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TUESDAY, SEPTEMBER 15, 2015 | WEST HAWAII TODAY
FROM PAGE ONE
6A
equally to everyone,”
ACLU Legal Director
Daniel Gluck said in a
statement. “When a poli-
tician or police officer can
wave a sign on the road
asking for the public’s
support, but a poor per-
son faces criminal charges
for the exact same con-
duct, that is wrong.”
The settlement also set
new rules for how activi-
ties are regulated in coun-
ty parks. Small groups of
fewer than 75 no longer
need a permit to hold free
speech activities in coun-
ty parks. Larger groups
seeking to hold free
speech activities in county
parks on short notice may
do so without having to
obtain a permit 20 days
in advance. Instead, the
group can simply notify
the county of the planned
demonstration.
The changes respond
to
Mollway’s
2014
opinion that the 1999
county ordinance was
content-based. The judge
granted a temporary
restraining order pro-
hibiting the county from
enforcing its panhandling
law.
Corporation Counsel
Molly Stebbins praised
the county attorneys who
worked on the case.
“We feel the agreed-up-
on code changes strike the
proper balance between
First Amendment pro-
tections and public safety
concerns,” Stebbins said.
The ACLU, along
with Honolulu attorney
Matthew Winter of Davis
Levin Livingston, had
asked Mollway to over-
turn the county ordinance
banning aggressive solic-
itation anywhere and the
blanket ban against pan-
handling in any county
park.
The settlement agree-
ment states that the
$80,000 is “to be distrib-
uted as the ACLU deems
appropriate.”
An unspecified portion
of the money is paid as
damages to Guy, who has
returned to the mainland
to pursue an education,
Winter said. Guy, through
the ACLU, declined to be
interviewed.
The remainder goes to
attorney fees and costs
under a statute that allows
legal help for indigents,
Winter said.
“Without such a stat-
ute, poor people, especial-
ly homeless people, would
not be able to hire attor-
neys,” he said.
Winter said Guy,
who is no longer home-
less, learned a valu-
able lesson through the
proceedings.
“He’s a bright young
man, and someone I had a
lot of respect for,” Winter
said. “For a long time,
he really had negative
thoughts about the legal
process. But he was able
to see the process working
for him. … He now wants
to be part of society.”
PANHANDLING:
Man is no longer homeless
CONTINUED FROM PAGE 1A
without submitting to
urinalysis; on March 13,
the court granted that
request, ruling that “the
urinalysis would violate
Taylor-Failor’s
Fourth
Amendment
rights,”
according to the ACLU.
She began working March
16 for the county.
The lawsuit challenged
the county’s require-
ment that all prospec-
tive employees submit
to urinalysis and answer
questions about medical
history, regardless of the
physical duties the appli-
cant would perform on
the job. The ACLU argued
urinalysis testing reveals
sensitive private medical
information — such as
whether an individual is
diabetic, pregnant, is bio-
logically male or female,
has high cholesterol, or
has a sexually transmitted
disease — and that the
tests were not related to
actual job requirements of
a particular occupation.
The ACLU’s attempts
to resolve these problems
without litigation in 2013
were unsuccessful, and
Taylor-Failor’s attorney’s
filed the lawsuit asking
the court for a temporary
restraining order to pre-
vent the county from vio-
lating the woman’s rights
to privacy.
The court granted the
request, noting in its
order that “the County
has proffered no expla-
nation as to why it is
entitled to search Taylor-
Failor’s urine before she
may begin employment
in her light duty, cleri-
cal, non-safety-sensitive
position. … Employment
requirements
cannot
stand where they violate
rights of a constitutional
dimension.”
The county will also
pay $115,000 in attorneys’
fees and costs.
“Medical data is some
of our most privately held
information, and it is crit-
ical that we protect it from
government overreach.
The government has no
right to perform invasive
searches of bodily fluids
to determine whether an
office worker can per-
form his/her job,” ACLU
of Hawaii Legal Director
Daniel Gluck said in a
prepared statement.
The ACLU also noted it
has a shared a copy of the
agreement in the Hawaii
County case with offi-
cials of Maui and Kauai
counties, both of which
the organization said have
had similar pre-employ-
ment medical examina-
tion requirements.
LAWSUIT:
County settles case
concerning employment requirement
CONTINUED FROM PAGE 1A
Hearing set for alleged Kamehameha statue spear thief
William Carroll, who
allegedly severed the spear
on Hilo’s Kamehameha
the Great statue, will
return to court today for
a preliminary hearing
following his first appear-
ance Monday.
Judge Harry Freitas
maintained
bail
at
$11,000
during
his
arraignment in Hilo
District Court. Carroll,
who remains in jail, did
not enter a plea.
He is charged with
second-degree
theft,
third-degree theft and
second-degree criminal
property damage. Carroll
is originally from Oahu
and has no permanent
address.
According to a prob-
able cause affidavit, he
was caught on a Bayfront
Motors security camera
stealing a pole and about
40 feet of chain Labor
Day weekend and drag-
ging it in the direction of
the statue in Wailoa River
state park.
A tour operator report-
ed a nearly six-foot section
of the spear missing Sept.
6. Police found the spear,
along with the pole and
chain, concealed in a palm
frond Sept. 8 along the
banks of the Wailoa River.
Police arrested Carroll
on Thursday at a state
Department of Human
Services office in down-
town Hilo.
Earlier that week,
he visited the Hawaii
Tribune-Herald’s office
inquiring about a mone-
tary reward for informa-
tion regarding the spear
and claimed the Hawaii
Police Department and
Hilo Medical Center
violated his rights.
Carroll had not been
identified as a suspect
at the time.
The
Kamehameha
Schools East Hawaii
Alumni Association main-
tains the statue and is rais-
ing funds for repairs, esti-
mated as much as $7,500.
That estimate includes
repairing scrapes on the
statue’s chest believed to
have been caused when
the spear segment was
removed.
The lower half of the
spear was removed from
the statue Monday to
allow the severed pieces
to be reconnected.
The association hopes to
have the spear reinstalled
by the end of October.
Email Tom Callis at tcallis@
hawaiitribune-herald.com.
BY TOM CALLIS
HAWAII TRIBUNE-HERALD
William Carroll appears Monday in Hilo District
Court.
TOM CALLIS/
HAWAII TRIBUNE-HERALD
Sean Rutledge stands, eyes closed, at the defense table Monday in Hilo
Circuit Court.
JOHN BURNETT/
HAWAII TRIBUNE-HERALD
Trial set in Kapoho murder
A 40-year-old Pahoa
man accused of fatally
stabbing his mother late
last month pleaded not
guilty on Monday.
Hilo Circuit Judge Glenn
Hara ordered Sean Alan
Rutledge to appear for trial
at 10 a.m. Jan. 19, 2016.
Rutledge is charged with
second-degree
murder
for the slaying of 63-year-
old Nadean Rutledge
outside her Kapoho Kai
Drive home on the eve-
ning of Aug. 25. She was
an information officer for
the Waiopae tide pools in
Kapoho.
Deputy
Prosecutor
MichelleWest told the judge
the trial would take about six
weeks, and Kevin Hashizaki
is the deputy prosecutor
assigned to the case.
Sean Rutledge is a for-
mer attorney who was dis-
barred in New York under
the name of Alan Frank
and was allowed to resign
from the practice of law in
California amid allegations
of malpractice stemming
from his representation of
homeowners there and in
other states who were in
default on mortgage pay-
ments or in foreclosure
proceedings.
Rutledge entered the
courtroom Monday with
his eyes open, but closed
them as soon as he stood
at the defense table, his
eyelids fluttering through-
out the hearing in a man-
ner reminiscent of rap-
id-eye-movement sleep.
Despite that, he appeared
coherent and answered
a series of routine ques-
tions from the judge with
“yes,” “I understand” and
“understood.”
Rutledge was indict-
ed on the murder charge
Wednesday by aHilo grand
jury, and Hara issued a
no-bail bench warrant at
that time.
“Your Honor, the state is
requesting that his no-bail
status be maintained,”
West told Hara.
Rutledge’s
attorney,
Deputy Public Defender
Tiara Maumau, told the
judge her client is “request-
ing bail in the amount of
$50,000 in accordance
with the bail guidelines.”
“I’m unaware of any
motions for no bail at this
point. I’m also unaware of
any record of this in court,
and I do not have a bail
study, as well,” Maumau
added.
Hara set a bail hearing
for 9:30 a.m. Oct. 6.
In addition, Rutledge
is being held without bail
on a California extradition
warrant alleging he violat-
ed his probation on a con-
viction of a criminal threat
to cause great bodily harm.
A hearing for further
proceedings on the extra-
dition warrant is sched-
uled for 1:30 p.m. Sept. 23
before Hilo Circuit Judge
Greg Nakamura.
It appears unlikely
California authorities will
extradite Rutledge since he
faces amurder charge here.
“I cannot comment on
what California’s inten-
tions are in regard to Mr.
Rutledge,” Hashizaki told
the Hawaii Tribune-Herald
Monday afternoon. “What
I can say is that California
has been notified that Mr.
Rutledge has been indicted
on a murder 2 charge and
is being held without bail.”
BY JOHN BURNETT
HAWAII TRIBUNE-HERALD
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