, acknowledged after returning from a trip to Japan this past June that Japanese tourism has been impacted.

There is a 10.3 percent decrease in Japanese visitors here in May 2007 over May 2006, according to a state Department of Business, Economic Development and Tourism report – part of a continuing trend downward. Convention and corporate meeting business from Japan declined between 28 percent and 57 percent in the first give months of 2007 when compared with the same 5 months in 2006; and Japanese tour groups saw a 17 percent drop during this same period.

Lingle blames the Japanese media for incorrectly reporting the parameters of the ban, saying smoking is illegal throughout Hawaii. (Although the ban is broad requiring smokers be 20 feet or more away from any door or window of any restaurant, bar, office building, or public facility, smokers can still enjoy this legal activity in homes, cars and in public parks and beaches.)

Lingle says she “re-educated” Japanese government officials about the issue in hopes the message will translate to potential visitors.

But Crowley and Tenn say it will take more than “education” to fix the problems caused by the smoking ban.

With several lawmakers on their side, and an election year just months away, they hope those voters who believe in freedom afforded to all American citizens, will become the most powerful voting block that the state has ever seen.

Reach Malia Zimmerman, editor and president of Hawaii Reporter, via email at mailto:Malia@hawaiireporter.com

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