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The Honolulu Advertiser
Posted on: Monday, May 12, 2008

Bill would prohibit liquor ads near parks

By Will Hoover and Eloise Aguiar
Advertiser Staff Writers

A proposed Honolulu City Council bill designed to outlaw liquor ads near O'ahu's public parks would affect small markets and grocery outlets across O'ahu — especially those along Farrington Highway on the Wai'anae Coast.

That narrow corridor hosts miles of convenience stores on the mountain side of Farrington that sit directly across the two-lane roadway from a virtual coastline of ocean-side beach parks.

The stated purpose of Bill 37 is to "protect the health and safety of the public, particularly of minors, by restricting the placement of advertisements of intoxicating liquor and liquor products within 500 feet of public parks."

The measure cites recent studies that detail an alarming number of school kids that participate in routine binge drinking, as well as evidence indicating that early alcohol use leads to later problems, and that liquor ads contribute to underage drinking.

Patty Teruya, chairwoman of the Nanakuli-Ma'ili Neighborhood Board, spearheaded the proposed ordinance along with Councilman Todd Apo, who introduced the bill last Wednesday.

"These signs are not healthy in our community," said Teruya, who said she has been disturbed by the growing number of beer signs posted within viewing distance of public parks. "Our keikis use these parks everyday."

If passed, the measure would extend a law already on the books — Ordinance 00-50 — that bans liquor ads within 500 feet of any school. Young people who used parks near where liquor ads appear are unavoidably exposed to the influence of beer and other alcoholic beverages, Teruya contends.

But Richard Botti, president of the Hawai'i Food Industry Association, said his organization opposes Bill 37 because it's too broad and unfairly penalizes smaller stores that can't afford the sort of ad campaigns used by large supermarkets.

He also said the bill addresses a symptom — minors drinking — while avoiding the problem — kids who aren't being taught how to behave responsibly. According to Botti, Bill 37 is a misguided attempt to legislate retailers into doing what parents ought to do — "educate their children about how to drink, when to drink, and when not to drink."

Botti said his association wants the City Council to do an impact statement assessing who the ordinance would impact the most, and whether it would actually solve the problem.

"Because you're still going to have the beer truck out there, (such vehicles are exempt from the bill and the current law), and you're still going to have advertising inside the store," he said.

Comparing Bill 37 to similar rules restricting cigarette ads, Apo said he believes in general the public is supportive of not exposing youngsters to alcoholic advertisements. But he acknowledged that when he introduced the measure he realized it would present challenges. Restrictions in school zones are not the same as public parks, he said.

"There are some kinks we need to work out," said Apo following a meeting with city attorneys.

"One is that we address constitutional issues appropriately. And so you have to make sure that there's a specific governmental interest that's being protected by this measure, and that it's tailored in a fashion that isn't overly broad."

The bill has moved past its preliminary reading but is not scheduled for committee discussion this week, Apo said. Because it's important that the wording be carefully crafted, he said he wouldn't want to see it move out of committee until it has been revised.

As might be expected, some merchants disagree with the proposed bill's intentions.

Gardenia Kamealoha, long-time clerk at Yuen's Grocery and Liquor — an iconic Nanakuli mom-and-pop shop across from Ulehawa Beach Park (known locally as "Depots") — is one of them.

Like other markets on the coast, Yuen's features beer ads posted on the store front that can be seen from the park less than 500 feet away.

Kamealoha questioned the effectiveness of Bill 37 in light of the fact that numerous public park and beach events throughout O'ahu are sponsored by beer companies.

"I think they need to go back to the drawing board on this one," said Kamealoha. "I don't think it was very well thought out. I hope it doesn't pass."

Reaction elsewhere on O'ahu was mixed. From Waimanalo to Kahuku oversized advertisements for beer and alcohol are limited to a few stores, and only one in Kailua would be affected if the law is amended to include public parks.

Michael's Liquor on Kailua Road, across the street from Kailua District Park, is plastered with signs and would be affected if the bill passed. Their colors are bright and their message subtle, but it's clear what is sold there.

Store owner Sookhee Son said she isn't worried. "I don't think it's going to pass this year."

At another park in Kailua, Kalapawai Store owner Don Dymond said he not only supports the new bill, he thinks it should go further.

"I don't think they should be limited to 500 feet from a park or school," Dymond said. "I think they should come down everywhere.

Kalapawai, which sits just outside of Kailua Beach Park, has no liquor advertisements and doesn't sell cigarettes. He said ads degrade neighborhoods and the more risque ones are obviously targeting young people.

"If you're trying to get a new drinker or a new smoker then you're looking at kids and I don't think there should be any marketing to kids."

Meanwhile, back on the Wai'anae Coast, a group of about 30 people gathered in Ma'ili Beach Park for an Alcoholics Anonymous meeting. Across the highway, less than 500 feet away, beer advertisements punctuated the front of the Maile "Pink" Market.

After the meeting the young woman who headed up the get together said she had her doubts about Bill 37.

"I don't know," she said, identifying herself only as Angie since AA members remain anonymous. "I don't think it would get passed."

Although Angie, who has been sober for a year, said the bill is probably well-intended, she didn't think it would achieve its purpose. Alcohol is a legal product with which most people young and old are familiar, she said. As a drinker she said liquor ads, publicly posted or otherwise, had never had a bearing on her habit.

In the end, she said, "it's up to the person if they want to go and get the liquor."

Reach Will Hoover at whoover@honoluluadvertiser.com and Eloise Aguiar at eaguiar@honoluluadvertiser.com.