Ruling set for tomorrow
in suit over ‘Family
Day’ parade access
A federal judge plans to decide tomorrow on a lawsuit filed by the American Civil Liberties Union and three gay-advocacy groups that want to march in a "Kid's Day Parade" on Saturday.
At a hearing yesterday, ACLU attorney Brent White argued that the city is a co-sponsor of the parade with the Hawaii Christian Coalition and cannot discriminate against the gay groups and prevent them from marching in the parade.
U.S. District Judge Helen Gillmor indicated she would rule for the ACLU if the event is city-sponsored.
"The law in this area is quite clear," Gillmor said. "It's really a factual determination that I have to come to terms with."
Gillmor gave the city until 4 p.m. today to file arguments and to provide relevant documents such as the mayor's proclamation on Family Day, the city's policies on private and city-sponsored parades, and communication from Alvin Au, the deputy director of the Department of Facility Maintenance who is also a parade co-chairman.
"You have to deal with the facts put forward by the plaintiffs," Gillmor told city Deputy Corporation Counsel Greg Swartz. "It is up to you to explain through evidence why this isn't a joint venture."
Swartz argued that the city is a sponsor of Family Day activities in Kapiolani Park on Saturday, but the parade is being organized by the Hawaii Christian Coalition and the decision to deny the gay groups' application to march was made by the coalition, not the city.
But Gillmor questioned Swartz about why Au's city phone number was listed as a contact for the parade applications, and about city employees who are listed as members of the parade committee. She asked Swartz to produce evidence that the city has provided similar support for private parades.
"The judge wants answers," White said. "If it's a private event, why is city administrator Alvin Au on city time and using a city phone taking applications for the parade?"
Gillmor also noted that a city Web site and poster, which said the parade was open to all, seemed to indicate that the parade was co-sponsored by the city.
The Web site was changed after the Parents, Family, Friends of Lesbians and Gays group applied to be in the parade.
But Swartz said the Web site was not taken down in response to the application. It was simply replaced with a better poster for the parade and family day activities.
If the judge rules that the gay groups must be allowed to march in the parade, the Hawaii Christian Coalition will cancel the parade, said Garret Hashimoto, the coalition's president.
"We have children's happiness at stake here," Hashimoto said. "It's inappropriate for children to march alongside an advocacy group."
But Bill Woods of the Gay and Lesbian Education and Advocacy Foundation says his group has offered to replace the Hawaii Christian Coalition as the sponsor of the parade should the coalition drop out.
Gillmor promised to rule by tomorrow afternoon.