News & Commentary

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In October 2012 the ACLU of Hawaii initiated an open records request seeking the forms used in signing up patients for Hawaii’s Medical Marijuana Program. See the letter from the Department of Public Safety (and the forms) click here.

Read the Amicus BriefCivil rights advocates the American Civil Liberties Union of Hawai‘i Foundation (“ACLU”) and the law firm of Alston Hunt Floyd & Ing ("AHFI") have asked the Hawaii district court for leave to file an amicus brief (also know as a "friend of the court" brief) in support of equal access to court proceedings by all journalists.The Hawaii Guerrilla Video Hui ("the Hui") states that its mission is to "document and share the stories of what is really happening in Hawaiʻi, especially in places where those abusing power meet those standing against that abuse." The Hui is comprised of Kamuela Vance Viveiros, H. Doug Matsuoka, and Laulani Teale.  Mr. Kamuela is a long-time Olelo producer, and his documentary, Kalo Culture, will be premiering at the Hawaii International Film Festival this year.  The Hui was also recently awarded a grant from The Hawaii People's Fund and The Kim Coco Iwamoto Fund for Social Justice to continue coverage of frontline social justice activities, and has covered courtroom proceedings in the past.The Hui filed an application to document the proceedings in a Hawaii District Court case involving a Hawaiian rights activist fighting a disorderly conduct charge; that application was granted by the Honorable Dean E. Ochiai, but a different judge presiding over the criminal trial ordered Judge Ochiai to reconsider that application based on her belief – which she did not fully explain – that the application may not have been “providently granted.”  The ACLU’s proposed amicus brief discusses the importance of equal access to courtroom proceedings, and asks the Court to base the grant or denial of the Hui’s application on court rules (and not on the Hui’s viewpoint or editorial stance).In submitting the proposed amicus brief, AHFI attorney Brandon Segal said:  "A diverse and free press is a cornerstone of our Constitution, and all voices must be treated equally by the government."ACLU Senior Staff Attorney Daniel Gluck concurred: "Judges have discretion in when and how to allow journalists into their courtroom, but once it is granted, they cannot discriminate.  We want to make sure that all journalists, regardless of viewpoint and regardless of whether they are part of a traditional or 'alternative' media organization, receive equal access."The case has a hearing scheduled for October 17, 2012 at 1:30 p.m.

By Ama Debrah, 2012 Summer Legal Program InternThe disproportionate number of Native Hawaiians involved in Hawaii’s criminal justice system was at the heart of the Native Hawaiian Justice Task Force Summit, held on June 7-8 in the Hawaii State Capitol Auditorium.   The ACLU was there to find out more and consider how it could help to ensure that the government treats all individuals fairly and equally.Spurred by an alarming report from the Office of Hawaiian Affairs (“OHA”) that found that the criminal justice system’s discriminatory treatment of Native Hawaiians is responsible for their disproportionate number in the criminal justice system, the task force sought to engage the community and learn more about the problem and possible solutions.[1]  Unfortunately, the criminal justice system’s discrimination against minorities and the resulting overrepresentation in the criminal justice system is not a new phenomenon.  Race and Ethnicity in America: Turning a Blind Eye to Injustice, a 2007 ACLU study, reported that minorities are “selectively targeted, and disproportionately arrested, charged, indicted and prosecuted.”[2]  Comparisons between Hawaii’s minority populations and those on the mainland demonstrate striking similarities.

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Baldwin High School Girls Softball Team, March 2010The Baldwin High School Girls’ Softball Team should be practicing on its new field by the start of the 2012 season – right on schedule!  The State has made substantial progress on construction of the new field, which was negotiated as part of a settlement agreement with the State and Mau