Posted on 02/04/2007 12:50:12 PM PST by SheLion
Honolulu – I drafted and introduced Bill H.B. No. 792 in the Hawaii State House of Representatives to exempt bars, nightclubs, and restaurants from the complete ban on smoking, provided that exterior signage adequately warns the public that smoking is allowed within.
I'm very concerned with the calls my office is receiving about the loss of revenue that small business owners are experiencing across the state since the statewide smoking ban went into affect in November.
Many long time business establishments have closed in other states due to the passage of smoking ban legislation and hundreds of others are limping along with revenues 30 to 50 percent of what they were before the ban.
This is really a piece of common sense legislation that would allow a choice for both business owners and their patrons.
I was joined by Representatives Rida Cabanilla, Karen Awana, Tom Brower, Cindy Evans and Gene Ward in the signing of this bill.
House Bill 792 has been referred to three committees, Health (HLT), Economic Development and Business (EDB) and Consumer Protection and Commerce (CPC). A referral to three committees definitely makes it harder to get a bill over to the Senate.
Nearly 4,000 people have signed a petition asking the Governor and the Legislature for a repeal of the smoking ban.
Now these people need to call and write the Legislative members of these committees if they want to affect a change.
A U.S. Supreme court decision during the early 1970's ((Lloyd Corp v. Tanner, 407 U.S. 551 (1992)) said a place of business does not become public property because the public is invited in.
So, by that same reasoning. A restaurant or bar is not public property. We need to support small business and stop regulating them out of business.
No surprise - thier business is the vaction and tourist trade. It is what keeps the bars and clubs alive -- drinking smokers (or is it the other way around?). Guess they finally realized that.
smoking bans don't harm business...the nanny contingent of free republic said so!
WOW, I thought Hawaii was one of THE most liberal states in the union. This is encouraging, just substitute intoxicating liquors with tobacco.
Amendment XVIII
Section 1. After one year from the ratification of this article the manufacture, sale, or transportation of intoxicating liquors within, the importation thereof into, or the exportation thereof from the United States and all territory subject to the jurisdiction thereof for beverage purposes is hereby prohibited.
Section 2. The Congress and the several states shall have concurrent power to enforce this article by appropriate legislation.
Section 3. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of the several states, as provided in the Constitution, within seven years from the date of the submission hereof to the states by the Congress.
Amendment XXI
Section 1. The eighteenth article of amendment to the Constitution of the United States is hereby repealed.
Section 2. The transportation or importation into any state, territory, or possession of the United States for delivery or use therein of intoxicating liquors, in violation of the laws thereof, is hereby prohibited.
Section 3. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by conventions in the several states, as provided in the Constitution, within seven years from the date of the submission hereof to the states by the Congress.
Huh? My county in Michigan is trying to eliminate smoking in all public places except bars and restraunts. All businesses have to post a sign stating no smoking. Michigan has moved forward banning smoking in every way possible. I suspect that takes in privately owned business. So the guy that has a small business that smokes can't legally smoke in his own business and has to post a sign. What a crock!
Yes, and the American smoking nazis got their start by getting the airlines to roll over about a no smoking area in the airplanes. That let the camel get his nose in the tent.(Thank your W.E.B. Griffith for that line in your series "The Corps".)
If I had a bar, and the government said no smoking allowed there, overnight, it would become a smoking only bar. Our individual, inherent rights are derived from our individual, inherent right to own property. If we rented our property from the state, I could understand. But if we truly own our property, then no level of government can legislate whether we can, or can't smoke, or allow others to smoke, on our property.
But sometimes, eloquent dialogue is not enough to put the government in its place. In instances such as that, it's important to have an educated public, i.e., one that not only realizes their responsibility to defend their liberty, but accepts their responsibility.
Thanks for the cross reference, :) not all of us see every post posted.
Heck in Chicago they banned Fois Gras.. Now the council is after Trans Fat...
My post refered to that, the chef's are in a tizzy about it. We are being legislated to death. The best piece of legislation we could inact is a 10 year life on EVERY bill, fed, state and local, in otherwords a constitutional amendment, every piece of legislation is expired after 10 years, up for renewal and a revote. At least we'd keep congress busy defending previous bills and wouldn't keep making new laws. They'd be too busy defending existing laws. We are too fat and happy, and they have to do something, the way it currently is..
We are heading towards a Demolition Man Society.. Can't eat certain foods, can't drink or smoke.. Be Well...
Yep, there is a huge Japanese tourist population and about 40% of them smoke, so no $hit this was going to cost businesses. At least this was a government sponsored ban, so it can possibly be ammended. I hate voter "initiatives" that take away other peoples freedoms, like in Ohio, Washington, Nevada, and Arizona. They shouldn't be legal. An initiative should only be allowed to reign in the government and it's power, i.e. taxes, not individuals. Otherwise, someday there will be bans on all sorts of things that even non-smokers enjoy. How about a ban on loud music in cars and clubs, bans on illegal immigrants, bans on alcohol? The ACLU would be screaming if these types of things passed.
I am talking of a business that makes a product not a club type of business. How would you create a club of a business of a company that say makes covers for boats that the general public walks into?
Hopefully I'll be dead and happy by that time. We'll be communist, and that's fine with the democrats. Here's a picture, I make 100K a year, govenmnet says, you gotta give all your income to us, and we'll give it back to you. Hell yes, I'm quiting. Let me live off the fat of the government. I'm sure there are plenty that will do the same, and the country sinks. I'm really happy I got to live in the USA before it was ruined by the dems, but my grandchildren won't know what freedom is if the dems keep control.
But at least we kept out the Rinos /s
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