honoluluadvertiser.com

Sponsored by:

Comment, blog & share photos

Log in | Become a member
The Honolulu Advertiser
Posted on: Saturday, June 22, 2002

Smoking exemptions cloud good intentions

Overall, we'd like to reiterate that we strongly support Honolulu's restaurant smoking ban. We're confident that eateries offering decent service will not go belly up once the smoke has cleared, and that smokers will swiftly adapt.

But we can also see how there might be confusion about the no-smoking bill authored by City Councilman John Henry Felix, with much tinkering from other council members.

Like many laws, the measure started out as a simple, blanket bill and got muddier and muddier once everyone added their two cents. That doesn't mean it won't work. It just means there's going to be a steep learning curve.

Let's wade through the guidelines, shall we?

July 1 deadline

As of July 1, all restaurant interiors must be smoke-free. Makes sense so far.

But wait. There are exceptions.

Restaurant bars can allow smoking for another year as long as they build a floor-to-ceiling wall separating the nonsmoking dining area from the bar and install a separate ventilation system.

It doesn't sound like the kind of hassle restaurants would be willing to put up with for just one year. And so we reckon most will opt to go completely smoke-free rather than invest time and money isolating their bars from the general population.

As for smoking al fresco, you can light up in an outdoor restaurant or restaurant patio on condition that your table is 10 feet away from the wall or the nearest interior dining area.

Now if there are just 10 feet of uninterrupted space between the outdoor smoker and the indoor diner, then what's the difference between that setup and the present smoking and no-smoking sections?

And what happens to hybrid bar/restaurants such as the Eastside Grill near the University of Hawai'i, Manoa? Is it a bar that sells food or a restaurant with a bar?

According to the rules, a stand-alone bar or nightclub is exempt from the law if alcohol sales exceed two-thirds of the monthly gross receipts.

And then there's the question of enforcement.

Restaurant owners must now post signs that say "Welcome to Smoke-Free Dining. Smoking Prohibited by Law." The city's planning and permitting division will enforce that requirement and issue a $25 fine to those who don't comply.

But who will be the cigarette police?

Surely, Honolulu's finest won't be rushing out, sirens blaring, on a restaurant smoking call?

Peer pressure best

The best method of enforcement, of course, is peer pressure. If a smoker lights up, chances are someone at the next table will politely or not so politely ask the smoker to extinguish the cigarette. If they don't, patrons will probably complain to management, who will tell the smoker, "Stub it out or leave."

And people should have no qualms about blowing the whistle on smokers in restaurants. After all, this is a matter of health.

Ask the wait staff.