Q: What is required for a bar to not get fined for smoking?
A: Having proper signs posted on the door to the establishment (red circle with a line through it over a burning cigarette) and informing smokers that are smoking of the provisions of the law. - HRS328J, sections 9 and 11d.
In other words a bar is NOT required to make/tell someone not to smoke inside, only that an unjust state law says that smoking is prohibited by said unjust law which states that a smoker should go 20 feet outside and we are not required to make you stop smoking inside.
Q: Are ashtrays allowed in a bar?
A: YES. They are legal in a bar or anywhere else for that matter. Nowhere in state law is there a mention of ashtray prohibition.
Q: How many bars have gotten fined because of customers smoking?
A: Zero. And as long as a bar plays along with HRS 328J, none ever will be. The former AG as well as the office of the Ombudsman have already confirmed this and in reading the law it becomes clear that the bar is only mandated to post signs and inform smokers. Nowhere does it say that a bar has to stop smokers.
In addition the bar owner/staff are prohibited from "retaliation" against complainers (usually paid members of anti-smoking groups) or health officials regarding the ban such as 86ing the complainer. This however does not take a away an owners right to sue the complainer or to prevent the complainer from being 86ed for abusive or disorderly conduct. What is more is that patrons can do all the retaliation they want legally, just so long that it doesn't break other laws.
Q: Can a repeal or change to the ban get through to make the law more fair?
A: Yes!!!, and it is an increasing trend as of late. Croatia, The Netherlands, the city of Galveston in Texas, and now Nevada have repealed or partly repealed their bans in bars. Let's now follow these noble examples of and achieve this for Hawaii in 2014!
Updated 17 January. 2014
