ACLU backs fan
in race bias case
against UH

By Debra Barayuga
Star-Bulletin

The American Civil Liberties Union is urging the Hawaii Supreme Court to find the University of Hawaii liable for racially discriminating speech by its agents.

The ACLU made its remarks in a friend-of-the-court brief filed Dec. 30 in the case of State vs. Hoshijo, in which the university appealed a lower court decision upholding a discrimination claim by an African-American fan.

Basketball fan Eric White claimed that Rob Wallace, son of UH basketball coach Riley Wallace, discriminated against him by calling him "nigger" and threatened him during a February 1995 basketball game between UH and the University of Utah.

The younger Wallace was responding to heckling from White, who was criticizing the elder Wallace's coaching.

The Hawaii Civil Rights Commission found, and the Circuit Court agreed, that Rob Wallace's conduct was discriminatory and ordered the University of Hawaii to pay White $20,000 in damages and a portion of a $10,000 fine against Wallace.

Rob Wallace settled out of court and apologized publicly for making the racist remark. The university appealed, arguing that the student manager was not the university's agent and his speech was constitutionally protected.

Ed Kemper, cooperating attorney with the ACLU, said the appeal was misguided. "The lower court found that the student manager was an agent of the university and was not acting as a private individual when he uttered the racial epithet."

The Civil Rights Commission felt that since Rob Wallace was getting paid and working for the university, he should be viewed as an employee, said John Ishihara, the commission's attorney.