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The Honolulu Advertiser

Updated at 12:47 p.m., Tuesday, May 22, 2007

Attorney may sue Kamehameha over admissions policy

BY RICK DAYSOG
Advertiser Staff Writer

The ink is barely dry on the settlement preserving the Kamehameha Schools' Hawaiians-first admissions policy but one local attorney is already considering a new challenge to the century-old practice.

David Rosen, who helped represent local residents seeking to abolish the Office of Hawaiian Affairs and the Department of Hawaiian Home Lands in the Arakaki v. Lingle lawsuit, said he is interested in putting together a group of 10 to 20 students who are willing to challenge the Kamehameha Schools' admission policy.

Rosen said such a lawsuit would be patterned after the recently settled "John Doe" lawsuit in which an unnamed non-Hawaiian student alleged that Kamehameha's admission policy violated civil rights laws.

The school's admission policy was upheld by the 9th Circuit U.S. Court of Appeals in an 8-7 decision in December and the case was awaiting action by the U.S. Supreme Court when it was settled out of court.

"I'm opposed to the trustees' decision to implement a discriminatory admissions policy," said Rosen.

Kamehameha Schools spokeswoman Ann Botticelli said the trust will vigorously defend its Hawaiian-preference admission policy.

She noted that the settlement in the Doe case strengthens the school's position since the 9th Circuit's ruling is now the law in the 11 western states and territories that make up the 9th Circuit.

"By resolving our case, we strengthened our position against any future lawsuits," she said.

Founded by the 1884 will of Princess Bernice Pauahi Bishop, the Kamehameha Schools is a tax-exempt charity that educates children of native Hawaiian ancestry.

In a recent e-mail sent to his associates, Rosen asked people who want to join the lawsuit to contact him directly.

He said the names of potential plaintiffs who seek to overturn Kamehameha's admission policy would remain confidential.

He said prospects should have a non-Hawaiian school-aged child between ages 4 and 16 living in Hawai'i.

The children "must also have the intent to attend the Kamehameha Schools if accepted" and may be required to apply to the schools, he said.

Rosen's e-mail, which has been passed around the Kamehameha Schools community, has angered many in the Hawaiian community.

"The sad part is that people like Rosen are searching for an opportunity that will cost Hawaiian children their education," said Bob Moore, a 1953 Kamehameha Schools graduate.