Q. I went to eat at The Shack in Mililani recently and was surprised to find myself surrounded by people smoking, even though there were signs that say smoking is prohibited in restaurants. I asked the waitress why people were smoking and she replied, "We don't enforce that law." So, I called the state Health Department and was told the smoking ban in restaurants is a city ordinance. I called the city and the people there said they only enforce the ordinance that restaurants must post a sign saying smoking is banned in restaurants. And then I found out that Honolulu police would have to actually see someone smoking to issue a citation. So, that leaves enforcing the law up to the customers? Who is supposed to enforce this law?

A. The city ordinance is enforced by the Honolulu Police Department, said spokesman Capt. Frank Fujii. But he said it's true that police would have to catch somebody in the act of smoking in the restaurant to issue a citation.

A manager at the restaurant said he was too busy to comment on the restaurant's longstanding policy. In the past, management has said it does not enforce the law because owners believe it violates freedom of choice guaranteed by the Constitution.

Fujii said he could not find a record that a citation has been issued in Honolulu since the law was enacted in early 2004.

The state Health Department's Tobacco Prevention and Education program's Julian Lipsher acknowledges that enforcement is an issue with some businesses.

Lipsher said the state has received numerous complaints about The Shack restaurants in Hawai'i Kai and Mililani saying that "smoking was not only permitted but encouraged."

Police Capt. Ed Nishi of Wahiawa said he would send officers to investigate your complaint. "If there is a problem, we will discuss the matter with the owner or proprietor of the establishment and review with them the laws pertaining to the smoking ordinance," Nishi said.

Lipsher said people who wish to complain about violations to the restaurant smoking ban have to be willing to give their name to police. He said the law is meant to include all restaurants.

Fujii encourages people to call police when they see a violation of this law or others.

If there is a continuing problem with a law, he urges people to get involved in changing the law."The voice of the people are the strongest when it comes to enacting changes to our laws," Fujii said.

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