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The Honolulu Advertiser
Posted on: Sunday, May 27, 2007

COMMENTARY
Let high court hear admissions issue

By David B. Rosen

There has been much attention in the media and the community about my recent efforts to challenge the admissions policy of the Kamehameha Schools — specifically, the trustees' continuing decision to impose a racial classification to exclude those with no Native Hawaiian ancestry. There also has been speculation that my involvement is motivated by money, that I am anti-Hawaiian, and that I am just another Mainland haole who doesn't get it.

So let me set the record straight.

I am not anti-Hawaiian, nor am I pro-Hawaiian. I am neither anti nor pro any race. Like many others in Hawai'i, I believe that consideration of an individual's national origin or race is immaterial for any reason other than human interest. In particular, I believe that social services — education, healthcare, housing assistance, etc. — should be available based on need and/or merit as may be appropriate, but not simply because of what Warren Buffet has described as the "ovarian lottery."

I do, however, believe that culture and tradition are important, but these are best shared, not hoarded. In other words, I believe that someone can embrace the Hawaiian culture and "being Hawaiian," even though their ancestors may be from somewhere else. In this regard, I believe that while we need to understand the past and learn from it, we cannot return to the past or undo it.

I was, therefore, extremely disappointed when the trustees decided to pay "John Doe" to settle his lawsuit rather than allowing the United States Supreme Court to consider this issue and give the trustees guidance on their legal obligations.

Had the trustees allowed the "John Doe" case to be considered by the highest court in the land, I would have been satisfied with whatever decision was reached, and I would not be seeking to bring another lawsuit against Kamehameha Schools.

Most importantly, the community as a whole would have had an answer, and this issue could have been put to bed.

Because this resolution was not permitted, the need for another lawsuit exists. Despite the protestations of the trustees, their army of attorneys and public relations machine, a 7-8 decision by the 9th Circuit does not constitute well-settled law. To ensure that the trustees are not able to buy off another lawsuit, I am attempting to put together a sizeable group of plaintiffs for the next lawsuit.

I am not undertaking this case because it is going to be fun or because I need the work. I have a busy legal practice, and I would much rather spend what limited free time I have with my family rather than in my office writing legal briefs and reading angry e-mails.

However, my family and I have made the difficult decision to make this sacrifice because we do not want our children growing up as second-class citizens in their own home.

Those with whom I have spoken about participating in this lawsuit expect to make similar sacrifices for the same reason; none of them have made any mention of seeking a monetary settlement.

To those who still believe this is about money, I am publicly making this offer. I will agree to limit my fees in this case to $1, provided that counsel for the Kamehameha Schools and the trustees agree to do the same.

I am also willing to obtain an agreement from any potential clients I may represent in this case that they will not seek any monetary damages, provided that the Kamehameha Schools and the trustees agree to assist in having this issue put before the U.S. Supreme Court on an expedited basis.