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<br /> <br /> <br /> <br /> COALITION FOR A <br /> ((~~~ttt ///V TOBACCO -FREE HAWAII <br /> <br /> again, noting that the privacy interest protected by the U.S. Constitution include only marriage, <br /> <br /> contraception, family relationships, and the rearing and education of children. <br /> <br /> <br /> A second and equally unsustainable argument put forward, centers around "equal protection." They <br /> claim that no smoking law treats them as a group differently, thus they are being discriminated <br /> <br /> against. This argument like the first has failed, time and time again. Smokes are not a protected class <br /> and prohibiting smoking for public health and/or environmental reasons is a rational and legitimate <br /> <br /> government objective. Bill 224, is a rational and legitimate measure that will protect all individuals in <br /> the County of Hawaii for the hazards of cigarette smoke, such as asthma attacks in children and <br /> <br /> adults. At the same time it protects the Big Island's unique environments, parks, beaches, open areas, <br /> and forest, as well various threaten and endangered animals, birds, sea turtles, and mammals. <br /> <br /> <br /> I'll close by reiterating, "There is No Right to Smoke." Claims to the contrary have no legal basis <br /> <br /> and no court has ever recognized smoking to be a right. Bill 224 is a good bill. It will further enhance <br /> the State's Smoke-Free Law, protect vulnerable children and adults from unnecessary asthma and <br /> <br /> emphysema attacks, protect the Big Island's diverse and unique environments that offer critical <br /> habitats to many endangered species, and make the Big Island a more enjoyable place to visit, live, <br /> <br /> work and raise a family. <br /> <br /> <br /> It is time for this Council to the take the final step and pass Bill 224, and joint the 615 municipalities <br /> in the United States which have prohibited smoking in public outdoor places including parks <br /> <br /> and beaches. The benefits of having smoke-free outdoor facilities are many and the <br /> disadvantages, none. <br /> <br /> <br /> Thank you for allowing me to once again testify before you today. <br /> <br /> Sincerely, <br /> <br /> <br /> 7 <br /> <br /> George Massengale, JD <br /> Policy Director <br /> <br /> <br /> 1500 S. Beretania Street, Ste. 309 • Honolulu, HI 96826 • (808) 946-6851 phone • (808) 946-6197 fax <br />