Wednesday, December 31, 2003

Student to appeal
school lawsuit

The suit contests the admission
policy of Kamehameha Schools

A non-Hawaiian student has appealed a judge's decision to dismiss the student's lawsuit to overturn the Kamehameha Schools' Hawaiian-preference admission policy

In legal papers submitted to U.S. District Court yesterday, attorneys Eric Grant and John Goemans said they are appealing their case to the 9th U.S. Circuit Court of Appeals in San Francisco.

The much-anticipated move comes less than a month after U.S. District Judge Alan Kay upheld the estate's century-old admission policy on the grounds that it has the legitimate purpose of remedying historical injustices and existing economic woes suffered by Hawaiian people.

Grant and Goemans represent an unidentified local student, who applied to the Kamehameha Schools and was placed on its waiting list, but not admitted because the student was not of Hawaiian ancestry.

Grant previously argued that the admission policy is segregationist and violates federal anti-discrimination laws.

He said he believes the 9th Circuit will overturn Kay's decision because it was based on an overly broad interpretation of federal civil rights laws.

Grant made similar arguments in a separate lawsuit filed by Kauai seventh-grader Brayden Mohica-Cummings. That suit was settled earlier this month after the estate agreed to allow the 12-year-old boy to attend the Kamehameha Schools through his high school graduation.


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