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I Don't Like The Smell Of This Proposed Honolulu Law

By John Mesirow

Oftentimes, some things you just have to live with, like, say, smells you don't like. Actually, if a proposed Honolulu bill passes, you might not, at least in Honolulu. The question is, how does one determine if an odor "unreasonably disturb[s] others or interfere[s] with their use of the transit system?" Hey, Axe disturbs me. I think that's reasonable. The stench of stilton cheese disturbs me. Is that "reasonable?" If this law passes, and I'm driving the bus, ain't gonna be any Axe-wearing, stilton-toting passengers on board.

Here are the relevant portions of this idiotic proposed law:

SECTION 5. Chapter 13, Article 3, Revised Ordinances of Honolulu 1990, is amended by adding a new Section 13-3.1 to read as follows:

Sec. 13-3.1 Activities prohibited on transit property.

(b) The following actions are prohibited in, on or in relation to, all transit properties. ... a person who commits one of the following acts in, on or in relation to transit property is in violation of this section and subject to the penalties listed in Section 13-3.3(b).

(13) Bringing onto transit property odors that unreasonably disturb others or interfere with their use of the transit system, whether such odors arise from one?s person, clothes, articles, accompanying animal or any other source.[emphasis added]

The penalty?

Any person violating Section ... 13-3.1(b), or aiding, abetting, or assisting in any manner whatsoever another person to violate any of such provisions shall, upon conviction thereof, be fined in an amount not exceeding $500.00 or be imprisoned for a period not exceeding six months or be both so fined and imprisoned.

Know what "disturbs" the Juice? This ridiculous, ultra-vague proposed law. Here's a link to the Bill.

Full post as published by Legal Juice on September 03, 2009 (boomark / email).