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The Honolulu Advertiser

Updated at 9:53 a.m., Wednesday, April 11, 2007

Anti-smoking ban lawsuit thrown out by state judge

By KEN KOBAYASHI
Advertiser Courts Writer

A state judge this morning threw out a lawsuit by a group of bar owners challenging the state law banning smoking in bars and restaurants and within 20 feet of their entrances and windows.

Circuit Judge Sabrina McKenna granted the dismissal request by state lawyers, who argued that the Hawaii Bar Owners Association did not establish a valid claim that the law is unconstitutional.

She noted that although the group contends the law is unconstitutionally vague, none of its members has been cited for violating the law.

The judge, however, said the group may later refile the lawsuit.

Paul Yamamura, the group's lawyer, said they may refile their challenge if one of the members gets cited for violating the law.

Deputy Attorney General John Molay said he's confident that the state will be able to prevail even if a new lawsuit is filed.

The law went into effect Nov. 16 and is aimed at protecting people from secondhand smoke. Penalties include $100 for a first offense for a business and $50 for a smoker who violates the law.