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Home My WebLink AboutCOM 0013.242 2002-2004 ! 12003 N'^ i'iiJM: Fas Ca ~hollc Chan Li es T0: 961-8912 FAGE: 001 OF (103 REr... i~,;~ J '03 JUL 1 P~1 1 38 Catholic Charities COUNTY ; ir= HAWAII u~r en t f a c s i m i l e To.' County Council Members Fax Number: 961-8912 From: Shelby Emerald Fax Number.• Business Phone.' Home Phone: Pages: 3 Dateji7me: 7/1/2003 1:27:12 PM Subject: Corrected Copy of Re Smoking Ban Proposal Within the last 10 minutes, I FAXED a Memo to this number for the Council Members consideration in re the smoking ban proposal. That FAX has error in it. Please supplement this copy for the one previously sent. Thank you. Comm. No.' 4 Ref. To: Ref. Uate -~ppa Pni FRCM: :a[holx, Chaz~t, vv TJ: 951 -S9L2 PA~'.E: JL] nF J09 FAX MEMO TO: County Council Members of the County of Hawaii FROM: Shelby Emerald, Voting Resident of the Big Island t tl= r 75-6016.A1ii Drive, t#A201 R~~-~~ 1 ~l t_~ KailuaKona,H196740 '03 JUL 1 P(~ 1 38 Tele (808) 326-2253 DATE: July 1.2003 COUf~ ~_,LEF~h COUNT Y c il= HAWAII RE: Smoking Ban Dear Respected Council Members: 1 respectfully request this memo be placed before the Council Members and to become a part of its files in the matter, in re the hearings on the matter of the smoking ban issue for the Big Island, presently being heard before this Council. Many other County and City Council members such as yourselves, have faced similar arguments for a smoking ban in other states across the nation and many many of them have rejected smoking ban proposals for their counties and cities and for very valid reasons -qualified reasons which should nut be overlooked by you, our elected Council Members of the Big Island. These valid reasons for releenon ofa blanket smoktng ban are essennaUy threefold. (1) Equal application of the law for all citizens; (2) Ctitizens should enjoy and be guaranteed the free flow of their businesses and commerce without government taking actions which hnp~.:e that right; and, (3) Government is not wen the right to deny its citizens choice, whether smokers or nonsmokers. A simple solution exists to resolve this debate and one which allows equal application of the laws to everyone, not just the group who has the loudest voice and most money backup, but to all. It is a solution that guarantees the free flow of business as the business owner may choose: and, it is a solution which guarantees all citizens a right of choice and eliminates costly gestapo enforcement agarns4 choice. This solution is:.A law which requires restaurant owners, small and large, as well as bar owners, small and large, to declare whether they will be a smoking establishment or nonsmoking establishment and to declare that ch.+ice on the outside of their buildings, in plain view and letters of size to effectively inform the public of the choice of the business owner. Thus, an establishment that would choose nonsmoking would, by that ven~ choice, forbid smoking anywhere within the establishment, whether II be outside seating or inside seating, closed or enclosed. An establishment which chooses to be a smoking establishment would then not be forced to establish "smoking- nonsmokingsections"; but rather, be its very election as a smoking establishment would enable smokers to smoke anywhere within the establishment, with indifference to whether the seating is outdoor or indoor seating. I Jnder thrs solution, nonsmokers are not forced w sit and eat or drink with smokers, as they will have choice available to them in the nonsmoking establishments, where they are not bothered by smoke. Likewise, smokers would not be denied the right of enjoyment to patronizing chosen restaurant and bars, instead o1'being thrown out and tined for a lawful activity. Such laws target one distinct set of citizens, who are already the targeted class for exhorbitant high taxes and are forced to pay those high taxes. Should they also be denied the right of enjoyment of restaurants and bars given the tax amounts these targeted citizens are made to pay? 'T'his solution removes the purported evils that nonsmokers claim they are subjected to b}~ the smoking class of . Shelby Emerald to Big Island Council Members V~003 C2- PM FROM: pax Catholu Cha ~i trvv T~~: 961 ~H912 PACE: X03 OF G03 re: Smoking Ban Proposal Page 2 - The most troubling concern to the proposed smoking ban is the effects it will have on the food and bar industry, as well as the tourist industry. Citizens, whether smokers or nonsmokers, did not put up the inves[mem ,;,.,uey to open and maintain these businesses and have no financial interest th them at all. Likewise, owners in this free capitalistic society did put that money up and continue to employ residents ofthe county and to provide revenue for the County and State itself [t is no secret that Hawaii businesses aze suffering and many struggling to keep alive- Can these business owners afford to lose even one customer? I think not. The Coalition for Nonsmoking has no concern or consideration for the business owner, just themselves. The collateral effects of a blanker smoking ban need to be weighed and considered. Are these owners less of a citizen to he cast off by their own local government? I think not and so should you. This solution enables owners a chance to save their clientele and keep their businesses from being destroyed The taking of choice from citizens is a reckless and thoughtless act of any elected official All interests must be weighed in favor of protecting citizen and ownership rights. The Coalition did not contribute to these businesses. Moreover, these folks have pursued their cause with a religious fervor that seeks to change our eating and food habits to suit their agenda. They have made it a new religion to jam down our throats because many citizens reject it and choose to digest what suits them, not the new religious order. Already, they are after fast food restauaranis and various food manufacturers to forcefully commit us all to their agenda. Where does it stop? Furthermore, in California, it was the very smoking ban itself that drove hundreds to the fast food stops to take our lunch to a place where we could smoke and enjoy ourselves without restriction. Clearly, this fast food option became known to the well-funded beazers of the new religion. I watched my favorite restaurants drop over like flies hit by RAID. During the summer. I ate out at places that offered outside eating. In the winter it was too cold, so it was fast food for me Also, consider that most seating in Hawaii is open to the outside air (part of the charm of Hawaii) whether inside eating or outside eating. Our tradewinds keep the air clean. Consider the solution offered herein. If'it is really about the irritants of smoking, then our nonsmoking foes should readily agree to such a solution as offered herein. This council should do the courageous and right solution for its citizens, as other states in the nation have managed to take a stand against this Coalition who wishes to take our rights of choice, show indifference to the suffering of our businesses, and could care less if tourists aze angered by it and driven away. Their only concern is that each of them does not approve of smoking and wish to force this on us and our businesses. Please do not give iu to this. Do not let yourselves become a convert, as the effects on the Big Island may be a catalyst for devastation of our business, commerce, and our very right to choose for ourselves. Shelby Emerald