Councilman loses home
business battle

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By Lisa Asato
lasato@starbulletin.com

City Councilman John Henry Felix is illegally operating a wedding business out of his home, the city Zoning Board of Appeals voted yesterday.

Felix said he intends to appeal the decision to state Circuit Court.

"I disagree -- respectfully," Felix said.

The five-member board voted 3-1 to uphold a decision by the city Department of Planning & Permitting to cite Felix for operating a business in a residential area. Board Chairman Rick Tsujimura recused himself because his wife is an attorney involved in an unrelated Felix case.

Felix, who has fought the issue for two years, said he will continue running his business during the appeals process.

He already faces $68,300 in fines and will continue being fined $100 a day, said Loretta Chee, deputy director of the Planning Department.

Felix and his attorneys have argued that the business is a legal "home occupation" because the employees live on the premises.

The city has been represented by private attorney Ben Matsubara because the matter involves a sitting councilman.

Board members Roy Irei, Elizabeth Riegels and Vice Chairman Carl Takamura voted to uphold the Planning Department's decision to cite Felix; David Minkin cast the sole vote against.

Yesterday's vote came after a hearing last month in which the board failed to garner the necessary three votes either way.

Last month, they voted 2-1 in favor of Felix.

Irei, who had earlier voted in favor of Felix, declined yesterday to say why he changed his mind.

Attorneys for Felix plan to file an appeal within 30 days of Matsubara's filing a formal order with the board, said attorney Lorrie Lee Stone.

"Our argument is more of a legal one," she said. "We feel we would have a better chance of prevailing in a court of law."

The state Supreme Court denied hearing the case last year.