Mayor Jeremy Harris' plan to rid the Kapiolani area of adult entertainment is meeting stiff opposition from affected businesses. Adult stores vow to
battle city’s planBy Gordon Y.K. Pang
Star-Bulletin"We will challenge this every step of the way, politically and in the courts," said attorney David Gierlach, who, along with colleague Michael Green, represent about 15 businesses that would be forced to relocate under what Harris calls "the convention center special district."
Attorney Earle Partington, who represents a national adult bookstore chain with several outlets in the proposed district, also is mounting a challenge.
"This is just the city's attempt to regulate the time, place and manner of a constitutionally protected activity (city officials) don't like," Partington said.
The proposal will get its first airing May 16 before the city Planning Commission, which must forward its recommendation to the City Council.
The plan calls for "adult uses" such as adult bookstores, theaters, hostess bars and strip clubs to be prohibited. Existing adult establishments would be given three years to be "amortized," or phased out of the district. City attorneys point to state statutes that say a use can be made nonconforming in a particular area given such businesses have a "reasonable time" to be phased out.
City Managing Director Ben Lee said the goal is to "make sure that people visiting the city, Waikiki and the Hawai'i Convention Center have a positive first, lasting impression of the area."
The proposal is similar to other, largely successful attempts by the city to bar other types of controversial activity from Waikiki such as sidewalk T-shirt vending, the use of pets to solicit business and street performing, which is currently under challenge.
Partington said that like those activities, the city's attempt to regulate adult establishments hinges on whether the city can prove that its restriction is based on time, place and manner, rather than the activity.
"If it turns out that the reason for the ordinance is just to ban these places, then these ordinances are struck down," Partington said.
He said it is a problem requiring them to move to areas where they are not as successful financially. "You can't zone them out and say they now have to go to Wahiawa. That's effectively a ban."
Gierlach said it is disingenuous for the city to claim the businesses will only need to move. Many of them will need to shut down because it is difficult for strip clubs and hostess bars to re-establish themselves and obtain new liquor licenses.
"This is simply a ruse to put these businesses out business, and they're paying lip service to the First Amendment," Gierlach said.
He noted that the Honolulu Liquor Commission, in recent years, "has not been very sympathetic to these kinds of clubs."
Donal Bultman, general manager for Aaxtion Video and two other adult video and bookstores owned in Blue Cove Properties, said it would be difficult for the businesses to relocate and earn enough to support the employees it does now.
"We're legitimate businesses that abide by the law and pay taxes like everyone else," Bultman said.
Area Councilman Andy Mirikitani and John Breinich, chairman of the Ala Moana/Kakaako Neighborhood Board, are among those supporting the mayor's plan.
"We've been concerned for years about the high number of strip clubs and bars in our district, the most of any district on our island," Breinich said.
Mirikitani said, "These bars result in serious negative secondary impacts on the surrounding community, including prostitution, drug dealing and other late-night crime."
Breinich said there is some concern that creating the district will result in a spillover into the Kakaako area.
But a new Liquor Commission rule, pushed by Mirikitani, bars adult establishments from being within 500 feet of a church, school or another adult business.
That rule ensures there will not be a clustering of the bars, Breinich said, which contributes to the problems.
City & County of Honolulu
