WAILUKU, Maui, Hawaii - Second Circuit Court Judge Joseph E. Cardoza ruled on March 27 that there is no constitutional right to engage in recreational dancing, dismissing a lawsuit filed by plaintiffs Maui Dance Advocates and Ramoda Anand against the County of Maui’s Department of Liquor Control. The suit challenged a rule that prohibits dancing in establishments that serve alcohol, unless there is a designated dance floor in a non-consumption area. The Liquor Control Department’s rule is designed to ensure the safety of establishment employees and patrons. In his ruling, Judge Cardoza cited numerous court decisions from the United States Supreme Court and appellate courts from other jurisdictions holding that recreational dancing is not entitled to First Amendment protection.
"As the United States Supreme Court has said, there are many activities that contain some ‘kernel of expression’ that are not entitled to protection under the First Amendment," said Jane Lovell, the Deputy Corporation Counsel who defended the County in the suit. "Several appellate courts have found that recreational dancing is not entitled to such protection, and similar activities, such as roller skating, are likewise not protected."
This is the second time that plaintiffs have sued the County unsuccessfully on this issue. Their first suit was dismissed for lack of subject matter jurisdiction. Plaintiffs were represented in both lawsuits by attorney Lance Collins.
Related posts:
- Mateo Looking to Keep Hotel-Room Tax with Maui County After testifying before committees at the State Legislature the last...
- Save the Hawaii Superferry The Hawaii Superferry, the first island to island car and...
- Dinner Cruise and Royal Lahiana Luau Package 10% Off For a limited time, we will be offering our Sunset...
Tags: Maui, Maui Dance, Recreational Dancing
