Applications for Employment Can Now Be Accepted From Non-residents
HONOLULU —The American Civil Liberties Union of Hawaii today announced the
end to a requirement that prevented countless numbers of individuals from even
applying for government jobs in Hawaii because they were not yet
residents.
“The state’s position violated the
fundamental right to travel under the Constitution,” said Lois K. Perrin, Legal
Director of the ACLU of Hawaii. “Furthermore, it made no sense to keep some
people from even applying for jobs when the state was hurting from long-standing
vacancies for needed positions and when exceptions were routinely made for jobs
that the government wanted filled.”
Yesterday the court granted the ACLU of Hawaii’s request to stop the
enforcement of the statewide pre-employment residency requirement. The ruling
affects all government positions with the state as well as the City and County
of Honolulu. The ACLU of Hawaii hailed the federal court ruling by Judge David
Ezra as long overdue.
“ I am pleased that an unfair barrier has
been eliminated. Now individuals, like me, have an equal opportunity to be
considered for public employment based on our talents,” said ACLU plaintiff
Kevin Walsh. Walsh is a Florida resident who was denied the opportunity to
apply for several posted jobs with the City and County.
The law, enacted in 1978, was the state’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, called the law
“inconsistent with Hawaii’s unique Aloha spirit and an obstacle to its ability
to benefit from and compete in the global economy.”
Judge
Ezra's ruling on the residency requirement is online at www.aclu.org/immigrants/gen/24061lgl20060203.html