Governor Togiola vetoes the American Samoa Smoke Free Environment Act
Governor Togiola Tulafono vetoed on October 30 the “American Samoa Smoke Free Environment Act,” which was the House version of two separate but identical Fono bills aimed at regulating the habit and practice of smoking in certain public and private places.
Togiola pointed out that under the measure, anyone who smokes in a public place is guilty of an infraction that is, by law, punishable by a fine no more than $200.
However, he added that the other provision of the bill provides that anyone who does not appear before the court to answer a citation shall be issued an arrest warrant, while yet another provision designates the failure to appear in court as a class B misdemeanor punishable by prison time of up to six months and/or a fine of no more than $500.
“What concerns me the most about this act is the possibility that a citizen may find himself in jail for up to six months at a time for violating a civil infraction,” the Governor wrote in a letter to Fono leaders.
He pointed out that under the Uniform Traffic Citation arrangement with the District Court, a person who fails to appear for an infraction usually has a default judgment entered against him/her. He added that unless a defendant can show good cause to the court as to why the court should quash its entered judgment, the individual is required to pay the assessed fine.
“I believe the same process should be used here,” Togiola wrote, adding that instead of requiring an arrest warrant to be issued against someone who fails to personally answer an infraction, a default judgment should be entered.
Togiola disagrees with provisions of the bill that allow owner of places like restaurants and bars to designate a smoking area on the premises, saying that this is a ‘way out’ for these businesses.
“As you are aware, some of our hardworking residents who are employed in such establishments currently have no choice but to tolerate smoke in their work environment,” Togiola wrote.
He added, “Providing a way out for some of these businesses will not only be unfair, but would also preclude a good portion of our workforce from enjoying the health benefits of a smoke-free workplace. I am a proponent of smoke-free living and I honestly believe that eliminating tobacco smoke from public places and places of employment is a step towards better health.”
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