A retired military man who moved to Hawai'i from Florida has joined a federal lawsuit seeking to strike down a state law that requires most who apply for state and county jobs be state residents.

The American Civil Liberties Union of Hawai'i filed the lawsuit last month on behalf of Florida resident Kevin Walsh — who had applied for city jobs — and yesterday expanded the scope of the suit to Blane Wilson, who moved to Hawai'i in April.

The ACLU of Hawai'i's legal director, Lois Perrin, said Wilson is not even allowed to apply for state and county jobs because he maintains legal residency in Florida. Wilson, who is retired from the military, moved to Hawai'i in April, with his wife, who is on active duty in the military.

Perrin said the expanded suit also opens the lawsuit to people who have been rejected by the state.

"This residency-hiring requirement is keeping dedicated, qualified individuals from government service, which is harmful to all Hawai'i residents who have the right to expect and demand a fully functioning government," she said.

Hawai'i Attorney General Mark Bennett said yesterday he believes the issue remains open to legal argument since the U.S. Supreme Court has not ruled on the matter.

But he said he is prepared to defend the law in court.

"I believe it is constitutional for the state of Hawai'i to reserve state jobs for those who are residents of Hawai'i at the time they apply," Bennett said.

In Wilson's case, Perrin said he is not even allowed to be considered for jobs because of residency.

"He's getting rejection letters at his Kailua address," she said.

She said Wilson applied as a police evidence specialist as well as for state public health jobs.

The law allows government to make some exceptions in considering whether applicants are former residents, are applying to be police officers or are seeking hard-to-fill jobs.