Parade dispute could lead to city guidelines

By David Waite
Advertiser Courts Writer

After meeting in private with a federal judge for about 90 minutes yesterday, a lawyer representing several lesbian and gay groups and a city attorney said they hope to come to an agreement that will clarify the city's role in organizing or sponsoring parades in the future.

Gregory Swartz, city deputy corporation counsel, and Brent White, legal director for the American Civil Liberties Union's Honolulu office, said that U.S. District Judge Helen Gillmor urged them to negotiate a settlement to the lawsuit brought against the city last month by the ACLU after the gay and lesbian groups were told that they could not participate in the "Kids Parade" held July 5.

Two days before the parade, Gillmor rejected a request by the ACLU for a court order that would have required the parade's sponsor, the Hawaii Christian Coalition, to allow members of the gay and lesbian groups to participate.

Garret Hashimoto, the Christian Coalition's state chairman, had threatened to cancel the parade had Gillmor ruled in favor of the gay and lesbian groups.

But Gillmor ruled that because the parade was privately sponsored by the coalition and not by the city, the groups did not have a constitutional right to participate.

"The city believes the case is moot and the lawsuit should not go forward," Swartz said after meeting with Gillmor.

But White said he intends to amend the lawsuit filed by the gay and lesbian groups to ask for monetary damages.

White has claimed that the city's role in organizing the parade was much larger than city officials will admit. He has collected a number of documents, including notes taken during parade organization meetings, that he said show significant city involvement in putting the parade together.

White said he also is concerned that the related Family Day Festival, held throughout the day July 5 at Kapi'olani Park, where the parade ended, was primarily a religious event, akin to a "revival meeting."

"We are going to sit down with the city and hopefully come to an agreement on what the city can or can't do in terms of sponsorship of these types of events," White said.

He disputed Swartz's statement that the issue is moot, saying he wanted to ensure that his clients would be able to participate in future parades.