LIHU‘E — The Legislature is again trying to serve the counties with a footloose challenge, as two state senate bills are trying to get the counties find the elusive definition of dancing. The law is clear: To allow dancing, an
LIHU‘E — The Legislature is again trying to serve the counties with a footloose challenge, as two state senate bills are trying to get the counties find the elusive definition of dancing.
The law is clear: To allow dancing, an establishment that serves liquor must have a license and meet certain space arrangement criteria. But what is not clear in the books is what dancing really means.
Two years ago, the Senate and the House tried to pass a law to mandate counties to define dancing, after Maui residents complained of being harassed for bobbing their heads and tapping their feet outside a designated dancing area in bars on Maui.
Anthony Simmons, president of Maui Dance Advocates, said in 2011 that he had seen people put into headlocks and thrown out of bars because they were dancing.
“It’s still going on, definitely,” Simmons said Monday.
Both 2011 proposals went nowhere, dying at committee hearings. In 2012, the proposals resurrected but didn’t make much progress.
This year, two Senate bills — SB 464 and SB 339 — are again asking county governments to define dancing.
The Senate seems to be taken the issue seriously, as one of those bills was co-introduced by nearly one-third of the entire 51-member Senate.
SB 464 was introduced by 16 senators, including Senate Vice President Ron Kouchi, D-Kaua‘i-Ni‘ihau.
“By not later than July 1, 2014, each county liquor commission shall adopt or amend rules regarding the expression or conduct of patrons in premises licensed to sell liquor for consumption thereon. The rules of each county liquor commission shall include a definition of the term ‘dancing.’” SB 464 reads in its current form.
SB 339 was introduced by four senators.
“A commission shall prescribe by rules adopted or amended … limitations on the expression and conduct of patrons in licensed premises which shall include a definition of the term ‘dancing,’” SB 339 reads in its current form.
Both bills state that such rules shall comply with constitutional provisions regarding government regulation of expression.
And then there are additional issues. Simmons said that screws on his ankle make it impossible for him to stand still.
“Technically, I’m breaking the law,” he said.
A week ago, both bills were referred to the Senate Public Safety, Intergovernmental and Military Affairs Committee, and SB 339 was referred to the Senate Judiciary and Labor Committee.
No date has been set yet for a hearing at any of these committees.
Visit www.capitol.hawaii.gov for more information or to send testimony through email.
