ACLU files suit to protect protesters
| • | AFL-CIO gives statement |
By Robbie Dingeman
Advertiser Staff Writer
The American Civil Liberties Union yesterday asked the federal court to step in and prevent the city and state from enforcing regulations that the group believes would prevent protesters from holding a peaceful march outside the Asian Development Bank conference May 9.
Bruce Asato • The Honolulu Advertiser
ACLU legal director Brent White said the organization has been meeting with state and city officials for more than two months.
Brent White, right, legal director for the ACLU, discusses the suit against city restrictions on the ADB protests. From left: plaintiff Matt MacKenzie and ADBwatch's Carolyn Hadfield and Amy Hagemeier.
"Rather than compromise, we have been met with an intentional strategy of deceit, debate and delay," he said.
Leaders from 60 member nations are expected to meet May 7-11 at the Hawai'i Convention Center. Although the bank was founded to foster economic and social development in the Asia-Pacific area, social activists and other critics say it approves loans that exploit the poor and harm the environment.
The ACLU filed a lawsuit against Honolulu police chief Lee Donohue, assistant chief Boisse Correa, city parks director Bill Balfour, city transportation services director Cheryl Soon; the state, the state's Hawai'i Tourism Authority; and Sidney Hayakawa, deputy state public safety director.
A police spokeswoman referred comment on the matter to city Corporation Counsel David Arakawa who said government officials are "bending over backwards" to meet the requirements of the protesters and the ACLU.
"Since the 23rd of March, we've met weekly," Arakawa said. "The city has no intention of curtailing free speech."
No state officials responded to a request for comment. White maintains that the city has refused to grant a proper permit for the "March for Global Justice" planned for May 9 by ADBwatch, an umbrella organization of academics, activists and cultural rights groups who protest bank policies.
The protest groups yesterday said at a news conference on the Ala Wai Canal side of the Hawai'i Convention Center that they would like to hold the march on the wide shady promenade near the canal but city regulations would force them "onto narrow sidewalks across the Convention Center (Atkinson Boulevard and Kapi'olani Boulevard) where they will face a very real risk of arrest for obstruction."
Amy Hagemeier said she plans to protest because she believes attention needs to be called to the bank's policies.
"I fear for my safety just simply because they have spent so much money on riot gear," she said.
White said pushing the protesters away from the delegates prevents them from communicating with those they want to reach.
"By trying to shut down free expression, the city and state are unwisely increasing the possibility of confrontation, rather than ensuring peaceful protest," he said.
Arakawa said the latest request indicated organizers did not want to be on the promenade. He said the latest proposal would allow the march to stop "for one hour in front of the convention center."
He said such an agreement is "unheard of" for parades for other organizations. "We've been accommodating all the way."
Arakawa said the city is coordinating with the Hawai'i Tourism Authority to allow protesters to present their petition to someone from ADB. White said the city is requiring protesters to secure general liability insurance, knowing that it is unavailable. Arakawa said the insurance requirement is standard and the city has agreed to provide police to handle parade duties and post signs, both of which the city normally requires parade sponsors to pay for themselves.
Arakawa said the promenade area will be used sparingly because "the convention center applied for and received a permit to use the promenade for emergency evacuation."
