As the nation yesterday wound down celebrations recognizing hard-fought freedoms, a group of smokers, gun owners and motorcyclists exercised a constitutional right in front of the state Capitol, waving flags, signs and banners in opposition to the state's ban on smoking.

"It's a question of freedom of choice," said Marty Hill, a bar owner who flew in from the Big Island to join the protest. "We think it's a bar owner's right to choose to be either a nonsmoking or smoking establishment."

A group of about 20 people, from 1 to 3 p.m., protested the nearly 2-year-old old law that bans smoking in businesses, including bars and restaurants — even open-air restaurants — and requires smokers to be at least 20 feet from any public building before lighting up. The law is among the toughest in the nation and was pushed by Hawai'i anti-smoking groups for nearly two decades before it passed — touted as a way to protect people from secondhand smoke.

To comply with the law, Hill posted signs around his Kailua, Kona, bar reminding smokers that the law prohibits smoking in public places, "but if they choose to smoke, here's an ashtray."

State Sen. Roz Baker, D-5th District (South and West Maui), who was the lead sponsor of the bill banning smoking, said that while the protesters had a right to assemble, there is nothing written in the Constitution guaranteeing a person the right to smoke.

"It's a public health issue, not a civil rights issue," Baker said. "There's nothing written in the Constitution that says you can harm your workers' health. I've had so many workers say to me how much they appreciate the fact that they don't have to go home smelling of smoke. I'm glad to talk about this issue anytime."

Jolyn Tenn, of Hawaii Smokers Alliance, held a broom yesterday to illustrate her desire to sweep out lawmakers who voted in favor of the ban. She said the gun enthusiasts and motorcyclists asked to join the protest rally because they feel that helmets, gun laws and smoking bans all impede rights guaranteed in the Constitution.

"At a pub or at the state Capitol, it should be up to the business owner to decide what the policy will be on smoking in his or her own establishment," Tenn said. "The law is discriminatory."

Rick Davis arrived on his sidecar motorcycle in front of the Capitol with about five other cyclist, all wanting to support the smokers.

"I'm a nonsmoker," said Davis, a member of the Worldwide Motorcycle Club. "They have the right to smoke when there's adequate ventilation. I'm a gun enthusiast, and I feel the gun laws in Hawai'i are terrible. The laws impinge on our Second Amendment" rights.

Bill Comerford, Hawai'i Bar Association spokesman, held signs at the protest saying "Let the Owner Decide."

"People should be able to smoke a legal substance in a public or private space," Comerford said. "A lot of bars have lost business because you have to comply with the law."