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The Honolulu Advertiser
Posted on: Thursday, February 1, 2007

Bars have right to sue, but cannot defy law

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It's one thing to sue the state Department of Health over Hawai'i's smoking ban.

But it's quite another to openly defy the law in protest.

The Hawai'i Bar Owners Association has a right to challenge the legality of the state's restrictive smoking law in court. But until that process results in overturning the ban, it is a law that must be obeyed.

Many bar owners believe that the ban, which went into effect Nov. 16, violates the state Constitution because it adversely affects bar owners' businesses without offering "just compensation." But the lawsuit misses a key point: The state has the authority to act in the best interest of the public by protecting people from the dangers of second-hand smoke.

Hawai'i's law, one of the toughest in the nation, bans smoking wherever food and liquor is served and within 20 feet of an establishment's doorways and windows. It also restricts smoking in workplaces and enclosed and semi-enclosed public places. The Health Department's Janice Okubo said smoking bans have been upheld wherever legally challenged.

With the law so new here, the Health Department has been focused less on enforcement and more on education. It should continue its outreach efforts and warnings as both business owners and customers adjust to the new law.

The law authorizes increasing fines, from $50 to $500, especially for repeat offenders. And it allows police officers, not just Health Department agents, to write out citations on the spot.

The department may have no choice but to step up enforcement if some bar owners insist on taking the law into their own hands.

Let the court decide if their suit has merit. Until then, for the greater good, the ban makes sense.