In Honolulu, the City Council just dropped attempts to criminalize its citizens for foul body odor. Bill 59, which was co-sponsored by City Councilmen Rod Tam and Nestor Garcia, would have made it a crime -- punishable by a fine up to $500, six months in jail or both -- to have offensive body odor. At first, Councilman Tam explained why the bill was needed:

"As we become more inundated with people from all over the world, their way of taking care of their health is different. Some people, quite frankly, do not take a bath every day and therefore they may be offensive in terms of their odor."

...barred "bringing onto transit property odors that unreasonably disturb others or interfere with their use of the transit system, whether such odors arise from one's person, clothes, articles, accompanying animal or any other source."

Police and the Prosecutor's Office raised concerns over the enforceability of the proposal as it is written, noting it would make it a crime to have body odor, and offenders would have a right to a trial by jury.

...

Honolulu Police Maj. William Chur said the department took no position on the bill, but was concerned over its potential to make criminal offenses out of activity such as eating, drinking or playing loud music.

"Up until now that hasn't been a criminal sanction," Chur said. "It may have been cause for a person to be asked to leave, but under this proposal these activities would, in fact, be criminal."

I'm sure we've all been on a subway or bus where the person standing next to us smells. But the answer is to move away from them, not send them to jail. Enacting a law like this would have been very subjective and ripe for lawsuits. Surely, these politicians have better things to do with their time.

Incidentally, Tam is also the city councilman who had to apologize last year for using the term "wet back" to describe undocumented Mexican laborers in Hawaii.

Sure, somebody's starting to stink around here, but it may not be the passengers.