KHON2 Local News

Implications for Hawaii after California same-sex marriage ruling

Tue, 07 Feb 2012 18:13:25 -1000

A federal appeals court ruled today that California's ban on same-sex marriage is illegal. It’s not yet known whether the California decision will be seen as too narrow to be considered precedent for a Hawaii case arguing civil unions don't go far enough.

A three-judge panel of the 9th U.S. Circuit Court ruled 2 to 1 that California's gay-marriage ban known as Proposition 8 violates civil rights. Two of the plaintiffs in a Hawaii suit filed against the state in the 9th Circuit see it as a milestone.

"I feel like I'm in the middle of a civil rights movement and I get to see these momentous things happen as steps toward the right direction,” said plaintiff Natasha Jackson-Kleid, an Ewa photographer.

She and Janin Jackson-Kleid were joined in a civil union last month after having been denied a marriage license in December. They filed a constitutional rights challenge against Gov. Neil Abercrombie and Health Department Director Loretta Fuddy in federal court. The state attorney general's response to the suit is due Feb. 21. Last week Friday the administration met with lawmakers to outline options. Tuesday, the California decision came down.

"I guess now it makes it a little more difficult for the attorney general to have a vigorous defense,” said Sen. Clayton Hee, chairman of the Senate Judiciary Committee, “and we'll see where this takes us."

"I spoke to the attorney general today," said Rep. Gilbert Keith-Agaran, chairman of the House Judiciary Committee. “I mentioned that maybe the caucus wants to meet with him in light of the decision by the 9th Circuit. I asked him what do you intend to do at this point? And he said, well, we still intend to mount a vigorous defense on behalf of the health director."

“I have the greatest respect for Gov. Abercrombie and Attorney General David Louie,” said attorney John D’Amato, representing the plaintiffs in the Hawaii case. “They have extremely difficult jobs to do, and I understand that they've got to consider all of the segments of the population in the decision that they arrive at. I would say, though, that when all is said and done, they need to think in terms of what is pono, what is just for a segment of this population that has been deprived of a right that should have been theirs 15 years ago.”

The attorney general's office said it won't have any comments on the Jackson v. Abercrombie case until they file their answer. The range of options remains broad. In a Connecticut constitutional challenge several years ago, the attorney general sent a deputy to mount the defense; its state supreme court ruled its civil union law wasn't strong enough, mandating same sex marriage rights. Last year on the day of the civil unions signing, the Obama Administration announced it would no longer defend the federal law that defines marriage as between one man and one woman. In the California case just decided, prior Gov. Arnold Schwarzenegger and former attorney general and now Gov. Jerry Brown both refused to defend the state's gay marriage ban.

“At first blush it looks like now there's a precedent that's binding on the U.S. District court here in Hawaii, but this was decided on such narrow grounds that I think they're still going to have to take a look at the facts of our case,” Keith-Agaran said. “For one thing it doesn't decide that under the Constitution that marriage is a fundamental right. Secondly the Proposition 8 stated that marriage was limited to 1 man 1 woman. Our amendment just said it was up to the legislature, and so it was the legislature who decided that we would not have same-sex marriage here. At this point, I think that there are still reasons to defend our law as it is.”

“A law enacted by the legislature nevertheless needs some sort of rational basis under federal analysis,” D’Amato said. “We are suing here in Hawaii, as the plaintiffs in California did, under the 14th Amendment which says that state laws including a constitutional amendment like Proposition 8 in California or the marriage amendment here can't deprive individuals of the equal protection of laws or of due process. What is the rational basis left for the states denying them the right to call themselves married?

“Clearly if you look what's going on in the nation, the 14th Amendment equal protection is being asserted,” Hee said, “and every court that at least I'm aware of has asserted that gay marriage is part of the 14th Amendment that needs to be defended. It appears to me we're headed that way. I guess the courts will rule, they'll make a recommendation, the legislature will no doubt be aware of the recommendation. Whether we run out of time or not will determine what we'll do.”

The couple suing for equal protection say they'd explain it this way to Hawaii's governor:
“I would tell him thank you for getting civil union approved, that's a great step in the right direction,” Janin said. “However, it's not enough. It doesn't cover everything that he's experiencing with his wife, we just want the same rights as he does.”

“When we explained to other people, they didn't necessarily understand what a civil union was," Natasha said, “and they're like, well why can't you say married? And I say exactly, and that's what we're fighting for. When someone comes up to me and says is this your wife, I want them to know yes, this is my wife. This is not practice. This is not us playing house, this is us together for life.”

“Hawaii is a very different place, not like any other state ofcourse, and we like that, we pride ourselves on standing out and being a very fair place and being about family,” Natasha said. “So I don't think that we should have any big brother state show us how to make our laws, and I feel like that's what's going to happen, like someone's waiting for a majority of other states to say ‘Yes.’ Why do we have to wait for that? We are already there. This is a very liberal and open place to live, so why wouldn't we just start here?”
In California following the federal ruling, same-sex marriage will remain on hold until supporters of the ban consider appealing whether to a full panel of circuit court judges or directly to the U.S. Supreme Court.

The attorney representing the plaintiffs in the Hawaii case explained where the California case is similar and different this way: “They focused on whether the state could deprive a minority of a right they already had [after the California Supreme Court decision in 2008 gay and lesbian couples did have the right to marry], without getting into the question of how fundamental that right was or anything else. The issue was simply could they be deprived of that right [by Proposition 8 which imposed a ban in response to the 2008 ruling]. And without a rational basis, the 9th Circuit said no they couldn't," D'Amato said. "Here in Hawaii, it is a little different because we're arguing for a right that gay and lesbian couples never had, though they came close to it in Baehr, and they would have had it in Baehr had matters been allowed to take their course.”

In the Baehr case, the Hawaii Supreme Court ruled in 1996 Supreme Court ruled in 1996 that same-sex couples being denied marriage was discrimination. Gay marriage was not enacted, however, prior to a state constitutional amendment against it in 1998.

“Gay and lesbian couples here have never had that right, so we're arguing that the state cannot deny them the right to marry when they've given them everything else that goes with marriage,” D’Amato said, “and that to do so, to deny them the right to marriage in this context, is an affront to their dignity and a disparagement of their relationships.”

Four Big Island students honored by President Obama

Tue, 07 Feb 2012 18:11:33 -1000

Students from across the U.S., including four from the Big Island, were honored by President Obama in Washington, D.C. today.

The Kohala Middle school students represented Hawaii in the national "we can change the world" science fair.

They focused their science project on the disposal of household batteries.

The team collected six thousand batteries in 60 days, and surveyed their community to gauge awareness on the issue.

The students are using their data to lobby the county for better recycling opportunities for batteries.

Ban of Sunday commercial activities at Kailua Beach Park faces final vote

Tue, 07 Feb 2012 18:08:14 -1000

HONOLULU- A bill that would outlaw nearly all commercial activities on Sundays at a popular stretch of beach in Kailua faces a final vote next week after being passed unanimously Tuesday by the City Council’s Parks and Cultural Affairs Committee.

Bill 5 was sponsored by Windward Oahu Councilman Ikaika Anderson more than a year ago after local residents complained large tour buses and unpermitted kayak rentals were taking over Kailua Beach Park, especially on weekends.

“They're taking up parking that should be reserved for residents,” testified Kailua resident Lisa Cates.

Anderson’s measure would also outlaw commercial vending activities at nearby Kalama Beach Park as well as all public beach access points in Lanikai.

Parks and Recreation Director Gary Cabato began revising administrative rules last fall to try and tackle the problem on his own, however a legal review could take as long as six months.

“Yes I am close to getting some resolution done,” Cabato told members of the committee, “but it's not going to move as quick as the community wants it done.”

A frustrated Anderson accused Mayor Peter Carlisle’s administration of dragging its feet, saying Bill 5 would not be under consideration if new administrative rules had been presented sooner.

“For whatever reason it's their failure to get out their final revision of their draft document,” said Anderson.

Several Kailua and Lanikai residents testified in support of Bill 5 during Tuesday’s committee hearing. They say unpermitted commercial activity has reduced parking and blocked beach access. Most of the complaints were directed toward four companies that provide kayak rentals by lining up dozens of the plastic boats on the sand at Kailua Beach Park.

“They're competing for space,” said Kailua resident Randy Cates. “For one guy to sit there with thirty-two kayaks for several hours and block access, that's where the conflict comes from.”

Currently, only one company, Naish Hawaii, is permitted to provide windsurfing lessons at Kailua Beach Park. There’s also a lunch wagon concession that sells food from two separate trucks. All other endeavors, including kayak rentals, operate without a license from the city.

Cabato’s revision of administrative park rules would allow only two permitted beach concessionaires to operate at Kailua Beach Park at one time. He says the winning bidders would be allowed to rent surfboards, boogie boards, standup surfboards, windsurfers and kayaks.

Bob Twogood of Twogood Kayaks Hawaii Inc. believes a system of permits would calm the situation greatly, but he hopes it’s not limited to the two highest bidders.

“A permit system that allows the drop-off of kayaks, if it were enforced, would solve the current problems and make it work for everyone in Kailua,” Twogood told Khon2.

Anderson said he would move to amend Bill 5 further when the full Council takes up the measure for a final vote next Wednesday. Anderson’s floor draft would include the following:

- Tour buses entering Kailua Beach Park would be limited to the turnaround area of parking lot.

- No tour buses would be allowed at the canoe halau parking lot at any time

- No concessions would be allowed from 1 p.m. Saturday until 6:30 a.m. Monday

- All rental kayaks must be launched from the DLNR boat ramp and must follow state boating rules

- An exemption would be made for canoe regattas held on weekends

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An Oahu teen fights to save camp for kids with heart problems

Tue, 07 Feb 2012 17:49:40 -1000

A Punahou high school senior is on a mission to lend a helping hand to local children suffering from heart disease.

The teen is raising money to fund a special camp for kids.

"She was born with a hole in her heart, we found out when she was two days old. I think the best word is devastating the shock and devastation of thinking that your child had potential life threatening disease," says Jasmine Mau-Mukai, Cara's mother.

Thankfully, three years later Cara Mukai's broken heart was fixed.

"She was one of the earliest cases of children who was able to have surgery here," says Mau-Mukai.

And now 17 year-old Cara wants to give back to Kapiolani hospital and the children currently being treated there.

"I was watching you tube videos of this guy named AJ Rafael and he put on a benefit concert for autism and I thought that was cool so I thought why not throw a concert for kardiac kids," says Cara Mukai, coordinating fundraiser.

The Punahou high school senior says a camp for kids with heart conditions was canceled due to lack of funding so she decided to step up and put together her own camp.

"The camp is free for everybody to attend so a lot of money needs to be raised," says Mukai.

The camp costs a total of $5,000 and thanks to a generous donor half of it is already paid for...so Cara decided to hold a fundraising concert this Saturday to make up the rest.

"I guess I just thought it was sad the camp couldn't happen just because there wasn't enough money I thought that wasn't a good reason so I wanted to try and do what I could to make it happen for the kids cause I know that it means a lot to them," says Mukai.

The heal a heart benefit concert will feature the mini heartbeats and other kardiac kids who love to sing and dance.

"This child I didn't know if she would live to think that she's gone on and she likes to sing and dance and do all these other things we are proud of her its really amazing," says Mau-Mukai.

Fundraiser will be held Saturday, February 11 at Olivet Baptist Church 1775 S. Beretania Street, 7-8:30 p.m.

City crews make another attempt to clear Occupy Honolulu

Tue, 07 Feb 2012 17:38:50 -1000

Another week, another sweep for unattended belongings left in city parks.

The city says it will continue to remove items as long as it needs to, no matter what "message" protestors are looking to send.

It wasn't the kitchen sink, but it sure appeared to be a living room recliner, removed from thomas square park after notice had been given.

"Any items that were left unattended in this area was moved off site, and will either be disposed or has been impounded," says Westley Chun, city facility maintenance department.

And those items can be reclaimed, free of charge, for thirty days.

While this second cleanup happened the handful of occupy protestors just stood by.
The city says it is simply following up on original complaints.

"Because we have received complaints in that area and we've done work there. we want to make sure that we go back and make sure that no other property is there," says Trish Morikawa, City office of Housing.

There were just a few protestors at the site, including D'Angelo McIntyre.

"Probably mobile, I wouldn't be surprised if we were at the Honolulu Hale, or even state capitol, because were some really strong people, and very determined. We'll go wherever we need to go," says D'Angelo McIntyre.

The city says it will continue the sweeps if necessary.

"You know we're really here to enforce the park closure. so, if any of our parks are supposedly closed, then that's the opportunity for us to go through and do our cleanups in the evening," says Albert Tufuno, City Parks and Recreation.

Dog the Bounty Hunter and wife show support towards bail bonds crackdown

Tue, 07 Feb 2012 17:16:31 -1000

Dog the Bounty hunter and his wife Beth are lending their support to a bill that they say many other bounty hunters do not support.

Dog and Beth chapman say the state is missing out on about 9 million dollars in uncollected bond money because of an antiquated system.

They testified this morning in support of senate bill 3068.

If a defendant skips out on their bail, the bail bonds man or bail insurance company is supposed to be held liable.

But the Chapmans say right now that's not happening...and the state is missing out on millions.

"That's a lot of money that goes into the general fund that pays for these programs that are supposed to rehabilitate the people that are charged with crimes," says Beth Chapman, bounty hunter/bail bonds.

"We need to tighten the bail bonds laws up to protect the public and to protect the state of Hawaii," says Duane "dog" Chapman, bounty hunter/bail bondsman.

The bill requires each court in the state to set up a system to collect funds owed to the state by bail bondsmen.

The bill would also make it so that bail bondsmen and their insurance companies who have not settled their unpaid bonds...cannot write any more bonds for defendants.

The measure passed the senate judiciary committee today.

Two people injured in Waikiki from falling tree branch

Tue, 07 Feb 2012 16:21:15 -1000

Officials say two people were injured from strong winds that caused a tree branch to fall on them while at the International Marketplace in Waikiki Tuesday afternoon.

Emergency officials say a 73 year-old woman and a 71 year-old man was taken to the hospital in serious condition.

The branch fell from a banyan tree and the area has been closed off.

Inspections for Hawaii zip lines under evaluation

Tue, 07 Feb 2012 15:44:11 -1000

HONOLULU (AP) - A fatal zip line accident last fall has Hawaii lawmakers asking whether the inspection requirements should be more stringent.

But those in the industry question whether the requirements proposed in Senate Bill 2433 go far enough. As one operator testified, inspections generally cost $5,000 and stretch across multiple days.

The bill, heard Tuesday, would require the Department of Labor and Industrial Relations to conduct $100 inspections. The department opposed the measure, suggesting an audit might be more appropriate.

The Labor Department is continuing to investigate the September accident that killed a construction worker and seriously hurt another.

The workers were testing adjustments they had made to the zip line when it snapped and one worker plunged 200 feet to his death.

The other was critically injured when a tower collapsed.

Brushfire on Hawaii Island causes evacuation in Kona

Tue, 07 Feb 2012 15:29:08 -1000

HILO, February 7, 2012 - The American Red Cross is in the process of opening a shelter at the Kekuaokalani Gym (Old Airport Gym) in Kailua-Kona for residents evacuated from their homes due to a brush fire.

WHERE Kekuaokalani Gym (Old Airport Gym), 75-5500 Kuakini Hwy, Kailua-Kona

WHEN The shelter is expected to open at 4pm.

Kona Police say they are evacuating the Pines a subdivision in Kona.

Hawaii Police officials say Route 19 between Henry and Lako and Hualalai Rd. between Nani Kailua and Route 19 closed due to brush fire.

Watch KHON2 News at 5, 6 and 10 for the latest on this developing story.

Hawaii County getting $1M to repair Kailua-Kona small boat harbor

Tue, 07 Feb 2012 14:20:37 -1000

WASHINGTON, D.C.,--- Hawaii County will receive $1,095,907 to repair tsunami damage at the Kailua-Kona Wharf Small Boat Harbor, Senator Daniel K. Inouye, Senator Daniel K. Akaka, U.S. Representative Mazie K. Hirono and U.S. Representative Colleen Hanabusa announced today.

The money will be used to repair extensive damage caused by the March 11, 2011, tsunami. The boat harbor’s pavement, revetment, parking areas, utilities, ramps, and the comfort station were all damaged during the tsunami.

Over 200 waves were recorded at varying heights with the high water mark being 4.5 feet above the wharf pier deck. The work also includes the restoration of 4,650 square yards of four inch thick aggregate concrete pavement and an eight inch sub-base.

The funds were received through a grant from the Federal Emergency Management Agency and will be administered by the Hawaii State Department of Land and Natural Resources.

“The Kona community depends on a safe and well maintained boat harbor for residents and visitors to use for recreation and business. As our nation continues to help the people of Japan recover from the March earthquake and tsunami, I am very pleased that the administration continues to recognize the need to repair Hawaii’s harbors,” said Senator Inouye.

“Federal assistance is critical to a small community like Kona as it recovers from a natural disaster,” said Senator Akaka, a member of the Senate Homeland Security and Governmental Affairs Committee. “FEMA, a key partner in disaster management, is providing over a million dollars to repair tsunami damage at the boat harbor. I thank FEMA for helping Hawaii rebuild, as we continue to support and pray for our extended ohana in Japan.”

“It’s been inspiring to see firsthand the way the people and small businesses of Hawaii Island have come together and picked themselves up since the tsunami last March. The assistance we’re announcing today will continue the ongoing repairs and improvements to help make the area safer and more accessible,” said Congresswoman Hirono, a member of the House Transportation and Infrastructure Committee.

“As we continue to help our friends in Japan rebuild after the devastating March earthquake and tsunami, I am pleased that Hawaii is receiving federal support to repair the damage our harbors and communities suffered from the disaster,” said Congresswoman Colleen Hanabusa. “The Kailua-Kona Wharf Small Boat Harbor is an important component of our state’s boating community and we must ensure these structural repairs are made for the safety of our residents and visitors.”