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ACLU wants airport
citation dismissed

A California dentist faces trial
for criticizing security procedures


By Debra Barayuga
dbarayuga@starbulletin.com

The American Civil Liberties Union of Hawaii is expected to seek dismissal of a citation issued to a California man searched and detained at Honolulu Airport for two hours last month for allegedly criticizing security procedures.

Fred Stuart, a dentist from Hermosa Beach, was ordered yesterday to stand trial Aug. 6 in Honolulu District Court. His companion, Pauline Espitia, a professor, also was cited but did not want to return to Hawaii to fight the citation and paid a $50 fine.

Stuart will fight the citation out of principle, Brent White, ACLU legal director, said. Stuart faces a $25 fine.

Attorney Pam O'Leary Tower, who is assisting the ACLU in this case, said they expect to file a motion on the grounds that the administrative rule is unconstitutional as applied.

Stuart and Espitia were cited for "harassing another person with loud, demanding or threatening conduct" under an administrative rule that governs the distribution of literature, solicitation of contributions and demonstrations. Espitia was also charged with "intentionally touching another person without that person's consent."

The two were scheduled to fly on May 10 from Honolulu to Lihue when they were detained.

The two had expressed their displeasure over the way they were being singled out and searched at several security checkpoints. White and Tower said their criticism was "protected speech."

The two were allowed to pass through and board their flight. Only then, in front of other passengers, were they asked to leave. They were held and questioned for two hours before being charged.



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