Lind v. Grimmer
Decision Date | 20 April 1993 |
Docket Number | Civ. No. 92-00415 ACK. |
Citation | 859 F. Supp. 1317 |
Parties | Ian Y. LIND, Plaintiff, v. Gary G. GRIMMER, Linda K., Rosehill, James C.F. Wang, Robert Y. Watada, Individually, and in their capacities as Commissioners of the Campaign Spending Commission, State of Hawaii, and Jack M.K. Gonzales, Individually, and in his capacity as the Executive Director of the Campaign Spending Commission, State of Hawaii, Defendants. |
Court | U.S. District Court — District of Hawaii |
Clayton C. Ikei, Honolulu, HI, for plaintiff.
Warren Price, III, Atty. Gen., HI, Steven S. Michaels, Robert A. Marks, Patricia Green Riley, Office of the Atty. Gen., Honolulu, HI, for defendants.
ORDER GRANTING PLAINTIFF'S MOTIONS FOR SUMMARY JUDGMENT AND FOR A PERMANENT INJUNCTION AND DENYING DEFENDANTS' MOTIONS FOR JUDGMENT ON THE PLEADINGS, OR, IN THE ALTERNATIVE, FOR SUMMARY JUDGMENT
This case is now before the Court on Plaintiff's motion for summary judgment and Defendants' cross-motions for judgment on the pleadings, or, in the alternative, for summary judgment.
Plaintiff seeks: (1) a declaratory ruling that Section 11-216(d)1, Hawaii Revised Statutes ("HRS"), is unconstitutional and invalid because it violates the Plaintiff's rights of Freedom of Speech and Freedom of the Press in violation of the First and Fourteenth Amendments to the United States Constitution and 42 U.S.C. § 1983; and (2) a permanent injunction enjoining the enforcement of HRS § 11-216(d).
Defendants oppose Plaintiff's motion for summary judgment and seek: (1) judgment on the pleadings, or summary judgment that HRS § 11-216(d) is constitutional as applied to "charging parties"; or (2) in the alternative suggest this Court certify HRS § 11-216(d) to the Hawaii Supreme Court for a limiting construction.
The issues presented are: (1) whether HRS § 11-216(d) is constitutional in its present form; (2) whether HRS § 11-216(d) is constitutional in the limited use proposed by Defendants; and (3) whether HRS § 11-216(d) should be certified to the Hawaii Supreme Court for a limiting construction.
For the reasons discussed below, this Court grants Plaintiff's motion for summary judgment and for a permanent injunction and denies Defendants' motion for judgment on the pleadings, or in the alternative, motion for summary judgment.
Plaintiff, Ian Lind is author and publisher of the "Hawai`i Monitor," an independent non-partisan newsletter that focuses on election campaign issues. On March 18, 1992, Plaintiff filed a complaint with the Campaign Spending Commission against the University of Hawaii Professional Assembly ("UHPA"). Plaintiff alleged that UHPA had violated certain Hawaii statutes by failing to fully disclose its contributions to political candidates and by making excessive, prohibited campaign contributions to Governor John Waihee's re-election campaign.
Plaintiff reported in the June 1992 issue of the "Hawai`i Monitor" the fact that a complaint against UHPA had been filed with the Campaign Spending Commission. The article was reprinted, with Plaintiff's permission, in a University of Hawaii student newspaper.
Subsequently, UHPA sought clarification from the Campaign Spending Commission as to the applicability of HRS § 11-216(d) to the proceedings initiated by Plaintiff's complaint. The Campaign Spending Commission decided to treat this requested clarification as a complaint against Plaintiff for violation of HRS § 11-216(d).
Upon learning of the pending charge for violation of HRS § 11-216(d), Plaintiff filed this lawsuit for equitable and injunctive relief declaring HRS § 11-216(d) unconstitutional under the Free Speech and Free Press provisions of the First Amendment to the United States Constitution, made applicable to the States through the Due Process Clause of the Fourteenth Amendment.
On July 17, 1992, the parties submitted to this Court a Stipulation of Dismissal with Prejudice of all Claims whereby the parties agreed that HRS § 11-216(d) was unconstitutional.
By order dated September 25, 1991, this Court rejected the parties' July 17, 1992, stipulation, stating its reluctance to overturn an enactment of the Hawaii Legislature without careful consideration and solid caselaw in support of its decision.
By stipulation filed with this Court on February 23, 1993, the parties have vacated their prior stipulations. The Department of the Attorney General is now "determined to defend § 11-216(d) as applied in this instance to `charging parties' in Campaign Spending Commission proceedings, who knowingly partake of the burdens of the confidentiality provisions when they invoke the Commission's processes, and in light of the important interests in confidentiality as furthering the important First Amendment value of free speech and association." Def. Cross-Motion For Judgment On The Pleadings, Or, In The Alternative, For Summary Judgment at 2.
Defendants set forth the following arguments in support of upholding as constitutional HRS § 11-216(d):
Plaintiff sets forth the following arguments in support of his position that HRS § 11-216(d) is unconstitutional:
In opposition to the Defendant's cross-motions and in reply to Defendant's opposition, Plaintiff further argues:
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...167 (1959); Biegenwald v. Fauver, 882 F.2d 748 (3d Cir. 1989). 40. See, e.g., Hawaii Hous. Auth., 467 U.S. at 237; Lind v. Grimmer, 859 F. Supp. 1317 (D. Haw. 1993), aff’d , 30 F.3d 1115 (9th Cir. 1994). 41. See, e.g., Harris Cnty. Comm’rs Ct. v. Moore, 420 U.S. 77, 83 (1975). 42. See, e.g.......
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