Unfair sign-waving enforcement is being claimed in an lawsuit filed by the American Civil Liberties Union of Hawai'i Thursday against Maui County.
According to the ACLU, who filed the lawsuit along with two of their members (Chuck Carletta and Mele Stokesberry), the county threatened to enforce a sign-waving prohibition against a group of Martin Luther King Jr. Day protestors in January of this year.
The statute in question, county code 12.42.030, prohibits sign-waving within 50 feet of any traffic control signal, 20 feet of a pedestrian crosswalk, or six feet of the edge of the pavement or other surface of the highway.
The plaintiffs claim that Maui County police officers regularly violate these rules with drunk and distracted driving demonstrations, and that enforcing the rules against them was unfair and in violation of their 1st amendment rights.
The suit seeks changes the county statute being enforced.
A spokesman for Maui County said that they had not yet received the lawsuit as of Thursday afternoon and therefore could not comment on the pending litigation.