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The Honolulu Advertiser

Posted at 3:01 p.m., Thursday, February 2, 2006

Ruling affects Hawai'i residency requirement

Advertiser Staff

U.S. District Judge David Ezra has granted a request by the American Civil Liberties Union for a preliminary injunction to stop the enforcement of a statewide pre-employment residency requirement, which prevented people from applying for government jobs in Hawai'i because they were not yet residents.

Yesterday's ruling affects all government positions with the state, and the city and county of Honolulu.

"The state's position violated the fundamental right to travel under the (U.S.) Constitution," Lois Perrin, legal director of the ACLU, said in a statement today.

The ACLU sued on behalf of Kevin Walsh, a Florida resident who tried to apply for several positions posted by the city. Walsh was immediately denied the opportunity to apply based on the requirement enacted in 1978.

"I am pleased that an unfair barrier has been eliminated," said Walsh, in a statement.