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The Honolulu Advertiser

Posted at 11:49 a.m., Monday, June 10, 2002

Air passengers' rights violated, ACLU says

By Rod Ohira
Advertiser Staff Writer

A dentist from Hermosura, Calif., who was taken off an interisland flight, detained for two hours and cited for complaining about being searched at three different security checkpoints at Honolulu International Airport on May 10, was punished for expressing his views, according to the American Civil Liberties Union.

"It's a matter of principle," ACLU attorney Brent White said. "People have the right to complain, even after Sept. 11, and to challenge an order of government."

Dr. Fred Stuart and his traveling companion, Pauline Espitia, a college professor, were scheduled to fly from Honolulu to Lihu'e, Kaua'i, on Hawaiian Airlines on May 10. The couple consented to security searches.

Espitia expressed concern after the third stop that she was being singled out because of her race.

Stuart was issued an airport complaint and summons for "harassing another person with loud and demeaning or threatening conduct," while Espitia was cited for the same offense and also "intentionally touching another person without that person's consent."

Pamela O'Leary Tower, an ACLU attorney, said Stuart and Espitia have the right to express their displeasure.

Tower today told District Judge Christoper McKenzie that Espitia has paid $25 each for two citations. Stuart will contest his citation. Trial is set for Aug. 6.

In an unrelated case, McKenzie granted attorney David Hayakawa's motion to continue plea and arraignment for American Airlines pilot Harry Hartsough, accused of assaulting Honolulu Airport screener Michael Botelho. Hartsough's plea and arraignment is set for June 24.