Question: I thought a person in the military who is running for political office can’t use a photo of himself or anyone else in uniform while campaigning. What is the law covering this?
Answer: As long as the photo is not the "primary graphic" in an advertisement or commercial, it is allowed by the U.S. Department of Defense.
The DOD in 2008 issued Directive 1344.10 regarding what active duty members of the armed services, members of reserve units not on active duty (e.g., National Guard) and military retirees may and may not do in political campaigns or election events.
The policy is said to be "in keeping with the traditional concept that members on active duty should not engage in partisan political activity, and that members not on active duty should avoid inferences that their political activities imply or appear to imply official sponsorship, approval, or endorsement."
Nonactive duty members running for office may not "use or allow the use of photographs, drawings, and other similar media formats of themselves in uniform as the primary graphic representation in any campaign media, such as a billboard, brochure, flyer, Web site, or television commercial."
However, they may use or mention their current or former military service or photos in military uniform "when displayed with other nonmilitary biographical details."
And any such military information must be accompanied by "a prominent and clearly displayed disclaimer" that there is no endorsement by the DOD or any military department.
For more on the policy, see 1.usa.gov/1trPZNA.
Question: Once the King Street Cycle Track is completed, do bicyclists have to, by law, use it or can they still ride anywhere they want? Will they get cited if they’re not in the lane? I drive on King Street every day by Straub Hospital and see bicyclists go in and out of traffic whenever they feel like it.
Answer: "Where bicycle infrastructure is provided on the street, bicyclists need to use the infrastructure," said Michael Formby, director of the city Department of Transportation Services.
He pointed to Section 291C-145(c) of the Hawaii Revised Statutes, which says if there is "a usable bicycle lane," a bicyclist going "at a speed less than the normal speed of traffic moving in the same direction" has to ride in that lane, except when overtaking another bicycle, vehicle or pedestrian in that lane, when preparing to turn left or to avoid debris or other obstacles.
Formby said the city will be proposing changes to the law regarding protected bike lanes/cycle tracks to clarify the rules.
"For now, unless you are traveling at the speed of traffic, you should use the cycle track," he said.
It will be up to police to enforce the law.
Without a bike lane on King Street, "Bicyclists are free to ride on both sides or in a lane of travel," Formby said.
He noted that bicyclists even ride on sidewalks, which is not allowed in a business district, because they view that as being safer than riding on the street.
He pointed out that bicyclists are supposed to yield to pedestrians: "Putting in a protected bike lane is not a green light to ride without caution" and bicyclists have responsibilities as well, he said.
"A protected bike lane focuses riders in one place and should resolve the concerns expressed by pedestrians — disproportionately so by the disabled — and motorists," Formby said.
We’ve received other comments and questions regarding the cycle track, still under construction, and passed them on to Formby, who said more information about the cycle track will be given to the public shortly.
Mahalo
To the kind gentleman at the Dole Cannery mini-mart who gave up his reserved spaghetti lunch to me for a loco moco instead when I arrived late one day and the spaghetti was sold out. Your thoughtfulness is a shining example of the aloha spirit! — Thankful Thursday Latecomer
———
Write to “Kokua Line” at Honolulu Star-Advertiser, 7 Waterfront Plaza, Suite 210, 500 Ala Moana Blvd., Honolulu 96813; call 529-4773; fax 529-4750; or email kokualine@staradvertiser.com.
