Posted on: Friday, December 6, 2002

Judge upholds Waikiki picketer's right to display 'crime area' sign

By David Waite
Advertiser Courts Writer

A Manoa man can continue to hold up signs proclaiming Waikiki a "violent crime area" despite attempts by a newly opened, upscale shopping mall to force him to go elsewhere, Circuit Judge Sabrina McKenna ruled yesterday.

John Cook, 45, has been holding his sign in front of the Kalakaua Southseas mall, whose tenants include Gucci and Tiffany and other high-end retailers, warning pedestrians and motorists alike that Waikiki is far from the tropical paradise it is made out to be.

Earlier in the week, McKenna refused to grant the mall's owner a temporary restraining order that would have prevented Cook from displaying his sign on the public sidewalk in front of the mall.

And yesterday, McKenna denied a request for a preliminary injunction that sought to keep Cook from displaying his message within 150 feet of the building.

Mall attorney Leroy Colombe told McKenna at the hearing yesterday that Cook was engaging in "scapegoat picketing," implying that the mall was somehow responsible for a series of Waikiki murders and a severe beating that Cook suffered seven years ago on a different piece of property in the district.

Colombe said Cook's sign, with "violent crime area" written in large red letters, must surely have a negative impact on customer traffic at the new mall.

"I don't think anyone likes to have someone marching up and down in front of their home, their business, their store or whatever carrying a sign saying it's a high-crime area," Colombe said.

McKenna, who announced at the start of the hearing that she was not inclined to grant the mall's request, asked Colombe, "What law has he violated?"

In response, Colombe said, "We don't believe his First Amendment (free speech) rights extend to that extent.

"Mr. Cook would still be allowed to exercise his first amendment rights, but not in front of our store," Colombe said.

What hardship on the mall has Cook caused, McKenna asked.

It's bad for business, Colombe answered.

"How many people has it kept from going in, we don't know," Colombe said.

"Is he bad-mouthing your store," McKenna asked.

"Not directly," Colombe answered.

Ted Baker, acting on behalf of the American Civil Liberties Union and representing Cook at yesterday's hearing, called Cook's sign-holding "a clear case of public expression in a public forum."

Baker said Cook routinely stands at the corner of Kalakaua Avenue and Kalaimoku Street twice a week from 7 to 10 a.m., has never tried to impede pedestrian traffic and has never been asked to leave by police.

"The plaintiff seems to be saying, 'Mr. Cook should express himself in someone else's backyard, not mine,' " Baker said.

McKenna said the mall failed to meet the criteria necessary for her to issue a preliminary injunction against Cook.

After the hearing, Cook said he was nearly beaten to death at the Kuhio Surf Club on Kuhio Avenue seven years ago, that it took him three years to recover and that he has carried various signs warning the public about violence in Waikiki for the past four years.

"What I'm saying has nothing to do with (Kalakaua Southseas)," Cook said. "For six weeks, they have been coming up to me and saying they own the city sidewalk and I've always told them, 'Just show me something and I will leave.'

Cook said he had no intention of holding his sign this evening, when a grand opening is planned for the mall. But he said he is unhappy about being taken to court and having to defend his constitutional rights.

"I might just change my mind," he said.