At Week’s End: Smell without sense
Wow. Don’t forget your deodorant if you’re planning to vacation in Honolulu.
The City Council there is considering criminalizing bad smells on public transit.
A proposed ordinance would make it illegal to have “odors that unreasonably disturb others or interfere with their use of the transit system.”
Punishment for stinkiness? A $500 fine and/or up to six months in jail.
There’s just one little problem … well, OK, there are several.
A committee has postponed consideration because of a pesky “technical” issue that was discovered: Council can’t pass ordinances declaring criminal behavior. Only the state Legislature can do that.
Meanwhile, the American Civil Liberties Union has problems with an ordinance that is so vaguely worded, it could be unevenly — even discriminatorily — applied. (Smelly people of the world, unite!) What standard would a police officer use for making an arrest? His nose? His mood? His prejudices?
After all, there’s no radar gun for stinkiness.
If Albemarle County is having trouble quantifying how much noise from a barking dog is too much noise, how can Honolulu quantify how much odor from stinky people, or clothing, or dogs, is too much odor?
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