Maui wedding planner likely to appeal ruling

Advertiser Staff

WAILUKU, Maui — The lawyer for a Maui wedding planner who sued the county after being denied a permit to operate out of a beachfront home said he will probably appeal a decision last week by U.S. District Judge Alan Kay to close the case.

The lawsuit had been scheduled to go to trial Feb. 3.

Kay in June issued a partial judgment in favor of the county, dismissing claims that it violated Sandra Barker's constitutional rights of due process, free speech and the free exercise of religion. The judge also rejected her claim under the federal Religious Land Use and Institutionalized Persons Act, which prohibits zoning regulations that impose a substantial burden on religious expression unless there is a compelling governmental interest.

Barker's company, A Romantic Maui Wedding, began arranging weddings in 1998 at her Mahinahina home and provided access through her property for ceremonies on the public beach. Because the property is in a residential district, she applied for a conditional use permit, which the Maui County Council denied in 2000 after neighbors voiced opposition to the business.

The county later fined Barker $1,000 for continuing to conduct weddings on the beachfront property.

Barker received a $29,000 settlement from the state in 2001 after filing a federal lawsuit charging that her constitutional rights were violated by a state requirement that she obtain a right-of-entry permit to a public beach and pay for a state conservation enforcement officer to be at the weddings.

Barker's lawyer, Jim Fosbinder, said Kay has yet to issue a final written ruling on the lawsuit, but that he has already talked with Barker about a likely appeal.

Deputy Corporation Counsel Madelyn S. D'Enbeau was the lead attorney for the county.