Pubdate: Fri, 19 Sep 2014
Source: Honolulu Star-Advertiser (HI)
Copyright: 2014 Star Advertiser
Contact: 
http://www.staradvertiser.com/info/Star-Advertiser_Letter_to_the_Editor.html
Website: http://www.staradvertiser.com/
Details: http://www.mapinc.org/media/5154
Author: Rob Shikina
Page: A19

SETTLEMENT VOIDS PERMIT REQUIREMENT FOR RALLIES ON STATE PROPERTIES

The state has agreed to eliminate a rule requiring permits for 
protests at the Capitol and other state properties.

In a settlement reached in federal court earlier this month, the 
state said it will repeal a requirement for groups of 25 or more to 
obtain a permit to demonstrate on state property.

The permit had to be requested 14 business days in advance and 
required the applicant to get insurance to protect the state from 
possible damages.

The American Civil Liberties Union of Hawaii sued the state in March, 
claiming the administrative rule violated the First Amendment by 
stifling spontaneous demonstrations. The lawsuit also said state 
officials would sometimes waive the permit requirement without 
outlining the guidelines for waivers, which allowed officials to 
approve demonstrations based on their message.

"The settlement will make it easier for people who want to 
demonstrate or protest on state property," said ACLU attorney Dan 
Gluck. "It will go a long way towards protecting First Amendment rights."

While groups no longer need a permit, one can still be requested in 
case a group wants to reserve a particular space or set up equipment 
other than a small table, said Hawaii Attorney General David Louie.

Insurance is still required for a permit, but that can be waived if 
applicants have proof they were denied insurance.

Pamela Lichty, a co-plaintiff in the lawsuit, said her group, the 
Drug Policy Action Group, was burdened by the rules in the past and 
had to request help from the ACLU to get an insurance waiver from the state.

"The nature of political demonstrations is that sometimes they have 
to be immediate," she said. "It was very chilling to say you need 
$100,000 of insurance before you can do this."

She expects her group will be rallying at the Capitol about medical 
marijuana this legislative session.

In the settlement, the state also agreed to pay attorneys' fees for 
the plaintiffs, totaling $12,401.

Gluck said that before filing the lawsuit, the organization had been 
trying to resolve the issue since 2010. The state attorney general's 
office declined to comment on why the state didn't amend the rules in 
the years before the lawsuit.

Alexandra Rosenblatt, another attorney for the plaintiffs, said the 
settlement encourages political involvement.

"Without the permitting requirement, people can show up, and they can 
know that they can lawfully demonstrate in a quick amount of time," 
she said. "I think it would encourage involvement and activism."
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MAP posted-by: Jay Bergstrom