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ACLU of Hawaii Expands Lawsuit To Invalidate Statewide Residency Requirement for Jobs
July 7, 2005

HONOLULU— The American Civil Liberties Union of Hawaii (ACLU) announced today that it has expanded its federal civil rights class action lawsuit concerning Hawaii’s residency hiring requirement. The ACLU is representing two Florida residents who tried to apply for City and County of Honolulu and State jobs, including a retired military officer who relocated to Oahu.

The lawsuit names the City and County of Honolulu (City and County) and state Attorney General Mark Bennett and certain City and County and State officials and charges that these antiquated laws and policies that require individuals to be a current or former resident of the State of Hawaii to even apply for a government job are unconstitutional, deter non-residents from traveling and relocating to the Aloha State and impede the State’s ability to compete and benefit from a global economy.

The lawsuit challenging the City and County’s residency application policy and the State’s public employment law was filed on behalf of Kevin Walsh and Blane Wilson. Walsh is a Florida resident who tried to apply for and was immediately denied the opportunity to apply for several posted jobs with the City and County. Wilson is a retired military officer who has relocated to Oahu to accompany his wife who is active duty in the U.S. Military. Wilson has been denied the opportunity of applying for City and County and State jobs because he maintains his legal residence in Florida.

Plaintiff Kevin R. Walsh stated, “In essence, the job application said, ‘residents of states other than Hawaii need not apply.’ I didn’t think they could be serious, so I applied anyway. Then I received the rejection letters. They didn’t even look at my qualifications. The City would not look at my application simply because I’m a resident of Florida and not Hawaii. Things aren’t supposed to work that way in this country. Few people, including me, can afford to abandon their current residence and move all the way to Hawaii and spend time and money establishing legal residency there, all just in order to be allowed to apply for a job.”

Plaintiff Blane M. Wilson said, “I live on Oahu, I have been here for nearly four months but this employment law is a huge barrier to my attempts to get a job here. My state of legal residence has absolutely nothing to do with whether I am professionally qualified to get a job to serve in the public sector.”

Lois K. Perrin, Legal Director of the ACLU of Hawaii, added “What is striking is that the jobs that these individuals have applied for have been open and unfilled for many months - four of them since October of 2003. This residency hiring requirement is keeping dedicated, qualified individuals from government service, which is harmful to all Hawaii residents who have the right to expect and demand a fully functioning government.”

The current public employment law reflects the legislature’s third attempt to restrict migration to Hawaii. Previous versions of the statute requiring a three-year and one-year period of residency, respectively, were found to be unconstitutional by the Hawaii state and federal courts. Notably, the City and County opposed the passage of the one-year requirement in the Legislature in 1977 and also argued that the law was unconstitutional in 1985 when the State of Hawaii sued to enforce it against then Mayor Frank Fasi’s hiring of John E. Hirten as the Director of Transportation services.

Cooperating Attorney Anne L. Williams, on behalf of Davis Levin Livingston Grande, noted that “These types of residency laws treating residents and non-residents differently are routinely invalidated by the courts because in our constitutional system, citizens select states; states do not select citizens. Hawaii’s public employment law and policies, which appear to routinely screen out non-residents and which is one of a mere handful in the nation, should be invalidated to reaffirm our commitment to the Aloha Spirit.

The ACLU wants the City and County’s policy and the state policy and statute declared invalid and a court order to prevent their enforcement statewide. The ACLU also seeks relief on behalf of all persons who have been harmed by Hawaii’s residency hiring laws and policies.

The mission of the ACLU and its Hawaii affiliate is to protect the fundamental freedoms contained in the state and federal constitutions through litigation, legislative and public education programs statewide. The ACLU is funded primarily through private donations and provides its service at no cost to the public. The ACLU does not accept any government funds.


Related Information:
Residency-hiring suit expands (The Honolulu Advertiser)
Officials defend 'residents only' rule (The Honolulu Advertiser)
City hiring policy faces challenge (The Honolulu Advertiser)
Public-job lawsuit gains plaintiff (Honolulu Star-Bulletin)
Lawsuit may pit city against state (Honolulu Star-Bulletin)
Suit challenges government hiring policy (Honolulu Star-Bulletin)
ACLU Sues Honolulu, State Over Job Requirements (TheHawaiiChannel - KITV 4 News)
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