ACLU of Hawaiʻi Takes No Position in Grassroot Institute of Hawaii v. Lopez

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ACLU of Hawaiʻi Takes No Position in Grassroot Institute of Hawaii v. Lopez

HONOLULU, Hawaiʻi — After careful consideration, the American Civil Liberties Union of Hawaiʻi (“ACLU-HI”) has decided to abstain from taking a position on the ongoing lawsuit, Grassroot Institute of Hawaii v. Lopez. ACLU-HI declined to join the national American Civil Liberties Union (“ACLU National”) in the amicus brief it filed supporting the plaintiff in Grassroot Institute of Hawaii v. Lopez. In that case, the plaintiff challenges Act 11, a Hawaiʻi law that defines the powers afforded to corporations under state law.

“We recognize both the strengths of Act 11 and the potential First Amendment concerns raised by ACLU National in its amicus brief,” said Salmah Rizvi, Executive Director of ACLU-HI. “As we weighed our position, we consulted several respected local and national attorneys, former jurists, and legal scholars who believe that, because corporations are artificial entities whose powers derive entirely from the State, Act 11 permissibly limits the powers the State has conferred on them, including their ability to engage in certain election activities.”

“During the past legislative session, we watched allied organizations, community leaders, and members of our legal community fight the influence of dark money. Mindful of Act 11’s potential impact on our own ability to speak as a nonprofit, we nonetheless declined to oppose it, believing that some sacrifice of our own power may be necessary for the greater good of our democracy and the reimagination of our political systems. This is true now more than ever as the lines of separation between federal executive power and corporate power continue to be blurred under the Trump Administration,” Mandy Fernandes, ACLU-HI Policy Director added.

ACLU-HI Board President, Rick Schneider, said, “At ACLU-HI, we have long defended the freedoms protected by the First Amendment to the U.S. Constitution and Article I, Section 4 of the Hawaiʻi State Constitution — even when doing so was inconvenient or cost us friends. But we are also charged with building a more equitable society, and we commend legal activists who are seeking to advance novel legal arguments that may challenge the status quo. On matters of law and policy, we are nearly always aligned with ACLU National. This is a rare exception where we look forward to seeing how the courts will decide the issues at play.”

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The American Civil Liberties Union of Hawai‘i strives to build an equitable society. Our mission is to protect and promote civil liberties and fundamental rights enshrined in the United States and Hawai‘i constitutions through litigation, legislation, and public education. We serve – and center the voices of – our most impacted and vulnerable communities, regardless of background, status, or circumstance. As a non-partisan non-profit organization, we provide our services at no cost to the public, and we never accept government funds.