HomeMy WebLinkAboutCOM 0013.110 2002-2004 t~a~
FRED C. HOLSCHUH, M.D. . Phone: (808) 961-8264
Councilmember FAX: (808)1-8912
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HAWA17 COUNTY COUNCIL vJ
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Hawaii County Building ~ ~I-~T.l
25 Aupuni Street, Suide 209 ~ ~
Hilo, Hawaii 96720 - ~
June 13, 2003
Memorandum
To: Council Chair James Y. Arakaki and
Members of the Hawaii County Council
From: Fred C. Holschuh, MD
Chair, Human Services & Economic Development Committee
Subject: Bill 260 Draft 3, Relating to Smoking in certain places in Hawaii County
Let me begin by thanking every one of you for your concern and the careful
consideration of all issues regarding Bill 260. Draft 3 of the bill is truly one of the best
smoke free ordinances in the Country. I also want to state at the outset, that
comments in testimony and letters to the Council and the Editors that second hand
smoke is not very harmful are simply false. In my 30 year emergency room career, I
cared for many hundreds of patients who began wheezing seriously after brief
exposure to second hand smoke. Some required hospitalization, some required
ventilator care in ICU, and some died. In addition, second hand smoke or
(environmental tobacco smoke, ETS) does cause chronic disease over time in non
smokers exposed to it. The daily, horrific sense of breathlessness experienced often
over 10-20 years by emphysema patients is really a living nightmare. We have all
heard the statistics on cancer, heart disease, etc. from ETS exposure.
Now let me get to the specifics of this Bill (260 draft 3) and propose some
compromises that perhaps we can all live with. I have spoken to Mayor Kim and Mrs.
Kaetsu and Chair Arakaki about my thoughts and have reviewed the Mayor's letter on
May 23 to the Chair and Draft 4 of Bill 260. I believe we should vote down Draft 4,
return to Draft 3 and amend it as appropriate. I will list my comments in order of the
listing in the document titled Bill 260 Draft 4 revisions Mayor's comments.
Comm. No: 3. 0 ~
Ref. Tor
Ref. Date
1. The complicated definitions of enclosed or partially enclosed areas of
Hotels in the Honolulu ordinance came from requests to allow smoking in
common areas in a Waikiki Shopping Arcade. In our Bill 260, Draft 3, it
essentially prohibits smoking in Hotels except for designated smoking
rooms (Page 4, 1421 (a) (8) and (9).)
2. The 15 feet prohibition was removed originally by our Legislative Auditors
Prior to completion of Draft 3. I asked that it be put back in and I admit
that I was wrong about it as written. I agree with deletion of 14-21 (a) (13)
at this time for the reasons mentioned in Mayor Kim's comments. Council
woman Leithead-Todd had concerns about this at the committee. I would
like to revisit this at some time in the future for certain specific places like
medical clinics and hospitals, child care and adult care centers, gates at
school yards etc.
3. I agree with deletion of the 14-22 (a) (2) and the suggested language in #3
Page 2 of the suggested revisions. This 20% restriction came from model
Legislation and I believe the suggested revisions are correct.
4. I do not agree with the suggestion that open air restaurant areas should
allow smoking. Children can be exposed there and the smoke definitely
affects diners and employees inside and outside.
5. Concerning the ban in bars and night clubs, I believe employees should
Be protected in bars as in all work places. If there are enough votes to
amend Draft 3 of Bill 260 by deleting Bars and night clubs, then so be it. I
do not want to lose the Bill on this issue.
6. I do not agree with the proposed revisions regarding licensed child care,
adult day care or health care facilities. First, it is my understanding that it
is a violation of State law to have smoking in any child care facility during
their hours of operation. I think we should leave in the language in Bill 260
Draft 3 Page 5 14-21 (a) (12) with the addition of : "during their hours of
operation."
I thank you all for considering these suggestions. This has never been about
discriminating against smokers, only the smoke that affects non smokers. This
bill is about protecting captive non smokers such as employees and children from
ETS and in my opinion, about setting a non smoking example for children.
Respectfully submitted,
Fred C. Holschuh, MD
VVV Council member
xc: Mayor Harry Kim