HONOLULU WEEKLY, INC. v. HARRIS

Nos. 01-15854, 01-15992.

298 F.3d 1037 (2002)

HONOLULU WEEKLY, INC., a Hawaii corporation, Plaintiff-Appellee, v. Jeremy HARRIS, Mayor of the City and County of Honolulu; Carol L. Costa, Director of the Department of Customer Services; City and County of Honolulu; Roy K. Memiya, Director of the Department of Budget and Fiscal Services, Defendants-Appellants. Honolulu Weekly, Inc., a Hawaii corporation, Plaintiff-Appellant, v. Jeremy Harris, Mayor of the City and County of Honolulu; Carol L. Costa, Director of the Department of Customer Services; City and County of Honolulu; Roy K. Amemiya, Director of the Department of Budget and Fiscal Services, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed August 2, 2002.


Attorney(s) appearing for the Case

Kathleen M. Sullivan, Special Deputy Corporation Counsel, City and County of Honolulu, Stanford, CA, for the defendants-appellants/cross-appellees.

Scott K. Saiki, Bickerton Saunders & Dang, Honolulu, HI, for the plaintiff-appellee/cross-appellant.

Before: WALLACE, TASHIMA and TALLMAN, Circuit Judges.


OPINION

TALLMAN, Circuit Judge.

We must decide whether a City and County of Honolulu ordinance violates the First Amendment or the Equal Protection Clause of the United States Constitution or the corresponding provisions of the Hawaii Constitution. The ordinance requires all publishers who wish to distribute their publications along sidewalks in the Waikiki Special District to use one of two sets of newsracks — one reserved solely for publications...

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