DLNR Complaint Filed

ACLU Clients File Marital Status Discrimination Complaint with Hawaii Civil Rights Commission
February 11, 2010

DLNR Refuses to Update Discriminatory Rule, Denies Harbor Privileges to Unwed Couples

HONOLULU – The American Civil Liberties Union of Hawaii Foundation (“ACLU”) announced today that its clients, Susan Carstenn and Bruce Lenkeit, have filed a complaint with the Hawaii Civil Rights Commission (“HCRC”) against the Department of Land and Natural Resources (“DLNR”) for discriminating against them on the basis of their marital status.

In 2008, Bruce Lenkeit, who lives aboard his vessel at the Ala Wai Small Boat Harbor, wanted to live as a family with his partner, Susan Carstenn. The State’s administrative rules prohibit unmarried same-sex and opposite-sex couples from obtaining a live-aboard permit, a parking permit, or other benefits afforded to “spouses” of boat harbor tenants. The ACLU intervened, urging the DLNR to rescind the rule because the rule violates Hawaii law prohibiting marital status discrimination. In response, the DLNR agreed to let Ms. Carstenn live aboard the vessel with a temporary live-aboard permit, but refused to grant her any parking or other spousal privileges (such as the right to take over the harbor lease if Mr. Lenkeit passes away). After almost a year working through DLNR administrative channels to resolve the issue cooperatively – and without resorting to legal action – DLNR still refuses to grant the parking permit and other privileges on the basis that Mr. Lenkeit and Ms. Carstenn are not married.

DLNR’s denial of rights and benefits on the basis of marital status causes real harm to unmarried couples. For example, Ms. Carstenn now has to pay more than $8,000 a year for metered parking – and she must move her car at least once every twenty-four hours or be towed – as compared to a mere $300 per year for a permit. “A parking permit may seem like a small thing, but it has a huge impact on our day-to-day lives,” said Ms. Carstenn. “Issuing a parking permit is simple – DLNR could do it in about two minutes – but instead we have to jump through all these hoops and pay all this extra money in parking fees and towing fines. It’s disappointing that we had to file a formal complaint, but they just keep dragging their feet over changing this ridiculous rule.”
“This case shows just how frustrating life can be when the State chooses to discriminate against someone for no identifiable reason,” said Mr. Lenkeit. “The number of parking spaces in the harbor won’t change if we get married – it just doesn’t make any sense.”

“This is just one of the many ways that the State discriminates against unmarried couples,” said Daniel Gluck, Senior Staff Attorney with the ACLU. “There are thousands of couples in Hawaii who deal with these sorts of indignities every day – couples who are engaged but not married, same-sex couples, and couples who just don’t want to get married – and DLNR’s belief that it can ignore Hawaii’s anti-discrimination laws is simply unacceptable.”

The mission of the ACLU of Hawaii is to protect the fundamental freedoms enshrined in the U.S. and State Constitutions. The ACLU of Hawaii fulfills this through legislative, litigation, and public education programs statewide. The ACLU of Hawaii is a non-partisan and private nonprofit organization that provides its services at no cost to the public and does not accept government funds. The ACLU of Hawaii has been serving Hawaii since 1965.

###

© ACLU of Hawaii, P.O. Box 3410 Honolulu, HI 96801
Ph.: (808)522-5900 Fax: (808)522-5909 Email: office@acluhawaii.org
This is the web site of the American Civil Liberties Union of Hawaii and the ACLU of Hawaii Foundation.
Learn more about the distinction between these two components of the ACLU.
Privacy Policy.

Navigate:

Archive

DOE Ch 19

Aclu Hawai'i

follow acluhawaii at http://twitter.com

Monthly news and updates