Fw: Theater Night Update 7-13-08

Hello Everyone -

Just a quick update with what is going on in Iowa and Hawaii. Iowa is already feeling the economic impact of their smoking ban as we knew they would. I do have a contact in Iowa and am keeping abreast of the Federal action they are pursuing. You can bet I will not pass up this opportunity for our state to be involved. On the Hawaii front, who is still fighting their smoking ban, they have banded together with other groups to bring their message to the legislators that they will not have their freedoms ripped away from them...actually not a bad idea!


Stay tuned....more updates to follow with our own legislators and their positions on issues.

Sheila

(P.S. Theater nights have not gone away.....just on vacation for now! I'll keep you updated.)




http://www.clintonherald.com/local/local_story_185203135.html
COBRA, IBOC file smoking ban petitionBy Danica BakerHerald Staff Writer
CLINTON — The Clinton Organized Bar and Restaurant Association and the Iowa Bar Owners Coalition have filed a lawsuit in an effort to get the statewide smoking ban overturned.The lawsuit includes a petition for an immediate injunction, asking the court to put a halt on the smoking ban until a ruling can be made on the law’s constitutionality.“It’s been our belief from the get-go that this law is unconstitutional,” said Jon Van Roekel, president of COBRA. “It’s blatant discrimination against smokers and it’s a property rights issue.”The petition was filed Tuesday evening in Polk County District Court in Des Moines. Van Roekel said the groups are not contesting the casino exemption, because many members feel the exemption will be overturned in the next legislative session.The petition names the Iowa Department of Public Health, IDPH Director Thomas Newton and the State of Iowa as defendants. Attorney George Eichhorn, of Stratford, is representing the plaintiffs in the case. Van Roekel said COBRA and IBOC currently are the only two plaintiffs listed on the suit so far. He said more will be added as several organizations have contacted the two groups wanting to be named as parties to the lawsuit.Van Roekel said COBRA and IBOC leaders are in the process of hiring a public relations firm out of Washington, D.C., to coordinate the release of information relating to court proceedings. He said the firm also will be responsible for contacting organizations to join in the lawsuit and injunction request as they too will be affected by the court’s decision.“In essence, we are fighting for the rights of every small business in Iowa,” said Van Roekel.He said the lawsuit and injunction request are the first step in getting the ban overturned. He said the groups plan to become more politically active, including putting candidates up for office “that will look out for the interests and rights of the small business owner.” Van Roekel said the final step is making the matter a national issue by pooling the resources of similar organizations throughout the United States and debating the constitutionality of the ban before the U.S. Supreme Court. He said COBRA and IBOC have been in contact with interested parties in nine states and are in the process of contacting many others.Van Roekel said part of the hypocrisy of the law is that small business owners don’t know the rules of the law because legislators haven’t been clear about the regulations and enforcement.“From the start, it’s just been a complete debacle. They needed to be clear, explain what the rules are, how to enforce them, how to handle complaints, who to contact. First, the Iowa Department of Public Health was to enforce this. Then the local police, then it was self-enforcement. First patios were allowed, now they’re not,” he said. “Very few people actually know what the rules are because they’ve changed so many times. All they’ve done is completely confuse the small business owner.”He said an injunction is necessary so legislators can step back and re-examine the issue, determine what is best for citizens and businesses and “go from there.”Van Roekel said local businesses have seen a decrease in revenue just in the first few days the smoking ban has been in effect. He said small business owners in Clinton are telling him that fewer patrons are coming to bars and spending less time there.“They are already seeing effects from this and I think it will only get worse from there,” he said. “The patrons are saying they feel they have been inconvenienced, made to be outcasts.”Van Roekel acknowledged criticism he has received regarding his decision to run against State Rep. Polly Bukta, D-Clinton, for the Iowa House District 26 seat, remarking that some are calling him a “one-issue candidate.”“If I’m a one-issue candidate, it’s not based on fighting the smoking ban, it’s protecting rights,” Van Roekel said. “We live in a free society. The more rights that are taken away, the less free we are.”No date for a hearing on the petition has been set.







http://www.honoluluadvertiser.com/apps/pbcs.dll/article?AID=/20080707/NEWS01/807070348/1001/LOCALNEWSFRONT

Smokers protest state restrictions
Motorcyclists, gun enthusiasts join in rally in front of state Capitol

By Suzanne RoigAdvertiser Staff Writer
As the nation yesterday wound down celebrations recognizing hard-fought freedoms, a group of smokers, gun owners and motorcyclists exercised a constitutional right in front of the state Capitol, waving flags, signs and banners in opposition to the state's ban on smoking.
"It's a question of freedom of choice," said Marty Hill, a bar owner who flew in from the Big Island to join the protest. "We think it's a bar owner's right to choose to be either a nonsmoking or smoking establishment."
A group of about 20 people, from 1 to 3 p.m., protested the nearly 2-year-old old law that bans smoking in businesses, including bars and restaurants — even open-air restaurants — and requires smokers to be at least 20 feet from any public building before lighting up. The law is among the toughest in the nation and was pushed by Hawai'i anti-smoking groups for nearly two decades before it passed — touted as a way to protect people from secondhand smoke.
To comply with the law, Hill posted signs around his Kailua, Kona, bar reminding smokers that the law prohibits smoking in public places, "but if they choose to smoke, here's an ashtray."
State Sen. Roz Baker, D-5th District (South and West Maui), who was the lead sponsor of the bill banning smoking, said that while the protesters had a right to assemble, there is nothing written in the Constitution guaranteeing a person the right to smoke.
"It's a public health issue, not a civil rights issue," Baker said. "There's nothing written in the Constitution that says you can harm your workers' health. I've had so many workers say to me how much they appreciate the fact that they don't have to go home smelling of smoke. I'm glad to talk about this issue anytime."
Jolyn Tenn, of Hawaii Smokers Alliance, held a broom yesterday to illustrate her desire to sweep out lawmakers who voted in favor of the ban. She said the gun enthusiasts and motorcyclists asked to join the protest rally because they feel that helmets, gun laws and smoking bans all impede rights guaranteed in the Constitution.
"At a pub or at the state Capitol, it should be up to the business owner to decide what the policy will be on smoking in his or her own establishment," Tenn said. "The law is discriminatory."
Rick Davis arrived on his sidecar motorcycle in front of the Capitol with about five other cyclist, all wanting to support the smokers.
"I'm a nonsmoker," said Davis, a member of the Worldwide Motorcycle Club. "They have the right to smoke when there's adequate ventilation. I'm a gun enthusiast, and I feel the gun laws in Hawai'i are terrible. The laws impinge on our Second Amendment" rights.
Bill Comerford, Hawai'i Bar Association spokesman, held signs at the protest saying "Let the Owner Decide."
"People should be able to smoke a legal substance in a public or private space," Comerford said. "A lot of bars have lost business because you have to comply with the law."
Reach Suzanne Roig at sroig@honoluluadvertiser.com.