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HOUSE OF REPRESENTATIVES |
H.C.R. NO. |
152 |
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TWENTY-FIFTH LEGISLATURE, 2009 |
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STATE OF HAWAII |
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HOUSE CONCURRENT
RESOLUTION
REQUESTING THE HAWAII CIVIL RIGHTS COMMISSION TO FORM A WORKING GROUP TO STUDY THE ADVISABILITY OF INCLUDING STATE-OPERATED SCHOOLS, LIBRARIES, COMMUNITY COLLEGES, AND UNIVERSITIES IN THE DEFINITION OF "PLACE OF PUBLIC ACCOMMODATION".
WHEREAS, students have a right to a safe learning environment at the schools they attend daily, and our educational institutions represent society's best chance to eliminate bullying and discrimination before they become learned behaviors; and
WHEREAS, our schools and libraries are entrusted with ensuring that all students enjoy the benefits of full equality and participation in our educational system, and thus the State has a responsibility to protect their civil rights; and
WHEREAS, the Board of Education currently has, in Chapter 41 of the Hawaii Administrative Rules, a rule prohibiting discrimination in "any program, activity, or service of the public school system on the basis of race, color, religion, sex, age, national origin, ancestry or disability"; and
WHEREAS, the Board of Education recently considered, and came close to approving, a proposal to repeal the administrative rule, to be replaced by a comprehensive anti-discrimination policy, which would not afford the same protections as an administrative rule; and
WHEREAS, the Legislature's and State's intent to protect the interests, rights, and privileges of all persons within the state with regard to access and use of public accommodations by prohibiting unfair discrimination, is expressed in Chapter 489, Hawaii Revised Statutes (HRS), relating to discrimination in public accommodations; and
WHEREAS, the statute prohibits "unfair discriminatory practices that deny, or attempt to deny, a person the full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations of a place of public accommodation on the basis of race, sex, including gender identity or expression, sexual orientation, color, religious, ancestry, or disability"; and
WHEREAS, including state-operated schools, libraries, community colleges, and universities in the definition of "place of public accommodation" in Chapter 489, HRS, may afford students greater civil rights protections, but may also have unintended and wide-ranging consequences; now, therefore,
BE IT RESOLVED by the House of Representatives of the Twenty-fifth Legislature of the State of Hawaii, Regular Session of 2009, the Senate concurring, that the Hawaii Civil Rights Commission is requested to form a working group to study the advisability of including state-operated schools, libraries, community colleges, and universities in the definition of "place of public accommodation" as included in Section 489-2, HRS; and
BE IT FURTHER RESOLVED that the working group include the following members:
(1) A representative of the Hawaii Civil Rights Commission, to serve as the chair of the working group;
(2) A representative of the Board of Education;
(3) A representative of the Department of Education;
(4) A representative of the Hawaii State Library System;
(5) A representative of the University of Hawaii system; and
(6) A representative of the American Civil Liberties Union;
and
BE IT FURTHER RESOLVED that the working group is requested to submit a report, including recommendations and any proposed legislation, to the Legislature no later than 20 days prior to the convening of the Regular Session of 2010; and
BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Executive Director of the Hawaii Civil Rights Commission, Chairperson of the Board of Education, Superintendent of Education, State Librarian, President of the University of Hawaii, and the Executive Director of the American Civil Liberties Union.
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OFFERED BY: |
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Place of Public Accommodation