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The Honolulu Advertiser
Posted on: Thursday, August 22, 2002

EDITORIAL
Councilman's stand is getting tiresome

Honolulu City Councilman John Henry Felix says he stood up for principle in his refusal to back down from his home wedding business in the face of citations and fines. And now, a judge has ruled that Felix is in violation of the law with his home business.

Every citizen has a right to "fight City Hall." That must be the principle in question.

But the point all along here is that Felix is a sitting councilman, one of the nine who write the very laws he chooses to so publicly and expensively disagree with. This case has already cost taxpayers some $20,000 (at last count).

And unhappily, this case may end up setting a precedent that will gut the intent of the city zoning law in question.

Felix insists his business is a legal home business similar to those that teach swimming or hula or care for children. Circuit Judge Eden Elizabeth Hifo ruled that Felix is wrong, in the sense that he has indeed been in violation of the city land-use regulations all along.

But in a troubling wrinkle, the judge added that with some relatively minor construction work, Felix could bring his enterprise into compliance.

Felix's dismayed neighbors fear the judge's ruling will inspire "a little corridor of wedding businesses in what is supposed to be a residential area."

It therefore is necessary for the council, with or without Felix, to quickly amend the law to more effectively defend residential neighborhoods and more clearly define what is meant by an allowable home business. We don't believe the council ever envisioned the sort of traffic that a business such as Felix's may generate.

Finally, Felix says he hopes to "enter negotiations shortly" with city officials to see how much of an estimated $100,000 or more in fines he may have to pay. What's to negotiate?