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The Honolulu Advertiser
Posted on: Thursday, February 27, 2003

BUREAUCRACY BUSTER
Restricting entry by age isn't illegal

By Treena Shapiro
Advertiser Staff Writer

Q. Is it legal for a bar in Honolulu to have a minimum age requirement of 23 when the legal age to drink is 21? Ocean Club requires that people be 23 six nights per week, but allows 21-year-olds to be admitted one night per week. If this is allowed, what about setting maximum ages for entrance, such as 35 or 85? Is this illegal age discrimination or legal age discrimination?

A. It may be disappointing or irritating, but setting age requirements at public venues is not illegal or discriminatory.

The Liquor Commission says there are no federal, state or local laws that prohibit an establishment from restricting patrons to those 23 years of age or older. That's a business decision, says Carol Costa, a city spokeswoman.

Allan Lynde, an administrative services assistant at the Civil Rights Commission, verified that age restrictions in public accommodations are not covered by the state's discrimination laws. Hawai'i Revised Statutes Chapter 489-3 states: "Unfair discriminatory practices which deny, or attempt to deny, a person the full and equal enjoyment of the goods, services, facilities, privileges, advantages and accommodations of a place of public accommodation on the basis of race, sex, color, religion, ancestry or disability are prohibited."

While your question was about entry into a night club, the same principle also applies when businesses offer child or senior discounts.


Q. I live next to a townhouse project in Pearl City where there is a large monkey pod tree about 10 feet from the property line. There are several branches extending about 20 feet onto my property.

The tree produces a lot of rubbish year-round (falling leaves, pods, branches, flowers and bird droppings). What can be done to get them to cut the tree back to the property line regularly and to trim?

A. If the tree is privately owned, you'll have to work it out with the owner. If you and your neighbor are unable to talk it out, city spokeswoman Carol Costa offers two suggestions: Call the Mediation Center of the Pacific at 521-6767 to see if a third party could help bring about a resolution or hire a lawyer to draft a letter to your neighbor explaining the problem.

If the tree is on city property, however, Costa said, citizens wanting to have street trees trimmed that are within the city setback can call the Complaint Office at 523-4381.

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• Write to: The Bureaucracy Buster
The Honolulu Advertiser
605 Kapi'olani Blvd.
Honolulu, HI 96813

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