Federal Court Judge Slams D.O.E. and Maui County for "Clear Violation" of Title IX, U.S. Constitution

Affiliate: ACLU of Hawaii
March 19, 2010 12:00 am

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Judge David Alan Ezra, finding for plaintiffs: “Why someone did not file a Title IX case on this years ago is beyond me”

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HONOLULU – In a victory for girls athletics, three Baldwin High School (“BHS”) softball players, their parents, and their coach were today granted their request for a preliminary injunction requiring the Hawaii State Department of Education (“DOE”) and the County of Maui (“County”) to immediately rectify their discriminatory treatment of the Baldwin High School girls’ softball team. A court-appointed expert will recommend short term, immediate improvements to alleviate some of the
more egregious disparities between the boys and girls playing fields.

The American Civil Liberties Union of Hawaii Foundation (“ACLU”) and Alston Hunt Floyd & Ing (“AHFI”) represented the plaintiffs in federal district court hearing held at 2:00 p.m. today.

Judge Ezra, in an extraordinary move, ruled directly from the bench, noting that the current treatment of the Baldwin High School girls softball team was a violation “on its face” and “without reservation”
of the Patsy T. Mink Equal Opportunity in Education Act (also known as “Title IX”) and the Fourteenth Amendment to the United States Constitution.

Tina Colman of AHFI said: “We are thrilled to be able to help the Maui girls’ championship softball team be treated equally as the law requires.”

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.

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