[ OUR OPINION ]
HAWAII has been defying a federal smoking ban in public school buildings for nearly a decade but will come into compliance after enactment of a bill now moving through the Legislature. Public employee unions that have fought school smoking bans should not be allowed to defeat the legislation, which could shield the state from enormous amounts in federal fines. State should comply
with school smoking ban
THE ISSUE The Legislature is considering a bill that would prohibit smoking in public school buildings.
The bill was originated by Chris Dein-Gaughen, who became incensed last year when she discovered that smoking was allowed in her son's Big Island elementary school. "Smoking on campus really caught my attention the day I observed a special-needs child being led into the custodians' office by their aide," Dein-Gaughen recalled in testimony to a House committee. "I then saw a custodian smoking along with the aide while the special-needs child was seated behind a desk in the very small, enclosed, unventilated room. I was appalled."
Dein-Gaughen learned that her son's school -- and all other public schools in Hawaii -- were in violation of the 1994 federal Pro-Children Act, which requires that smoking be banned in all schools receiving federal money. She contacted legislators and asked that they propose a state ban on smoking in schools to conform with the federal law.
In an arbitration case, the United Public Workers union in 1995 successfully dismantled a smoke-free policy adopted by the Hawaii school system by claiming that it infringed on its union contract with the state. A Hawaii law requires that provisions of collective bargaining agreements "take precedence" over all conflicting state statutes, county ordinances or other regulations or orders. The UPW contract does not mention smoking, but the union contends that a smoking ban impinges on working conditions.
Certain narrow subject areas are exempted from that tail-wags-the-dog law, and the bill before the Legislature would add the smoking ban to that short list. Neglecting to do so would subject the school system to fines of up to $1,000 a day for each continuing violation of the Pro-Children Act. The Hawaii schools have not been cited or fined so far, apparently because of a lack of awareness of the federal law.
Smoking bans have been in effect for years in Hawaii's business offices because of health risks caused by secondhand smoke. Aside from the federal fines, the greater risk in allowing smoking to continue in Hawaii's schools is that impressionable children will be lured into starting the deadly habit.
About 90 percent of adult nicotine addicts began smoking in their teens. The percentage of adult smokers in Hawaii has declined to less than 20 percent in recent years, but the percentage of high school smokers has risen to nearly 28 percent. Hawaii's public schools should not continue to be instruction classes for youthful smokers.
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