Smokers find loophole in smoking banUPDATED 10:21 PM HST Jul 12, 2013Video Transcript
also, so it's not like we're revealing a secret. But as we're about to show you, even after Jan. 1, you CAN smoke at city beach parks. The smoking ban has already kicked in on the sandy areas of Ala Moana Beach Park. But starting next year the ban goes islandwide to all 284 parks across Oahu. STUART COLEMAN: "THIS IS ABOUT THE GREATER MAJORITY. THE RIGHTS OF THE PEOPLE ON THE BEACH, VISITORS, LOCALS AND THE ENVIRONMENT ITSELF." But smokers are fighting back, finding a loophole large enough for the Marlboro Man and Joe Camel to stroll right through. KAWIKA CROWLEY: "JANUARY 1ST OF NEXT YEAR, THE GREAT ALA MOANA BEACH SMOKE OUT." Smoke out as in light 'em up! The Hawaii Smokers Alliance was well aware of the loophole before being approached by KITV4. Because the high water mark is controlled by the state, smokers can light up at the water's edge at ANY city beach park since county laws don't apply. KIRK CALDWELL: "THAT IS A CONCERN TO ME. YOU KNOW IF WE'RE NOT ABLE TO ENFORCE THERE, THEN THAT IS A LOOPHOLE." ANDREW PEREIRA: "THE HIGH WATER MARK IS DEFINED WHERE WET SAND MEETS DRY SAND, WHICH MEANS IF YOU'RE SMOKING HERE YOU COULD BE CITED BY POLICE. BUT, IF YOU STEP OVER HERE, THERE'S NOTHING COPS CAN DO." KAWIKA CROWLEY: "YOU COULD BE RIGHT THERE IN THE HIGH WATER MARK, AND IT'S GOING TO BE A GREAT DAY IN HAWAII." But not so much for those who support the clamp down on smokers. STUART COLEMAN: "IT'S STILL ILLEGAL TO LITTER, SO IF THEY'RE DOING THAT PEOPLE WILL BE WATCHING THEM LIKE HAWKS 110 AND IF THEY DO LITTER, THEN THEY WILL BE CERTAINLY FINED." DLNR issued a statement to KITV4 saying... "...State DOCARE will continue to enforce state laws that prohibit carelessness with fire, littering, and water pollution . But banning smoking at the high water mark or beyond would require DLNR to write new administrative rules. KAWIKA CROWLEY: "DLNR IS GOING TO SAY, 'OK, ALRIGHT, HERE WE ARE ON THE SPOT. HELP STATE, HELP MAYOR. AND IT'S GOING TO HAPPEN, THEY'RE GOING TO HAVE SOME KIND OF THING WHERE 15-YARDS OUT IS THE LIMIT." When the smoking ban at parks takes effect on Jan. 1... the Hawaii Smokers Alliance plans on lining up dozens of smokers at the water's edge at Ala Moana Beach Park as a form of protest.