HomeMy WebLinkAboutCOM 0013.215 2002-2004 SUPERIOR GUNITE 8083349034 07/02/08 10:52am P. 001
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Fax Frnm: William Jennings /Voice: 93'1-2311 t Fax(9'(+~ ; ii- HAWAII
TO: CHAIRMAN JAMES Y. ARAKAK[, HAWAI't COUNTY COUNCIL.
RE: TESTIMONY FOR BILL 260 CURRENTLY BF,WG DISCUSSED
ATTACHED TWO PAGES FOR SUBMISSION IN TESTIMONY
is1h;FORE THE COUNTY COUNCIL WHICH IS CURRENTLY LN
SESSION.
PLEASF. RUSXI TO CHAIRMAN ARAKAKI FOR INCLUSION IN
THE ON-GOING PUBLIC' TESTIMONY
MAHALO.
PLEASE RUSH!
Comm. Na • /2 r „ I
Ref. To;
Ref. [rote
SURERI OR GUNITr 8089349034 07/07./03 10:52am P, 002
TESTIMONY OF WILLIAM JENNlNGS IN STRONG OPPOSITION TO BILL 260
To Chairman Arakaki, Hawai i County Council / July 2nd, 2003 /Faxed at 1010 a.m.
I. There is no Constitutional right, per se, of smokers to smoke, non-smokers to be free of
smoke, or employees' rights to be free of smoke caused by a LEGAL SUBSTANCE.
Il. There IS a Constitutional right, a FUNDAMENTAL right, a GUARANTEED right in our
Constitution: the property rights of the individual This right is now found in Amendment V and
Amendment XIV of our Constitution.
III. Property rights of the individual was a key, essential component, in the foundational framing
of our Constitution. It was included in the Bill of Rights. The Bill of Rights was demanded by
the framers of our Constitution before a Constitution would be agreed to in order to ensure
government would not abuse its powers; to restrict and limit governmental action; and, to protect
the ^dividual citizen against the "tyranny of the majority."
IV. "The individual, private citizens who own PRIVATE (not "public") hotels, restaurants, ban
need YOUR protection -this is the F[RST AND FOREMOST swom obligation of someone who
seazs allegiance to faithfully uphold the Constitutimt.
V. Of coupe, no right is absolute. Government may make reasonable limitations on individual
rights if there is a legitimate, substantiated interest that overcomes the individual right.
However, when doing so, such limitations must be proportionate, fair and just.
VT. 1t is the swom duty of legislators to make law responsibly, exercising the highest degree and
standard of care. Your actions must he reasonable, proportionate, fair and just. The process
surrounding Bill 260 has not been reasonable, proportionate, fair or just. The County Council
has failed to exercise due care in brining forth this bill in the following, not all inclusive, ways:
A. It has provided special accommodation to one side of the issue by holding
testimony set-aside for the Department of Health and non-profit organizations advocating for Bill
260. However, not once was an impartial Constitutional lawyer invited to delineate the
Constitutional implications of this bill as it relates to a most fundamental. guazanteed provision
of our Constitution.
B. It has failed to be duly diligent by npt initiating a Constitutional impact
assessment of its proposed legislation that would affect a most fundamental, guazanteed right of
our Constitution.
C. Debate over whether or not a business will beill-affected by Bill 260 is NO"T
debate aver the fundamental principles of guaranteed, individual property rights.
VI1. So many false comparisons have been made by County Council:
SUPERIOR GUNITE 8069949094 07/02/03 10:92am P. 00S
-Asbestos and wntaminated foods ARE NOT legal substances. One cannot give
reasonable notice at the door that "This is an Asbestos and Contaminated Food Establishment."
- TOBACCO IS A LEGAL SUBSTANCE whether it is liked by others or not. It may
be fair and reasonable to require private establishments to post notice at their doors, e.g.. "'This is
a Smoking Establishment."
- Government need not interfere in our personal decision making capabilities - we are
free and independent people who are best (and most appropriately suited) to make personal
judgments concerning our lives. Non-smokers are not compelled to work or patronize specific,
private establishments. Government goes too far when it tries to do sn, especially when a legal '
substance is at issue.
VIII. Are we "endowed by our Creator with certain unalienable rights," or not?
Ate we endowed with a free will, or not?
Are we individually responsible for our actions and our choices, or nof?
IX. Bill 260 goes too far. It is unreasonable and makes no attempt in reaching a fair and
reasonable accommodation neither for those who smoke nor for those whose rights are
spc ~ ~cally guaranteed by our Constitution with the most fundamental of rights.
X. This bill is unfair and unjust. Our Constitution is NOT a health bill - it is a Freedom bill.
Freedom is the supreme value of our land and meant to be perpetuated. We are the Aloha State,
not the Health State. It appears the majority of people testifying before you are asking you to
"do the right thing." My request is that you do the righteous thing, vote down Bill 260, and
perpetuate the life of freedom in our Constitutional Republic.
IIAMAUKH:EAOKAAWAIKAPONO
Aloha no. kakou! -
Malama pono!
Respectfully Submitted,
_i~
Willia nni s
Volcano, Hawaii
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