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AIONA v. PAI

No. 74-1469.

516 F.2d 892 (1975)

Darrow AIONA et al., Plaintiffs-Appellees, v. George T. H. PAI, Attorney General of the State of Hawaii, Defendant-Appellant, Barry J. C. Chung, Prosecuting Attorney of the City and County of Honolulu, State of Hawaii, et al., Defendants.

United States Court of Appeals, Ninth Circuit.

May 13, 1975.

Attorney(s) appearing for the Case

Peter J. Levinson, Deputy Atty. Gen., Honolulu, Hawaii, for defendant-appellant.

Winston Mirikitani, Honolulu, Hawaii, Michael Town, Wailuku, Hawaii, Joseph T. Kiefer, Honolulu, Hawaii, for plaintiffs-appellees.

Before CHAMBERS, ELY and GOODWIN, Circuit Judges.

OPINION

PER CURIAM:

Denying a motion to convene a three-judge court pursuant to 28 U.S.C. § 2281, a single district judge issued an Order declaring Hawaii Rev.Stat. § 291C-77(c) (1973 Supp.) unconstitutional and enjoining the statute's enforcement. The Attorney General of Hawaii appeals.

The contested statute bans movable political campaign signs from sidewalks and other areas adjacent to highways...

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