Swap meet
contract decision
still stands

By Debra Barayuga
Star-Bulletin

The owner of the Aloha Flea Market has lost a second bid to stop the state from taking over the swap meet at Aloha Stadium.

Circuit Judge Dexter Del Rosario yesterday denied a preliminary injunction sought by Edward Medeiros, who has held the Aloha Flea Market contract for the past 20 years.

Medeiros, who built the flea market into a profitable and popular pastime for visitors and locals alike, alleged that the Stadium Authority and stadium manager Eddie Hayashi violated "open meetings" laws when members decided to end its contract with the Aloha Flea Market.

Bob Merce, attorney for Medeiros, had argued that Hayashi had decided not to exercise the option to renew Aloha Flea Market's contract for the next two years since April 14, even before Medeiros had sought an extension.

The board formally voted to terminate Aloha Flea Market's contract at a May 20 meeting without placing it on the agenda, denying the public and vendors who had a stake in the matter a chance to provide input, Merce said.

Members also discussed putting the flea market out to bid in executive session that was not ratified by a two-thirds vote and without announcing publicly the reason for holding a closed meeting, he said.

The authority did put Aloha Flea Market's contract on the agenda at their August and September meetings and voted again in public to terminate the contract.

Deputy Attorney General John Dellera had argued that Aloha Flea Market's contract expired Sept. 30, according to the terms of the contract which could be extended an additional two years only by mutual agreement by the two parties.

Dellera said the Stadium Authority did not "willfully" violate the Sunshine Law and that any "technical violations" were corrected by holding another meeting in August with proper public notice and giving the public an opportunity to provide input.

"There was no intention to do anything in secret," he said.

The only legally binding vote by the authority was made publicly on Sept. 9 "which fully complied with the Sunshine Law," he said.