I'd like to share with Star-Bulletin readers my motivation behind this bill and why it's important that they urge their Council members to support it.
First, in order to clear up any misconceptions, I want to state unequivocally that I did not introduce this measure to protect smokers from themselves! People have a right to smoke if that is how they wish to promote their own health and well-being.
Likewise, this bill is not intended to make dining out experiences more pleasurable for non-smokers. Clearly, restaurant patrons have a choice of whether to patronize establishments which invite smokers to foul up the air.
Bill 75 was introduced for one simple reason: to protect the health of employees who don't smoke. "Hey, let them work elsewhere!" some will say in a tone reminiscent of Marie Antoinette. But just as there wasn't enough cake to go around then, today there aren't enough jobs to go around if all those workers now forced to breathe second-hand smoke were to quit and look for other work.
In 1995, the state Department of Labor and Industrial Relations reported 35,165 residents of Oahu were employed in eating and drinking establishments. The occupations include management, wait help, table bussers and host staff. Where in our economy would these workers - our family, friends and neighbors - get jobs?
For many, the restaurant business is a life-time career choice. Food service workers are proud of their professions; to expect them to give up their skills for other employment, seek additional skills in a field not of their interest, or move from the island in the best interest of protecting their health is unreasonable and unjust.
I do not believe in undue government intrusion in the marketplace, but there has always been a compelling public health and safety need to protect employees from dangers at work. From the child labor legislation of the 19th century, to the asbestos laws, to the OSHA requirements, government has had a hand in protecting workers from unreasonable risk to life and limb on the job.
Today, only a fool would argue that smoking - either first-hand or second-hand - is not a danger to one's health and life. Federal, state and city workers are already protected, as are workers in many businesses and in facilities open to the public. Laws governing these places have been enacted because government recognizes the danger - and the liability - in allowing smoking in the workplace.
Should Oahu's elected officials bury their heads in the sand until a lawsuit is filed against the government (read "taxpayers") for not acting to protect the health of its citizens when it was fully aware of the dangers of second-hand smoke in the workplace? I think that would be irresponsible at best, criminal at worst.
Bill 75 now returns to the Committee on Environment, Public Works and Transportation for additional discussion after which it will move to its third and final reading before the full Council. Though only five votes are needed to pass the City Council, six votes are needed to override a veto by Mayor Harris.
Eighteen months ago Mayor Harris cast a veto on a similar law which the City Council was unable to override. One can only speculate on the harm done in that time to those who, through no real choice of their own, "smoked" someone else's second-hand smoke while trying to make an honest living.
Hawaii, the "Health State," can and must do better by its own citizens!