February 26, 2008, The Haleakala Times
Maui Dance Advocates
... “The Commission has determined that there is no definitive answer to your question on what is the definition of dancing. One of the definitions in the Webster dictionary is, in part: To move the body, especially the feet, in rhythm, ordinarily to music.”
After receiving the reply, Maui Dance Advocates decided they must work to change this rule. And in April 2007 they were on the LC’s agenda again. This time they had a petition with 84 names asking the LC to change the rules. Six people came to the meeting to testify in favor of a rule change, including one bar manager. Nobody came to speak against it.
At the end of the meeting, the LC unanimously voted not to amend the rule. A few days later, a letter arrived stating, “The Commission determined that there was insufficient reason to amend Rule 08-101-23. You may appeal this decision in accordance with Section 91-14(b) of the Hawaii Revised Statutes.”
Maui Dance Advocates paid for the court filing cost, and attorney Lance Collins agreed to take the case pro bono. On November 28, 2007, they had their day in court.
Collins gave a very compelling argument to change the rules. The Corporation Council, on behalf of the LC, gave the argument that the judge did not have jurisdiction to make a ruling. Because Maui Dance Advocates only asked the LC to change the rule, the judge was obligated by law not to make a ruling.
Maui Dance Advocates has filed a declaratory ruling with the LC, which will be discussed on March 12, 2008 in Wailuku at the David K. Trask Building....
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