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<br /> <br /> <br /> <br /> / COAL ITION FOR A <br /> TOBACCO-FREE HAWAII <br /> <br /> <br /> <br /> <br /> Date: March 10, 2008 <br /> To: Hawaii County Council, Pete Hoffmann, Chair, K. Angel Pilago, Vice Chair <br /> <br /> Hearing Date & Time: March 12, 2008, 10:45 A.M. <br /> <br /> Ref: Bill 224 <br /> <br /> TESTIMONY IN STRONG SUPPORT <br /> <br /> Good morning Chair Hoffman, Vice Chair Pilago, and members Hawaii County Council. My name is <br /> <br /> George Massengale. I am the Policy Director of the Coalition for a Tobacco-Free Hawaii. Thank you <br /> this opportunity to again testify on behalf of the Coalition for a Tobacco-Free Hawaii, in strong <br /> <br /> support of Bill 224 that would prohibit smoking in all County Parks, Beaches, and Recreational <br /> Facilities. The Coalition is a statewide association of non-profit organizations, businesses, and 2,000 <br /> <br /> individuals committed to working together to reduce the negative impact of tobacco on the health of <br /> Hawaii's children, adults, and visitors. Many of our members live, work, and raise families on the <br /> <br /> Big Island. <br /> <br /> <br /> Last month when I testified before you, I heard a small number of individuals testifying in opposition <br /> of this Bill. Most of the testimony offered was framed in terms of "protecting their rights as <br /> <br /> smokers, and the unfairness" of the proposed ordinance. Although several of the testifiers were <br /> impassioned, the argument they put forward is completely without foundation or any legal basis. <br /> <br /> <br /> To assist me with my testimony today, I contacted the Tobacco Control Legal Consortium, which is <br /> <br /> part of the William Mitchell College of Law, St. Paul, MN. In the past they have provided our <br /> Coalition with legal technical assistance, and they prepared the law synopsis that I have attached to <br /> <br /> my submitted testimony. <br /> <br /> <br /> Laws limiting how and where people can smoke have survived legal challenges hundreds of times. <br /> Proponents of smoker's rights usually focus on two arguments. The first is a claim that smoking falls <br /> <br /> within the fundamental "right to privacy" by arguing that that the act of smoking is an individual <br /> and private act that government cannot invade. Courts have rejected this argument time and time <br /> <br /> 1500 S. Beretania Street, Ste. 309 • Honolulu, HI 96826 • (808) 946-6851 phone • (808) 946-6197 fax <br />