Hawaii State Update
HI: Kawika Crowley for Congress.
I’ve been involved with political issues all my adult life, especially in Hilo. In the last six years I have spent thousands of hours lobbying at the State Capitol in representing The Hawaii Bar Owners Assoc. (Representing over 150 small businesses across the state, and employing thousands). We have been trying to push through legislation that would simply allow smoking exemptions for bars requesting one.
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Hawaii’s homeless candidate for Congress
October 29, 2012
By John D. Sutter, CNN
By John D. Sutter, CNN
Honolulu (CNN) — Kawika Crowley lives, works and runs his U.S. congressional campaign out of a beat-up white minivan that he often parks overnight at a grocery store on Oahu. In the van’s front seat, which is his office, is a homemade shelf for his laptop, a copy of the U.S. Constitution, and a flurry of index cards that are scattered like confetti after New Year’s. On the cards are his ideas and talking points: pro-smoking (in bars, if the owner wants to allow it); anti-taxes; anti-commuter rail; pro-freedom. Each is written in meticulous penmanship, in thick black ink. He’s been preparing for a debate.
In the back of the van, the necessities: a wire to hang his clothes, which are soaked in that sweetly acrid smell of cigar butts left out in the rain; a cooler for food; a jug for water (and another for vodka); and a container for bodily waste. “Only No. 1,” he says. Between it all: his bed, which is a valley-like clearing that starts between the bucket seats in the front and the coolers in the back, with the clothes hanging like mountains to the side.
Crowley calls himself the only homeless candidate for a seat in the U.S. House of Representatives. He’s proud of that — at least, he is now. In a state where most people don’t vote, he’s using the reality-TV-type intrigue the situation creates to his advantage — to try to draw people who never have cared about politics into the process.
I spent a recent afternoon with Crowley, including a detailed tour of his van, which seems to personify his quirky and somewhat likable disdain for the ordinary. I was working on a story about Hawaii’s low rate of voting, the lowest in the country. During my time with him, two thoughts kept fighting for space in my mind: Either this guy is a complete joke, an example of how little power the Republican Party has in this Democrat-controlled state (Crowley is the Republican running against a rising star in the Democratic Party, Tulsi Gabbard, who spoke at that party’s national convention this year); or maybe it takes an over-the-top character like Crowley — sort of the Honey Boo Boo of politicians, super-odd but kind — to make people care about elections again.
At the start of the interview, I certainly thought the former.
I met Crowley and his iconic van in front of the Hawaii Capitol. The location was one of his choosing. I figure he wanted to get a good photo op in front of the oddly modern building, with its pillars that look like palm trees — an architectural reminder that these islands only became a state five decades ago. Before we met, I wondered how I would spot him. When I arrived, however, Crowley’s van — which has a large American flag where an antenna might otherwise be; a placard on top that reads “KAWIKA4CONGRESS.COM”; and dozens of other signs that say things like “Hawaii Smokers! 200,000 strong!” and “DON’T BE A DUMB A**!!! Get Involved! Get Educated! GET SMART!” — was parked up on the curb.
It was impossible to miss. Not that Crowley, a 61-year-old with a Ron Swanson mustache, frizzy ponytail and the build of a bowler, would blend into a crowd, either. He was wearing a loud Hawaiian-print shirt and talking to a security guard (no doubt explaining why he had parked nearly on the Capitol lawn) as I approached.
“Maybe a question would be, ‘What made you decide to run for Congress?’ And then I can go through my little spiel and we can go from there,” he told me, shortly after introductions had been made. It became clear quite quickly that Crowley intended to try to produce every aspect of our interview. He told the videographer I was working with, Edythe McNamee, to get a wide shot of him with the Capitol and palm trees as a backdrop. And then he launched into a story of how he decided to run for office. I can boil that story down to three words: the smoking ban. Hawaii passed one, covering restaurants and bars, in 2006. That’s what got Crowley energized. He founded the Hawaii Smokers Alliance, calling for partial repeal. And, after winning a Republican primary against a better-known candidate, somehow ended up here.
“A lot of lawmakers like to stand out in front of this building and call it the people’s house. Well, I call it the people’s outhouse!” he said. “Because it’s where us Common Joe citizens get crapped upon.” He always speaks in lovably ridiculous soundbites like this.
I let him finish, thinking I was about done with this interview, when he informed me that we quickly would be moving on to location No. 2: the place he usually parks the van during the day. “You can watch me take off my pants and do a little change,” he said, sounding completely serious. “I can take a bath.” He wanted to take us inside his life as a homeless person running a political campaign. I told him removing his pants would not be necessary, but that we’d follow him to the spot. (How could you not be intrigued?)
I followed Crowley and his van — American flag flapping in the wind, arm and cigarette hanging out the window — up a road that winds through Oahu’s misty mountains. Eventually we stopped at a dead end near the top of a hill, by a park. Again, he insisted on the costume change — part of his plan to show the two sides of himself, the would-be politician and the regular guy. “Remember how I said I wear a few hats? Now, I’m going to change into my Average Joe hat,” he said before literally putting on a different style hat, this one a ball cap with an NYPD logo on it, a reminder of 9/11.
“That’s how I’m more comfortable.”
He also compared himself to two other masters of dual identities:
“Was it Batman or Superman who went inside the phone booth?” he asked, referring to Superman’s costume changes in small quarters, much like his. “I do that a lot.”
It was here that I learned more about Crowley’s back story and started to empathize with him a bit. He told me (and a friend of his confirmed by phone) that he was working as a handyman when the recession hit. He ran out of money and had to start living in his van. While he’s taken government handouts in the past, he said, he didn’t want to do that again. Instead of seeking welfare, he decided to live the only way he could afford to.
After temporarily finding a place to stay, at a client’s house where he was doing some repairs, Crowley found himself again without a home. This happened during primary campaign season, he said. He considered dropping out of the race, but decided to trudge on. Instead of letting the media discover he was homeless, he made a point of calling himself the homeless candidate. “I didn’t want it to be used against me,” he said. I started to think there is an earnest, caring person hiding behind Crowley’s icy blue eyes.
If elected, he plans to live in his Washington office and donate half of his salary to the Wounded Warrior Project. He’s gotten used to life in small quarters, and his small-government mindset is outraged by what would be his $174,000 government salary.
I realized at least some other people feel the same when we made our way to the third and final stop on Crowley’s guided tour of his life — a spot where he campaigns along Kamehameha Highway, across from a neon-green golf course and mountains so vertical they look as though they’d been smushed into a ridge by a giant’s hands.
Crowley parked the van and pulled out two wooden campaign signs, one for each direction of traffic. He stood there on the side of the road, cigar in mouth, and gave commuters a thumbs up. This is his primary method of campaigning, he said.
It seemed to work. Every third or fourth driver honked, smiled or waved at Crowley.
“Thank you! Thank you!” he said in return. Not that they could hear him. The most important thing about campaigning at roadside, he told me, is to make eye contact with each passing motorist. Never mind that he was wearing aviator sunglasses.
Meanwhile, despite the fact that Crowley has created media buzz, draws the embrace of commuters, and won — yes, won — the primary election, his opponent, the rising Democratic Party star, did not take up his calls for a debate. Tulsi Gabbard’s spokesman told me no media outlets had approached Gabbard campaign officials about the topic, so they didn’t push for it.
“He’s outspoken and he’s intelligent,” said Sam Slom, the only Republican in the Hawaii state Senate, who supports the idea of a debate. “I give him a lot of credit.”
I’m sure Gabbard has nothing to win by taking the stage with a man who doubtless would have a cigar in his mouth and a half-serious platform. In a recent poll by the news organization Civil Beat, she led Crowley 70% to 18%, with 12% undecided.
Many political observers in Hawaii consider Crowley to be a joke candidate. And in many ways, they are right. At one point during our conversation, he made a bigoted remark about Gabbard’s Hindu religion, saying it doesn’t align with the constitutional foundation of the U.S. government. (Crowley is a Deist, by the way.) But I can’t help thinking that denying Crowley the opportunity to debate is inherently undemocratic. It’s part of the reason Hawaii has checked out of the political process — that it’s the state with the lowest voter turnout rate in the nation. Some nonvoters I met on my trip to three of Hawaii’s islands told me they felt that most political decisions in the state are made by the Democratic Party — and that they don’t vote because there’s no real choice.
By and large, Hawaii is a one-party state. To get people interested in politics again, the islands need to embrace the public discussion of a diversity of opinions — even if those opinions sometimes make people squirm. They should be aired and debated — shot down if needed, but not hidden. And Crowley, in his own quirky way, is trying to do just that.
Attendance Much Lower Than Last Year
April 16, 2011
HONOLULU — A couple hundred supporters of Honolulu’s Tea Party turned out Friday night for what they called a tax revolt at the state capitol. The third annual event fell on the date that federal taxes were due.
Tea Party supporters said they wanted to protest tax increases pending in this year’s legislative session.
Kimberly Fletcher of Hickam wore a costume of Abigail Adams, wife of founding father John Adams.
“The money that is being spent on a lot of the free services that are being given to people (is) unnecessary. There are people given services (who) don’t need those services,” said Fletcher, an Air Force wife who moved to Hawaii in November from Ohio. She is founder and president of the group Homemakers for America and was selling copies of her book, “Women: America’s Last Best Hope.”
Some Tea Party volunteers waved at motorists holding signs that said “Kiss My Tax” and “Big Govzilla Tax Jaws.” Another supporter came dressed as a pig, symbolizing bloated government.
The only Tea Party candidate to be elected on Oahu is Tom Berg, who serves on the non-partisan city council representing Ewa, Kapolei and Waianae.
He said he wants to end reduced prices at city golf courses for senior citizens who pay $4 a round on weekdays compared to regular prices which are $38 a round.
“Subsidizing the game of golf is not a core function, when we have our water-sewer rates sky rocketing, our roads falling apart,” Berg said. He said there should be a flat rate for all residents who use municipal golf courses.
“Equal applicability, that’s what the Tea Party is all about,” Berg said. “If it’s going to cost money to run something, then we shouldn’t raid the general fund to subsidize, because it’s a shell game.”
Mayor Peter Carlisle has proposed raising seniors’ weekday golf rates from $4 to $8 per round.
Attendance at this year’s Tea Party tax day event was markedly smaller than last year which was an election year, when the event brought out candidates and their supporters. A Honolulu Tea Party news release claimed 2,000 people attended the first and second tax day events in 2009 and 2010.
Just 200 people showed up at Friday’s rally.
Human services advocate Alex Santiago said the Tea Party is out of touch.
“I don’t really believe that they understand or maybe even care about the fact that government has a responsibility to those in need,” said Santiago, executive director of PHOCUSED, an umbrella organization for the health and human services sector.
On Thursday, about 400 people attended a PHOCUSED rally protesting cuts in health and human services funding, roughly twice the attendance of Friday’s Tea Party event.
Watch the video
April 16, 2011
HONOLULU — A couple hundred supporters of Honolulu’s Tea Party turned out Friday night for what they called a tax revolt at the state capitol. The third annual event fell on the date that federal taxes were due.
Tea Party supporters said they wanted to protest tax increases pending in this year’s legislative session.
Kimberly Fletcher of Hickam wore a costume of Abigail Adams, wife of founding father John Adams.
“The money that is being spent on a lot of the free services that are being given to people (is) unnecessary. There are people given services (who) don’t need those services,” said Fletcher, an Air Force wife who moved to Hawaii in November from Ohio. She is founder and president of the group Homemakers for America and was selling copies of her book, “Women: America’s Last Best Hope.”
Some Tea Party volunteers waved at motorists holding signs that said “Kiss My Tax” and “Big Govzilla Tax Jaws.” Another supporter came dressed as a pig, symbolizing bloated government.
The only Tea Party candidate to be elected on Oahu is Tom Berg, who serves on the non-partisan city council representing Ewa, Kapolei and Waianae.
He said he wants to end reduced prices at city golf courses for senior citizens who pay $4 a round on weekdays compared to regular prices which are $38 a round.
“Subsidizing the game of golf is not a core function, when we have our water-sewer rates sky rocketing, our roads falling apart,” Berg said. He said there should be a flat rate for all residents who use municipal golf courses.
“Equal applicability, that’s what the Tea Party is all about,” Berg said. “If it’s going to cost money to run something, then we shouldn’t raid the general fund to subsidize, because it’s a shell game.”
Mayor Peter Carlisle has proposed raising seniors’ weekday golf rates from $4 to $8 per round.
Attendance at this year’s Tea Party tax day event was markedly smaller than last year which was an election year, when the event brought out candidates and their supporters. A Honolulu Tea Party news release claimed 2,000 people attended the first and second tax day events in 2009 and 2010.
Just 200 people showed up at Friday’s rally.
Human services advocate Alex Santiago said the Tea Party is out of touch.
“I don’t really believe that they understand or maybe even care about the fact that government has a responsibility to those in need,” said Santiago, executive director of PHOCUSED, an umbrella organization for the health and human services sector.
On Thursday, about 400 people attended a PHOCUSED rally protesting cuts in health and human services funding, roughly twice the attendance of Friday’s Tea Party event.
Watch the video
Tea Party movement protests slew of tax proposals
4/15/2011
Protesters held the 3rd Annual Tea Party tax protest at the state capitol Friday. Similar rallies were held on Maui and the Big Island.
The Honolulu rally was organized by the Honolulu Tea Party which is chaired by former Republican Lt. Governor Candidate Adrienne King.
Participants were upset about the legislature’s plan to raise alcohol and tobacco taxes, strip certain general excise tax exemptions and perhaps the most controversial measure, a bill to tax those earning pensions.
“First the legislature deliberately defended the government pension system every year,” King said. “They didn’t put the money in, now we’re one of the highest unfunded pension systems in the country. What are they going do about that? Raise taxes on everybody?”
“I don’t like the direction my country is going so i want to join my other patriots and stand up for my country,” said Kawika Crowley.
“This is about bringing all persuasions together for a common cause, to bring government to us, so that it’s typical in nature,” said Rep. Tom Berg. “That’s the movement that at the end of the day we’re all Americans.”
Social services advocate Alex Santiago say lawmakers are cutting programs but the Tea Party leaders say what they want is to see state and county governments become less wasteful.
4/15/2011
Protesters held the 3rd Annual Tea Party tax protest at the state capitol Friday. Similar rallies were held on Maui and the Big Island.
The Honolulu rally was organized by the Honolulu Tea Party which is chaired by former Republican Lt. Governor Candidate Adrienne King.
Participants were upset about the legislature’s plan to raise alcohol and tobacco taxes, strip certain general excise tax exemptions and perhaps the most controversial measure, a bill to tax those earning pensions.
“First the legislature deliberately defended the government pension system every year,” King said. “They didn’t put the money in, now we’re one of the highest unfunded pension systems in the country. What are they going do about that? Raise taxes on everybody?”
“I don’t like the direction my country is going so i want to join my other patriots and stand up for my country,” said Kawika Crowley.
“This is about bringing all persuasions together for a common cause, to bring government to us, so that it’s typical in nature,” said Rep. Tom Berg. “That’s the movement that at the end of the day we’re all Americans.”
Social services advocate Alex Santiago say lawmakers are cutting programs but the Tea Party leaders say what they want is to see state and county governments become less wasteful.
Hawaii Faces Fight Over Tobacco Tax Increase Proposal
Honolulu, Hawaii? March 29, 2011– A controversial proposal to increase certain tobacco taxes in Hawaii is running headlong against individual constituent interests, says the International Premium Cigar and Pipe Retailers Association.
Hawaii House Bill 273 proposes to change the excise tax on all tobacco products, other than cigarettes, from 70 percent of the wholesale price to $3.20 for each article or item of tobacco product, other than a large cigar.? A minimum tax rate of $3.20 is proposed per package of five cigars, adjusted accordingly for packages of less than or more than five and provided that no cigar with a wholesale price less than $1 shall be sold in packages of fewer than five.
“This convoluted bill is as confusing as the rationale behind it,” said Chris McCalla, legislative director of the IPCPR.? “It has been proven in other states that increased taxes on tobacco products results in lower sales of those products and, consequently, lower tax revenues from those products.”
McCalla added that higher taxes on tobacco products also results in lost jobs and damaged businesses.
“When sales plummet, salespeople are let go and, eventually, businesses fail,” McCalla said. “These are not times when we can sacrifice jobs, income and taxes instead of doing whatever we can to create new jobs, stimulate revenues and support small businesses.”
McCalla explained that those customers who remain after the tax increases go into effect likely will resort to out-of-state mail-order or bootlegged cigars.
“The result will be a significant loss of sales and excise tax revenues to the state, job losses and the closing of businesses across the state.? Is this what Hawaii needs today?”? McCalla asked.
“Government should not be taxing out of business those businesses that have every right to exist.? What other businesses and products have survived after absorbing such exorbitant tax increases? None. There are better ways to prevent children from using non-cigarette tobacco products, ways that don’t end up destroying jobs, families and communities,” said McCalla.
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Contact:
Tony Tortorici
678/493-0313
tony@tortoricipr.com
Honolulu, Hawaii? March 29, 2011– A controversial proposal to increase certain tobacco taxes in Hawaii is running headlong against individual constituent interests, says the International Premium Cigar and Pipe Retailers Association.
Hawaii House Bill 273 proposes to change the excise tax on all tobacco products, other than cigarettes, from 70 percent of the wholesale price to $3.20 for each article or item of tobacco product, other than a large cigar.? A minimum tax rate of $3.20 is proposed per package of five cigars, adjusted accordingly for packages of less than or more than five and provided that no cigar with a wholesale price less than $1 shall be sold in packages of fewer than five.
“This convoluted bill is as confusing as the rationale behind it,” said Chris McCalla, legislative director of the IPCPR.? “It has been proven in other states that increased taxes on tobacco products results in lower sales of those products and, consequently, lower tax revenues from those products.”
McCalla added that higher taxes on tobacco products also results in lost jobs and damaged businesses.
“When sales plummet, salespeople are let go and, eventually, businesses fail,” McCalla said. “These are not times when we can sacrifice jobs, income and taxes instead of doing whatever we can to create new jobs, stimulate revenues and support small businesses.”
McCalla explained that those customers who remain after the tax increases go into effect likely will resort to out-of-state mail-order or bootlegged cigars.
“The result will be a significant loss of sales and excise tax revenues to the state, job losses and the closing of businesses across the state.? Is this what Hawaii needs today?”? McCalla asked.
“Government should not be taxing out of business those businesses that have every right to exist.? What other businesses and products have survived after absorbing such exorbitant tax increases? None. There are better ways to prevent children from using non-cigarette tobacco products, ways that don’t end up destroying jobs, families and communities,” said McCalla.
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Contact:
Tony Tortorici
678/493-0313
tony@tortoricipr.com
Bill would allow drinkers to light up
February 7, 2011
Pacific Business News – by Curtis Lum
There’s a move afoot at the state Legislature to allow smoking in most drinking establishments.
SB708 would create a “smoking establishment permit” that would allow patrons of bars, cabarets and private clubs to legally smoke. There are bar owners who ignore the state’s smoking ban and risk fines and penalties, but this bill would give them the right to let their customers puff away — for a price.
The cost of a permit runs from $1,000 to $3,000 and money generated would go into the state’s general fund. The bill would continue to ban smoking in restaurants with bars.
Sen. Mike Gabbard, D-Kapolei-Waikele, who introduced the measure, said he started smoking in the third grade, but quit when he was 21. He said he doesn’t like being around smokers, but said he believes customers should have the freedom to smoke while enjoying a beverage.
“It seems reasonable that if the smoking establishments put signs up to notify people, then the nonsmokers will be informed and they can decide whether they want to go in our not,” he said.
Gabbard introduced the bill at the request of the Hawaii Smokers Alliance. He said the alliance estimates that 400 bars would qualify for a permit and that 125 would actually apply for one.
This would generate about $250,000 for the state each year, he said.
There have been attempts by the Legislature to amend the state smoking ban with little success. How far this bill will go, even Gabbard couldn’t guess.
“I have no idea how it’s going to go,” he said.
Anyone who wants to offer an opinion on the bill will have an opportunity at a hearing before the Senate committees on Health and Public Safety, Government Operations and Military Affairs at 2:45 p.m. Tuesday in Room 224 of the State Capitol.
February 7, 2011
Pacific Business News – by Curtis Lum
There’s a move afoot at the state Legislature to allow smoking in most drinking establishments.
SB708 would create a “smoking establishment permit” that would allow patrons of bars, cabarets and private clubs to legally smoke. There are bar owners who ignore the state’s smoking ban and risk fines and penalties, but this bill would give them the right to let their customers puff away — for a price.
The cost of a permit runs from $1,000 to $3,000 and money generated would go into the state’s general fund. The bill would continue to ban smoking in restaurants with bars.
Sen. Mike Gabbard, D-Kapolei-Waikele, who introduced the measure, said he started smoking in the third grade, but quit when he was 21. He said he doesn’t like being around smokers, but said he believes customers should have the freedom to smoke while enjoying a beverage.
“It seems reasonable that if the smoking establishments put signs up to notify people, then the nonsmokers will be informed and they can decide whether they want to go in our not,” he said.
Gabbard introduced the bill at the request of the Hawaii Smokers Alliance. He said the alliance estimates that 400 bars would qualify for a permit and that 125 would actually apply for one.
This would generate about $250,000 for the state each year, he said.
There have been attempts by the Legislature to amend the state smoking ban with little success. How far this bill will go, even Gabbard couldn’t guess.
“I have no idea how it’s going to go,” he said.
Anyone who wants to offer an opinion on the bill will have an opportunity at a hearing before the Senate committees on Health and Public Safety, Government Operations and Military Affairs at 2:45 p.m. Tuesday in Room 224 of the State Capitol.
Bars serving Hawaii smokers despite ban
Mar 03, 2010
By Tim Sakahara
HONOLULU (HawaiiNewsNow) – With a cigar smoldering and the smoke wafting throughout, O’Toole’s Irish Pub doesn’t hide the fact it serves smokers.
“I’m okay with that. I’m not proud of it. I’m just okay with it. It’s an economic reality,” said Bill Comerford, President of E&J; Lounge Operating Co. which runs O’Toole’s, Kelley O’Neil’s and the Irish Rose Saloon.
Three years ago the state passed the no smoking bill prohibiting smoking indoors and within 20 feet of an entrance. Yet Comerford allows smoking at all three of his bars because he says it’s up to police to enforce the law, not him.
“I can’t make an income without customers so it’s not my business to throw customers out of my bar,” said Comerford.
Comerford says he’s still in compliance with law because he’s placed the no smoking signs and stickers throughout his establishments and his employees advise the customers there is no smoking. But he also provides customers with an ash tray. So doesn’t that send a mixed message?
“It may be sending a mixed message but I have a responsibility. I’m sure if the fire department came in and someone had a cigarette they would expect to have an ashtray,” said Comerford.
“That would go further in the area of intent as to encourage people to smoke,” said Julian Lipsher, Program Coordinator for the Tobacco Prevention & Education Program with the State Department of Health.
Lipsher says the law was meant to be self-enforcing and the majority of the 400 bars on Oahu do comply.
“For the most part people understand and comply with the law and its some creative interpretation of it that will need to be resolved,” said Lipsher.
Since the law was passed only one ticket has been given to a smoker walking into a bar with a cigarette, but Lipsher expects changes soon that would give Department of Health employees the authority to ticket violators.
“When the administrative rules have been approved, and that should be shortly, there very well could be fines handed out,” said Lipsher. “And that should solve the issue.”
But it won’t snuff the debate about the smoking law.
“Clearly it’s a good law,” said Lipsher.
“It’s a bad law. it’s a really bad law,” said Comerford. “Am I willing to fight this? Within reason, I don’t intend to break the law, it’s not my intent, my intent is to operate a business and that’s all my intent is.”
Bars face a $100 fine for violating the no smoking law. The second offense is $200 and the third is $500. But it’s difficult to catch them. An officer must prove the bar employee is not advising customers about the no smoking law, which would mean they officer would have to sit and observe employees in the bar. Some may argue hanging out in a bar may not be the best use of a police officer’s time.
– Hawaii News Now
Mar 03, 2010
By Tim Sakahara
HONOLULU (HawaiiNewsNow) – With a cigar smoldering and the smoke wafting throughout, O’Toole’s Irish Pub doesn’t hide the fact it serves smokers.
“I’m okay with that. I’m not proud of it. I’m just okay with it. It’s an economic reality,” said Bill Comerford, President of E&J; Lounge Operating Co. which runs O’Toole’s, Kelley O’Neil’s and the Irish Rose Saloon.
Three years ago the state passed the no smoking bill prohibiting smoking indoors and within 20 feet of an entrance. Yet Comerford allows smoking at all three of his bars because he says it’s up to police to enforce the law, not him.
“I can’t make an income without customers so it’s not my business to throw customers out of my bar,” said Comerford.
Comerford says he’s still in compliance with law because he’s placed the no smoking signs and stickers throughout his establishments and his employees advise the customers there is no smoking. But he also provides customers with an ash tray. So doesn’t that send a mixed message?
“It may be sending a mixed message but I have a responsibility. I’m sure if the fire department came in and someone had a cigarette they would expect to have an ashtray,” said Comerford.
“That would go further in the area of intent as to encourage people to smoke,” said Julian Lipsher, Program Coordinator for the Tobacco Prevention & Education Program with the State Department of Health.
Lipsher says the law was meant to be self-enforcing and the majority of the 400 bars on Oahu do comply.
“For the most part people understand and comply with the law and its some creative interpretation of it that will need to be resolved,” said Lipsher.
Since the law was passed only one ticket has been given to a smoker walking into a bar with a cigarette, but Lipsher expects changes soon that would give Department of Health employees the authority to ticket violators.
“When the administrative rules have been approved, and that should be shortly, there very well could be fines handed out,” said Lipsher. “And that should solve the issue.”
But it won’t snuff the debate about the smoking law.
“Clearly it’s a good law,” said Lipsher.
“It’s a bad law. it’s a really bad law,” said Comerford. “Am I willing to fight this? Within reason, I don’t intend to break the law, it’s not my intent, my intent is to operate a business and that’s all my intent is.”
Bars face a $100 fine for violating the no smoking law. The second offense is $200 and the third is $500. But it’s difficult to catch them. An officer must prove the bar employee is not advising customers about the no smoking law, which would mean they officer would have to sit and observe employees in the bar. Some may argue hanging out in a bar may not be the best use of a police officer’s time.
– Hawaii News Now
Department of Health debacle
February, 2010
The Hawaii Smokers Alliance is very pleased by the admission of the State Department of Health that “there is no evidence that partially enclosed restaurants/bars had any dangerous level of particulate matter either before or after the law”.? Also that an enclosed bar with its doors open had lower PM levels than a partially enclosed bar near and intersection.? What is extremely astonishing to us all are two main factors:
Read More: Hawaii Smokers Alliance
February, 2010
The Hawaii Smokers Alliance is very pleased by the admission of the State Department of Health that “there is no evidence that partially enclosed restaurants/bars had any dangerous level of particulate matter either before or after the law”.? Also that an enclosed bar with its doors open had lower PM levels than a partially enclosed bar near and intersection.? What is extremely astonishing to us all are two main factors:
Read More: Hawaii Smokers Alliance
Pending legislation
This is where the rubber meets the road friends. Since the anti-smoking group bullies are about as convincing as a rotten coconut to most smokers and small business owners the anti-smoking lobby instead continuously trys to force their social engineering agenda via legislation. This is why our side of the issue must be very proactive in this area.
There are several bills that deal with the smoking issue.
Smokers uniting to fight taxes, bans
Jun 29, 2009
By Kawika Crowley and Jolynn Tenn
By Kawika Crowley and Jolynn Tenn
We have just completed our third year in beseeching lawmakers to strongly consider implementing smoking exemptions for bars requesting one. It was a very successful session, as more and more lawmakers are realizing that the mantra of “Smoking Bans Are Good For Business” was just that — a mantra. It is critical to note that after years of steady increases in growth (except for 9/11), the first drop in Japanese tourist numbers occurred in January 2007, just a month after the start of our smoking ban. This was the catalyst that began Hawaii’s march off the economic cliff and the resulting bankruptcies and unemployment hikes. By the way, 12 states allow reasonable smoking exemptions for bars. Pennsylvania granted 1,700 exemptions last November. Reasonable exemptions for bars is all we have been asking for.
Our grassroots efforts to educate our lawmakers one “drop off” at a time, revealed the remarkable ability of our opposition in the field of the culinary arts. Specifically notable was their skill of cooking up numbers, stats and percentages. It’s uncanny that somehow they can always show pieces of “data” that only seem to fit their personal agendas. The raw numbers actually show and clarify the bigger picture.
Total health-care costs in America are over $2.2 trillion dollars per year and rising. Of that, costs attributed to alcohol are $175 billion, tobacco at $137 billion and $115 billion for illicit or prescription drugs. Health-care costs for chronic diseases such as heart disease, diabetes and cancer account for as much as $1.4 trillion. At the very least, 40 percent of that figure is attributed to being overweight or obese. Do the math.
So we smokers, who are responsible for less than 10 percent of all health-care costs, get taxed out of our minds and shoved out of bars to boot. The recent federal tax hike increased “non-cigarette” tobacco by a Draconian 2,200 percent! Lawmakers pass unjust laws for one reason. They do not fear a particular voting bloc. For the first time in world history the smoker voting bloc unveiled itself right here in Hawaii, critically impacting what turned out to be the third-closest race in last year’s primaries (Alex Sonson vs. Clarence Nishihara in Senate District 18). We campaigned for Sonson, who was a big supporter of small business and exemptions.
Smokers and bar owners are angry. We have had enough and we will vote in unity. Taxation for the purpose of social engineering should be called extortion. It seems the editorial staff of the “new and improved” Star Bulletin has taken their eyes off the ball in defending even more increases in tobacco taxes. The hundreds of millions of dollars our state already collects in tobacco taxes are obscene and ill-spent.
Smokers and bar owners are angry. We have had enough and we will vote in unity. Taxation for the purpose of social engineering should be called extortion. It seems the editorial staff of the “new and improved” Star Bulletin has taken their eyes off the ball in defending even more increases in tobacco taxes. The hundreds of millions of dollars our state already collects in tobacco taxes are obscene and ill-spent.
The Tea Party movement began in February when Congress enacted the SCHIP bill, grotesquely raising tobacco taxes to help pay for health care. As a protest, tens of thousands of smokers sent real or virtual tea bags to those on Capitol Hill just to let them know that we have had it. The movement has grown exponentially and now has incorporated millions who share the exact same core values of fighting excessive taxation and governmental intrusion. There are 40,000 registered smoker voters in Hawaii, and 15 million strong across the nation. We are slowly waking up and uniting. You can bet these uncooked numbers will really stir up some delicious damage to those of the status-quo mindset in many elections to come.
This commentary is by Kawika Crowley and Jolynn Tenn, the Hawaii Smokers Alliance and Hawaii Bar Owners Association.
IPCPR Says Hawaiians Should “`Onipa`a” Against HB895
Honolulu, Hawaii March 31, 2009 – ‘Onipa’a – stand fast – against HB895 is the advice given to all Hawaiians by the International Premium Cigar & Pipe Retailers Association as it joins the fight against what it calls ‘crippling new state taxes’ proposed against premium cigars and other non-cigarette tobacco products.
The amended HB895, which was originally passed by the Hawaii House, is currently scheduled for review by the Senate’s Ways and Means Committee at 9:30a.m. on Thursday, April 2. The bill proposes to more than double the tax on wholesale prices of premium, handmade cigars and other non-cigarette tobacco products beginning on September 20, 2009 at 85 percent, up from the current tax rate of 40 percent.?? The rate would then increase to 95 percent in 2010 and to 105 percent on in 2011.
In addition, new federal excise taxes are adding up to $10 per carton of cigarettes and up to 2,500 percent increases in taxes on other tobacco products including up to 40 cents per premium cigar beginning in April, 2009.
“Our membership includes thousands of tobacconists and manufacturers of premium cigars. Virtually all of them are small business owners like Les Drent of the Kauai Cigar Company whose businesses will be devastated by these taxes,” said Chris McCalla, IPCPR’s legislative director, who submitted his written testimony to the Committee.
McCalla explained that those customers who remain after the tax increases go into effect likely will resort to out-of-state mail-order or bootlegged cigars.
“The result will be a significant loss of sales and excise tax revenues to the state, job losses and the closing of businesses across the state. Is this what Hawaii needs today?” McCalla asked.
In what he believes is a life-and-death struggle to save his family owned business, Drent is urging all Hawaiians to sign the petition located on his website at www.kauaicigar.com. The petition says, in part, that such increases in taxes “would not only irreparably harm island merchants currently selling cigars, but it would negatively impact local agriculture that produce island grown cigars and would erase all tax revenue generated by the wholesale tobacco tax in Hawaii.”
“Government should not be taxing out of business those businesses like ours that have every right to exist. What other businesses and products have survived after absorbing such exorbitant tax increases? None.? There are better ways to prevent children from using non-cigarette tobacco products, ways that don’t end up destroying jobs, families and communities,” said Drent.
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Contact:
Tony Tortorici
678/493-0313
tony@tortoricipr.com
Smoking bans fail in Hawaii Legislature
Mar 10, 2009
Proposed bans on slim cigarettes and smoking on Waikiki Beach have faltered in the state Legislature.
The bills were approved by health committees, but then they lost momentum and were not heard before legislative deadlines for non-budgetary measures.
Because all non-budget bills must pass their originating chamber by Thursday, these measures don’t have a chance since they didn’t even get out of committee.
The idea of cracking down on slim cigarettes was motivated by health advocates who said the small, pink and teal packs were marketed toward teenage girls.
Another dead bill had sought to reduce litter on Waikiki Beach by forcing smokers to move to the nearest sidewalk, street or private property that allows smoking.
http://www.starbulletin.com/news/breaking/41036324.html
Mar 10, 2009
Proposed bans on slim cigarettes and smoking on Waikiki Beach have faltered in the state Legislature.
The bills were approved by health committees, but then they lost momentum and were not heard before legislative deadlines for non-budgetary measures.
Because all non-budget bills must pass their originating chamber by Thursday, these measures don’t have a chance since they didn’t even get out of committee.
The idea of cracking down on slim cigarettes was motivated by health advocates who said the small, pink and teal packs were marketed toward teenage girls.
Another dead bill had sought to reduce litter on Waikiki Beach by forcing smokers to move to the nearest sidewalk, street or private property that allows smoking.
http://www.starbulletin.com/news/breaking/41036324.html
Press Release
February, 2009
Hawaii Bar Owners Assoc. / Hawaii Smokers Alliance
Read:? http://www.smokersclub.com/pdf/press_release_waikiki.pdf
February, 2009
Hawaii Bar Owners Assoc. / Hawaii Smokers Alliance
Read:? http://www.smokersclub.com/pdf/press_release_waikiki.pdf
?Hawaii smokers light up as law goes unenforced
November 7, 2008
Two years after it took effect, Hawaii’s anti-smoking law is going unenforced.
While most business owners, employers and smokers voluntarily comply with the law, which banned smoking in nearly every workplace, business and building, the state is still writing the administrative rules that would give the state Department of Health the authority to cite and fine offenders.
To date, only one Honolulu woman has been cited by police for smoking in a bar and was fined $25.
A small contingent of bar and lounge owners have remained defiant by continuing to allow smoking, establishing safe havens where smokers can light up in peace.
Smokers’ advocates say there are about 100 Hawaii bars continue to allow smoking to some degree within their establishments while at least a dozen bars defy the law outright.
“I am complying with the law if we post signs and we inform our customers of what the law is, which is exactly what we do,” said Bill Comerford, co-owner of E&J; Lounge Operating Co., which runs O’Toole’s Irish Pub, Kelley O’Neil’s and the Irish Rose Saloon in Honolulu. “If they smoke in our bars, they made that choice and it’s not for me as a business owner to cite them.”
Comerford and business partner Fred Remington helped establish the Hawaii Bar Owners Association last year to fight the law, which they consider unconstitutional. Since then, the group has organized rallies and lobbied for a change to the law to give bars and nightclubs an exemption.
“In actuality, they’re not really defying the law and I like to call it defiant compliance because they are obeying all of the rules; however the onus is on the customer,” said Kawika Crowley, co-chairman of the Hawaii Smokers Alliance and Americans for Freedom of Choice, two pro-smoking advocacy groups. “We lobbied hard and all we’re asking is to let the free market to decide, let the bar owners and patrons decide whether they want to be a smoking place or a nonsmoking place. That’s the way it should be and that’s the way it’s going now.”
Only police officers and the state Attorney General’s Office have the authority to cite offenders.
The state Health Department said it has received 926 complaints about people smoking or businesses allowing smoking. The department sends the business owners warning letters or so-called notices of violations, which describe the law and tells them what they need to do to comply.
Comerford said he has received “hundreds of letters” from the department.
The department recently received approval from the state’s Small Business Regulatory Review Board to conduct public hearings and gather comments on the rules. The hearings could take place within the next few months, said Julian Lipsher, director of the state Department of Health’s Tobacco Prevention and Education Program.
But the department still has to jump through a number of other bureaucratic hoops, between more reviews from the board and the governor, before getting its enforcement authority.
Despite the long process, Lipsher insists that the law was never intended to ban smoking outright or to be aggressively enforced.
“We knew going into this that there would be widespread community and business support … and the biggest change would be to the bar community,” he said. “Change is difficult but we wanted to try to affect the largest degree of compliance right at the beginning and this is about public norms, not running around handing out tickets and fining people.”
But Maui Sen. Roz Baker, D-Kapalua-Makena, who introduced the bill resulting in the anti-smoking law, said more needs to be done to enforce it.
“I would’ve hoped that we would have help from either the attorney general or law enforcement to be more aggressive because [the bar owners] are clearly flouting the law so it’s time for us to make it clear that this is not going to be tolerated,” she said.
“Maybe it is time to get some of the folks at organizations like the Coalition for a Tobacco Free Hawaii to do passionate peaceful picketing to make it uncomfortable for these guys. The law is on the books, it’s time to step it up because this is a good public-health policy and we need to have compliance.”
The Hawaii Smoke-Free Law took effect in November 2006 and is one of the strictest anti-smoking laws in the country. It was designed to protect employees and the public from exposure to secondhand smoke.
It bans smoking in all places of employment and in establishments where food and alcohol are served. It also bans smoking within 20 feet of doorways and within any enclosed public area.
Business owners and property managers can face a $100 fine for the first violation, $200 for the second violation within one year and $500 for each additional violation within one year.
Pro-smoking campaign gains power against Goliath
July 31, 2008
By David Kawika Crowley and Jolyn Tenn
By David Kawika Crowley and Jolyn Tenn
In recent months it has been reported that Hawaii visitor arrivals have fallen 7 to 10 percent during the last year alone. This translates into hundreds of millions of dollars in lost revenue for the state, affecting every one of us in some way.
In December 2006, less than one month after the Hawaii’s smoking ban went into effect, we predicted that tourism numbers would dramatically drop, especially from the Japan market. Gov. Linda Lingle and her administration, as well as many lawmakers laughed at us. They chose instead to believe the anti-smoking fanatics and their mantra, “the smoking ban will be good for our economy.”
In January 2007, just one month later, the slide began, way before today’s convenient excuses of airline closures, fuel charges, mortgage meltdowns, exploding gas prices and the plummeting dollar, just to name a few. Sadly, we are now nearing the 24th month of consecutive decline in Japan numbers. Isn’t it odd that Japan outbound tourism is up more than 5 percent? They’re going somewhere. Hello! The painting rosy of a bad picture by the Hawaii Tourism Authority is laughable. Do we look that stupid? It’s like spray painting a pile of poo with pink paint hoping nobody recognizes what it really is.
Lawmakers will pay for ignoring our efforts this last session. All we asked for was a reasonable compromise, allowing for exemptions for bars that request one (with fees for the exemption license going towards a statewide organ donor awareness campaign). Lawmakers pass unjust laws for one reason … they do not fear a particular voting block. That will soon change.
Our Web sites now feature “The Red List,” showing every lawmaker and how each stood on this issue of freedom of choice. A thumbs-up or a thumbs-down emblem is next to every picture. Smoker voters can now have the last say; they will vote with appreciation or with vengeance. The sleeping smoking giant is finally awakening.
At the beginning of our campaign two years ago, we were the laughingstock of the Capitol. Our opposition brushed us off publicly as nothing but a handful of scofflaws. Today, the Hawaii movement has become a story in USA Today, CNN and the BBC, just to name a few. Every day across the nation, bars are joining the national resistance in “defiant-compliance” against smoking bans. Much mahalos to the more than three dozen lawmakers who have supported our cause. And to our Goliath opposition … never ever under estimate the power of many little Davids … poke eye.
The Second Annual
World Defiance Day
March on the Capitol.
July 1, 2008 with a celebration to follow.
The Red List
Who to vote out in November
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Mike McConnell’s popular WLW radio show featured one of our strongest free choice activists, Hawaii’s Dave Crowley, for the first ten minutes of his show in preparation for “World Defiance Day 2!”
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The bar owners in Hawaii are furious at the losses in tourism that have resulted from Hawaii’s ban.? Hawaii is very dependent on Japanese tourism for the success of its hospitality industry and even for its general economy.? Japanese outgoing tourism is up by 5% at the same time that Hawaii’s incoming Japanese tourism is down by 7%.?
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The Hawaiian ban is not only hurting bars and restaurants, not only hurting hospitality workers and smokers, but is taking a sharp stab into the lives and livelihoods of ALL Hawaiians as their economy is battered despite the climate friendly conditions for outdoor smoking.? The Hawaii Smokers Alliance has said “ENOUGH!” and is mobilizing to sweep the pro-ban politicians out of office in November.? They had worked hard for over a year building legislative support to defeat their ban only to have the vote denied by a controlling subgroup of Antismokers at the top of the legislative ladder.? They are ANGRY!
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What’s made Hawaii different?? Why? has Hawaii stood up and made a stink while so many other states have simply rolled over and surrendered???? A lot of the credit goes to a few dedicated free choice activists who have put in hundreds of hours educating bar owners, staff, and legislators about the lies behind the ban and the reality of being able to fight it.? Mike McConnell’s excellent interview with Dave Crowley offers the voice of one of those activists and you’ll feel his energy come across louder than a Hawaiian volcano as he rolls the Hawaiians into World Day of Defiance 2!
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You can listen to the podcast (Mainly the first ten minutes or so, though at the 15 minute point and some after he’s got some good call-in action!) at:
?
Listen
It may take a minute or so to downstream to your computer so be patient!
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Michael J. McFadden
Author of “Dissecting Antismokers’ Brains”
ALSO:
The KHON TV2-FOX news video.
http://www.khon2.com/news/local/24058494.html
Smokers protest state restrictions
Motorcyclists, gun enthusiasts join in rally in front of state Capitol
July 7, 2008
By Suzanne Roig
As the nation yesterday wound down celebrations recognizing hard-fought freedoms, a group of smokers, gun owners and motorcyclists exercised a constitutional right in front of the state Capitol, waving flags, signs and banners in opposition to the state’s ban on smoking.
“It’s a question of freedom of choice,” said Marty Hill, a bar owner who flew in from the Big Island to join the protest. “We think it’s a bar owner’s right to choose to be either a nonsmoking or smoking establishment.”
A group of about 20 people, from 1 to 3 p.m., protested the nearly 2-year-old old law that bans smoking in businesses, including bars and restaurants — even open-air restaurants — and requires smokers to be at least 20 feet from any public building before lighting up. The law is among the toughest in the nation and was pushed by Hawai’i anti-smoking groups for nearly two decades before it passed — touted as a way to protect people from secondhand smoke.
To comply with the law, Hill posted signs around his Kailua, Kona, bar reminding smokers that the law prohibits smoking in public places, “but if they choose to smoke, here’s an ashtray.”
State Sen. Roz Baker, D-5th District (South and West Maui), who was the lead sponsor of the bill banning smoking, said that while the protesters had a right to assemble, there is nothing written in the Constitution guaranteeing a person the right to smoke.
“It’s a public health issue, not a civil rights issue,” Baker said. “There’s nothing written in the Constitution that says you can harm your workers’ health. I’ve had so many workers say to me how much they appreciate the fact that they don’t have to go home smelling of smoke. I’m glad to talk about this issue anytime.”
Jolyn Tenn, of Hawaii Smokers Alliance, held a broom yesterday to illustrate her desire to sweep out lawmakers who voted in favor of the ban. She said the gun enthusiasts and motorcyclists asked to join the protest rally because they feel that helmets, gun laws and smoking bans all impede rights guaranteed in the Constitution.
“At a pub or at the state Capitol, it should be up to the business owner to decide what the policy will be on smoking in his or her own establishment,” Tenn said. “The law is discriminatory.”
Rick Davis arrived on his sidecar motorcycle in front of the Capitol with about five other cyclist, all wanting to support the smokers.
“I’m a nonsmoker,” said Davis, a member of the Worldwide Motorcycle Club. “They have the right to smoke when there’s adequate ventilation. I’m a gun enthusiast, and I feel the gun laws in Hawai’i are terrible. The laws impinge on our Second Amendment” rights.
Bill Comerford, Hawai’i Bar Association spokesman, held signs at the protest saying “Let the Owner Decide.”
“People should be able to smoke a legal substance in a public or private space,” Comerford said. “A lot of bars have lost business because you have to comply with the law.”
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When will smokers be welcome back?
June 5, 2008
I used to be a regular visitor to Hawaii. That stopped two years ago on my last visit with my family where we were introduced to the islands’ no smoking policy. It actually never occurred to us to even check, we thought Hawaii with their open restaurants and need for visitors would never implement a no-smoking policy.
I am writing this from Dallas, Texas, where I had dinner last night in a smoking restaurant. Last week I was in Virginia, where I also had dinner in a smoking section of the restaurant. Both states have establishments that prohibit smoking. That is fine with me, everyone gets a choice. Those who do not want to be exposed to smoke do not have to. But those who choose to smoke can.
Please consider voting out those who have taken away the rights of your business owners. And if you do, let us smokers know. We will come back!
Robert Deitz
Placerville, Calif.
June 5, 2008
I used to be a regular visitor to Hawaii. That stopped two years ago on my last visit with my family where we were introduced to the islands’ no smoking policy. It actually never occurred to us to even check, we thought Hawaii with their open restaurants and need for visitors would never implement a no-smoking policy.
I am writing this from Dallas, Texas, where I had dinner last night in a smoking restaurant. Last week I was in Virginia, where I also had dinner in a smoking section of the restaurant. Both states have establishments that prohibit smoking. That is fine with me, everyone gets a choice. Those who do not want to be exposed to smoke do not have to. But those who choose to smoke can.
Please consider voting out those who have taken away the rights of your business owners. And if you do, let us smokers know. We will come back!
Robert Deitz
Placerville, Calif.
Hawaii Bombshell!!!
April 23, 2008
By Jolyn Tenn of the HawaiiSmokersAlliance.com
By Jolyn Tenn of the HawaiiSmokersAlliance.com
Is this round 3 or round 4? I seem to have lost track. Just like a beleaguered boxer who appears to have taken a heavy plummeting, feeling disoriented and off-balance, I should have seen this coming. In a true champion like fashion, the warrior rises, the fog clears, the goal is in sight, and ladies and gentlemen LETS GET READY TO RUMBLEII!!!
Sometimes life can be so sweet! April 16, 2008 proved to be one of those days. To see a couple of guys who are not used to being grilled and drilled, getting completely flambeed… Priceless! Warriors across the nation!!! Do not lose hope, we are far from over in this battle between their personal preferences (the anti’s) and our inherent Rights as citizens of this great country.
If there were church bells available to me, I’d be ringing them loud and proud. Fortunately, these days we have the internet…a brilliant invention that can keep us all connected and help unite us all in our efforts to drag some semblance of sanity back to our world. Wednesday at 10:30 am, we attended a meeting held by the Business Regulatory Board, here in Honolulu. Our goal was to try and stall the passage of the Administrative Protection Act regulatory rules. The bombshell that took our opposition completely by surprise? We, the small group of warriors were victorious! To watch these fools, Julian Lipsher (Department of Health) and George Massengale (Coalition for a Tobacco Free Hawaii) slack-jawed, fumbling with their wristwatches, and completely in dismay…the fact that this board was actually asking pertinent, tough questions and demanding answers was inconceivable to them. Our legislators never ask these kinds of questions. AND if they should so happen to misstep and ask something that our opposition doesn’t want to answer, the legislators are not savvy enough to know that they have just been completely ignored. These two people walked in expecting a slam dunk, and they got tarred and feathered instead. Against overwhelming odds, David put out Goliath’s eye, Big Time!
You see, there are many steps in the process of being able to enforce a new statewide law. These steps fall under the APA as previously mentioned. These steps include an economic impact study, small business board review hearing, and public hearings to name a few. Our case for delay was based on several factors. I handled the economic impact sham-study that was commissioned by our Department of Health, through Roswell Cancer Institute, done by a Dr. Andrew Hyland. This fraud of a study did not include data from the liquor industry, however they tried to hide that fact by listing a blanket “restaurants & drinking places” category… These businesses haven’t allowed smoking since 2003, so this new law, had absolutely no effect, as predicted. Thankfully, one of the board review members agreed that this impact study was incomplete and should be revised to incorporate data that this new law is now affecting. The board was also shocked to discover that we had an across the board 8% loss of gross sales in the liquor industry, as they, like everyone else in this state, were under the impression that? there has been no negative economic impact because of the law. Cherry picking of data aside, the point was presented, and this board of businessmen and women understood. They agreed to defer a decision on passing the procedural portion of the interpretation of this law.
Michael Zehner had the task of discrediting the Department of Health and the Attorney Generals office. He did a wonderful job, showing the duplicity of these government factions. The DOH has been overstepping their authority from the onset, telling people they have to remove ashtrays and enforce the law, etc. . The AG office has been going around town and trying to get employees and or owners to sign an affidavit that claims that their failing to enforce the law is a violation. Sorry fellas, according to the AG Mark Bennett, “it is not the responsibility of the employee or owner to enforce the law”. That enforcement must be handled by the DOH or the Police Department! Busted! The right hand doesn’t know what the left hand is doing… Great Job, Michael!
Bill Comerford, with the Hawaii Bar Owners Association threw a shot across our opposition’s bow, when he told the board that an anonymous complaint could actually cause him to lose his liquor license. The board was outraged. Was there no due process left in the entire state of Hawaii? There were several comments from various board members like “that’s crazy”, etc. Julian Lipsher was asked directly this question… “according to the law, if a bar owner has no-smoking signs up and has informed the person smoking that it is against the law to do so inside, haven’t they fulfilled their duty and obligation in accordance with this law?” He was speechless, he couldn’t answer. He was asked this question several times, and he never gave the proper answer, which is YES THEY ARE IN COMPLIANCE. What he said instead was, “that’s not the spirit of the law”. Hey sweetie, “spirit” got nothing to do with it. The law must be applied as the law is written. Sorry! To make the long story short, it looks like the only way, according to the law as written, that a bar owner can even get a fine, IS A FAILURE TO POST NO-SMOKING SIGNS. You see, within minutes, this board of business people, GOT IT! This is the best news possible, only seconded by the fact that they are not allowed by law to legislate or change the “spirit” in any way, shape, or form with these administrative rules… Check Mate, Buddy! Strange how our state officials fail to conceive the bottom line here, even with 2 years of contemplation, and evidence to the contrary of their beliefs on this matter. They still, for the most part, have their heads in the sand. Just goes to show you that most politicians have never even ran a lemonade stand, so they have no concept of running a profitable business. Look at the balance sheets of the states revenue, and you will see that I am correct. They have been running in the red for years.
We are not sure, just how long the deferment will last. The board meets once a month. It is imperative for us to be on top of it, as per their meeting dates and discussion agenda. Our goal is to keep this “deferred status” JUST THAT for as long as we can, until enough bar owners get the message that DEFIANCE is the answer. THERE CAN BE NO PENALTY OR THREAT OF LICENSE REMOVAL. An unenforceable law is NO LAW. Rebuild your business and let the Smoke Rise Again! We will continue to raise these questions and delay the process as long as possible. According the APA regulation, no one is allowed to enforce this law, until the APA requirements are met. As just stated,? what we do know is the law, as it stands now, is basically unenforceable. Sure, they can tag an individual for smoking, but it seems they have made a grave error in being able to apply a fine to any establishment. We are working on designing and printing placard signs for these establishments that will go beyond their obligation to notify customers of the government’s law, all the while passing out ashtrays gladly to their smoking clientele, as they would rather them use ashtrays, than peel a cigarette or cigar on the floor.
In closing, Warriors, do not be discouraged. Millions are waking up to the fact that these laws were passed in a disingenuous manner. The truth is coming closer to the surface everyday. Do not lose heart. These bastards will lose, for the simple fact that they have to play by the rules that they themselves have defined. Think outside of the box, good people. Participate in the process, and gunk up the wheels of our opposition’s railroad-job, with truth, honesty and integrity. EVERY OPPOSITION MOVEMENT ACROSS THE NATION NEEDS TO FIND OUT THE STATUS IN THEIR OWN STATES. You need to find out just when and where these hearing are to be held, show up, and present a lucid argument. Remember, these are not politicians, they are business people, so you need not try and convince them about lack of medical evidence, etc. They need hard BUSINESS numbers, personal testimonials regarding business loss, or just plain bad experiences. They also need to show that the law is not viable and is unenforceable. These hearings are meant to insure that no business or industry is treated in an unfair manner. Obviously, your boards of health are not harassing preschools to force compliance. They are singling out bars and taverns. With a little effort, you too will affect and stall the implementation of your statewide bans. Use us and what we have learned for YOUR benefit. Tell your Business Board that precedence is being set in Hawaii to back up your own claims. Lets all work together to once and for all… Ban the Ban!
Aloha,
Jolyn Tenn
Hawaii Smokers Alliance
Jolyn Tenn
Hawaii Smokers Alliance
Read more:?? Hawaii Smokers Alliance
HI: State Update: It’s Payback Time. Vote with VENGEANCE.
Protest of Hawaii’s Smoking Ban Smoke Free bars
January 2007 protest at the Hawaii state capital by nearly 100 bar owners as well as some smokers. Bar owners had lost roughly 30% of their business from the ban. David Kawika Crowley confronts anti-smoking extremist Zysman at O’Toole’s. Zysman is a professional anti-smoking lobbyist and not even a customer of O’Toole’s. She show up completely unwanted just to cause trouble. BTW the lawsuit she claims she wasnted never happened – she had no case.
Watch the video!
Read More:? Hawaii Update Page 3
