The state Supreme Court Friday overturned a 1992 decision in favor of the city, which said Richard Miano was violating its anti-peddling ordinance.
Miano admitted he profited from the sale of homemade postcards of pedestrians with his birds, Molokai Joe and Foxy Lady. But he said no money changed hands on city streets.
Instead, he said, he offered to meet visitors in their hotels or mail them photo negatives so they could decide if they wanted to order the postcards.
"If what you do is just talk to people and then make an offer for sale on private property, that's not against the peddling ordinance," said Miano's lawyer, Jack Schweigert. "T-shirt vendors are different. They're putting price tags on their merchandise on public sidewalks. That's not what Mr. Miano does."
Miano couldn't be reached for comment, but his son, retired Philadelphia Eagle football player Rich Miano, was proud of his dad. "He obviously believes in his constitutional rights," the son said.
Each man also has now surpassed the $1 million mark in spending. Morgado has added $150,000 in loans from private individuals.
Morgado is showing a bottom-line deficit of $272,918 despite having $66,578 cash on hand, according to pre-general election spending reports filed yesterday with the state Campaign Spending Commission.
The Morgado campaign said it did not make any expenditures during the reporting period from Sept. 22 to Oct. 20. The deficit is largely the result of the loans - $100,000 from Arline A. Sakumoto and $50,000 from June Hamabusa. Morgado previously borrowed $40,000 from Hamabusa and $149,496 from Gary Mijo.
Harris has a deficit of $155,841 primarily from more than $200,000 in expenditures over the reporting period that have yet to be paid, according to his campaign report.
The Harris campaign has $59,775 on hand.
Morgado has raised more money than Harris since the Sept. 21 primary election: The challenger raised $113,278 to the incumbent's $95,573.
UH-Hilo and OHA officials said the $305,000 matching donation by OHA -- which by state law must improve conditions for people with at least 50 percent Hawaiian blood -- will not restrict enrollment in the program to only Hawaiians.
Whether Hawaiian or non-Hawaiian, those who complete the program will benefit the Hawaiian community as a whole, said UH-Hilo Hawaiian studies Professor Pila Wilson.
"First of all, even if they had some kind of a blood requirement, it's funded in half by the state," Wilson explained.
"The other thing is that if it's relating to Hawaiian language or culture, that's a benefit for all native Hawaiians if the language is preserved."
UH President Kenneth P. Mortimer and OHA Chairman Clayton Hee yesterday announced funding of the master's of arts program, approved by the Board of Regents this summer.