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Attorney Solicits Plaintiffs For Kamehameha Schools Lawsuit

Lawyer Wants To Challenge School's Hawaiians-Only Admissions Policy

POSTED: 2:27 pm HST May 22, 2007

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A local attorney has started an e-mail campaign looking for plaintiffs in another lawsuit against Kamehameha Schools Hawaiians-first admissions policy.

The attorney sent the e-mail one day after Kamehameha announced last week that it had reached a financial settlement with a non-Hawaiian boy who was denied admission to the school.

Attorney David Rosen said he thinks Kamehameha's controversial admissions policy is race-based and discriminatory. He said he wants the U.S. Supreme Court to ultimately decide if the school's policy is legal or not. So, he sent out an e-mail looking for potential plaintiffs to come forward for a group lawsuit. (Read a copy of the e-mail.)

"I'm not going to do it with the intent to get a monetary settlement. I want to have the issue resolved," Rosen said.

In his e-mail, Rosen said he hopes to have 10 to 20 plaintiffs.

The e-mail said a "plaintiff must be school aged, 4 to 16 years old, live in Hawaii and intend to go to Kamehameha if accepted. It also may be necessary to apply for admission."

He said the identity of the plaintiffs will be kept confidential and there is no cost to the plaintiffs.

"What I would like to see is a cross-section of the community at large," Rosen said. "I think that the community see that this isn't one racial group against another."

"It's sad and it's outrageous that people continue to try and attack a private trust that was established for the benefit of the Hawaiian people," Kamehameha Schools spokeswoman Ann Botticelli said. "This attorney is taking a gamble and we think it's a big gamble because the 9th Circuit Court ruling, which was in our favor is now the law of the land."

Attorneys KITV spoke with said there is a gray area on fishing for plaintiffs. While it is not common and traditionally viewed as unethical, there is room in civil liberties cases.

Rosen would not say if any potential clients have come forward, but he said he believes once a lawsuit is filed it could be decided by America's highest court in less than two years.

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