Latest news with #HonoluluLiquorCommission
Yahoo
20-05-2025
- Politics
- Yahoo
City Council approves $40K Liquor Commission settlement
Litigation involving the Honolulu Liquor Commission and one of its former investigators who claimed discrimination, harassment and a hostile work environment based on his sexual orientation while working for the agency has advanced toward a settlement. Without discussion or public comment, the Honolulu City Council voted unanimously Wednesday to adopt the city's request to authorize the agreement for Jhumar Ray Waite, with the city agency solely charged with the power and authority to grant licenses for the manufacture, import or sale of liquor within the city and county. James DiPasquale, Waite's attorney, told the Honolulu Star-Advertiser his client will receive $40, 000 from the city as part of the agreement. 'It just resolves this simple case, ' he added. The mayor's office also confirmed the Waite settlement. 'The city determined that the settlement amount was reasonable when compared to the anticipated costs of continued litigation, ' Ian Scheuring, the mayor's deputy communications director, told the Star-Advertiser. 'In exchange for the monetary settlement, the plaintiff agreed to release and dismiss with prejudice all claims against the City and the Hono lulu Liquor Commission.' Filed in the U.S. District Court for the District of Hawaii in 2023, Waite's complaint had named HLC investigators Jacob Fears, Catherine Fontaine and Glen Nishigata as defendants in the case. The litigation alleged the trio, in their official and individual capacities, violated portions of the Civil Rights Act of 1964 as well as state laws related to discrimination against Waite. Waite—who had worked as a Honolulu liquor investigator starting in 2022 but later resigned—is gay and Filipino, the complaint stated. 'I think it is an appropriate agreement under the circumstances, ' DiPasquale said, adding that his client wanted to settle the case out of court. 'I think he was actually tired of the media. I think he was tired of the attention. He was very stressed. He wanted this to go away.' Meanwhile, the city's prior legal battle against Waite had amassed more legal fees for its hired law firm. In October the city requested the Council adopt Resolution 249, which sought an additional $115, 000 be appropriated to pay Kobayashi Sugita &Goda LLC to defend the city against the Waite civil lawsuit. On Oct. 9 the Council unanimously granted the city's funding request. The trial for Waite's civil litigation was set to begin in April, city officials said. Waite's jettisoned lawsuit follows a related 2021 federal complaint by a Chinatown nightclub and a guide to the islands catering to the LGBTQ + community that also led to a final settlement with the city in December, also involving DiPasquale as the plaintiff's attorney. That settlement agreement saw plaintiffs Scarlet Honolulu Inc. and Gay Island Guide LLC—who alleged anti -gay discrimination by investigators working for the HLC—receive $670, 000, and require mandated federal court oversight, among other reforms. Originally, the complaint had named two liquor commission investigators—Fears and Fontaine—who, along with other investigators working for the city, allegedly engaged in an 'ongoing campaign of unlawful, unconstitutional, and highly discriminatory anti-gay harassment of Scarlet, Gay Island Guide, and generally, the Honolulu LGBTQ + community ' that lasted more than six years, according to the complaint and attorney DiPasquale. After the city sought a motion to dismiss the Scarlet case in 2024, Chief U.S. District Judge Derrick K. Watson on Aug. 3, 2023, issued a 38-page order allowing the case to proceed to a bench trial. But the judge's prior ruling dismissed all claims against the two investigators, Fears and Fontaine, in their official capacities. Terms of the agreement involved changes to how Liquor Commission investigators operate as well as quarterly monitoring and reporting required to the court to oversee the status of implementation of those changes. This week, DiPasquale said his clients in the Scarlet case were also monitoring HLC and its supposed reforms. 'They got an opportunity to work with the new commissioner on a number of different things, ' he added, 'and they're happy with what they view as a legitimate desire to move things in the right direction.' Previously, Liquor Commission Administrator Sal Petilos told the Star -Advertiser his agency's reform efforts included a reorganization of the HLC's field services branch, increased and enhanced training for staff, and more funding for new applications and technologies to create the 'randomization of routine inspection and geolocation history data ' to deter bias among HLC investigators tasked with inspecting liquor-licensed businesses on Oahu. And as of May 1, HLC initiated a body-worn camera pilot program as a trial to document investigators' interactions with the licensed community, according to an agency news release. 'The intent is to increase transparency and accountability while building public trust and confidence in the Honolulu Liquor Commission, ' the April 17 release states. 'For the duration of the pilot program, no information collected will be used to issue warnings, violations, or any type of regulatory response.'
Yahoo
25-02-2025
- Business
- Yahoo
Honolulu seeks new exec for troubled Liquor Commission
The Honolulu Liquor Commission is looking to hire a new senior-level executive after it announced a key employee plans to leave the troubled agency after nearly 25 years on the job. On Thursday, Mayor Rick Blangiardi's administration said it commenced its search for HLC's new assistant administrator, the person charged with managing the day-to-day operations for the entity responsible for issuing liquor licenses and enforcing liquor laws on Oahu. The selected person will replace Anna Hirai, HLC's assistant administrator, who's set to step down from the position later this year, according to a city news release. In a statement, HLC Administrator Sal Petilos said Hirai 'served the Liquor Commission in several capacities for almost two and a half decades.' 'Her determination and expertise have been, and continue to be, critical to the Honolulu Liquor Commission's efforts to improve operations, ' he added. Petilos said Hirai's replacement must be 'a highly-motivated, civic-minded individual with the knowledge, skills and experience to provide critical support in our continuing effort to dramatically improve the efficiency and effectiveness of Honolulu Liquor Commission operations.' Don 't miss out on what 's happening ! Stay in touch with breaking news, as it happens, conveniently in your email inbox. It 's FREE ! Email 28141 Sign Up By clicking to sign up, you agree to Star-Advertiser 's and Google 's and. This form is protected by reCAPTCHA. 'Thousands of licensees around the island depend on the commission's work to do business, and our next Assistant Administrator will have a key role to play in delivering on our promise to improve every facet of our operation, ' he added. Among many day-to-day priorities, the assistant administrator is responsible for the general supervision and coordination of HLC's administrative services branch, which manages liquor license applications and renewals, the city said. That person also manages HLC's field services branch, which oversees investigative and enforcement activities. Additionally, the assistant administrator helps to facilitate strategic planning and ensure effective communications not just within the HLC, including licensees and the broader community, the city said. The salary for the position is $125, 000 annually, the city indicated. For his part, Petilos was selected to be HLC's administrator in 2023. In accepting the job, he took the reins of a city agency that faced several internal and external issues including low morale, low pay, understaffing and a history of its liquor investigators accepting illegal bribes and allowing alcohol-serving businesses like nightclubs to violate liquor laws. Outside litigation also alleged homophobic behavior among HLC investigators. But in October a 2021 federal lawsuit filed by the owners of a Chinatown nightclub and a guide to the islands catering to the LGBTQ + community in which they alleged anti -gay discrimination by liquor investigators was tentatively settled. At that time the provisional agreement was to see plaintiffs Scarlet Honolulu Inc. and Gay Island Guide LLC receive $670, 000, and require mandated federal court oversight, among other reforms. Originally, the complaint had named two Liquor Commission investigators—Jacob Fears and Catherine Fontaine—who, along with other investigators working for the city, allegedly engaged in an 'ongoing campaign of unlawful, unconstitutional, and highly discriminatory anti-gay harassment of Scarlet, Gay Island Guide, and generally, the Honolulu LGBTQ + community ' that lasted more than six years, according to the complaint and attorney James DiPasquale. After the city in 2024 sought a motion to dismiss the Scarlet case, Chief U.S. District Judge Derrick K. Watson on Aug. 3, 2023, issued a 38-page order allowing the case to proceed to a bench trial. But the judge's prior ruling dismissed all claims against the two investigators—Fears and Fontaine—in their official capacities. The trial started in late September. But by Oct. 8, seven days into the proceedings and following testimony from Scarlet co-owner Joseph Luna, who detailed specific instances of prior bigotry including the targeting of a transgender employee, the parties agreed to a resolution and were directed to Magistrate Judge Kenneth Mansfield for a 'settlement on the record, ' according to the nightclub's co-owner Robbie Baldwin. The Honolulu City Council formally adopted the settlement agreement Nov. 7. 'The $670, 000 settlement agreement between Scarlet Honolulu and Gay Island Guide and the Honolulu Liquor Commission was approved by City Council and finalized in December 2024, ' Ian Scheuring, the mayor's deputy communications director, told the Honolulu Star-Advertiser. A stipulation for dismissal of the complaint has already been filed and approved by the court, he added. 'The core component of the agreement relates to HLC operational improvements, ' he said. 'The settlement commits the HLC to implementing specific measures designed to strengthen its capacity to serve licensees and the community in a fair, equitable, and non-discriminatory manner.' The settlement agreement includes :—Modernizing operations by replacing manual tracking with GPS apps and implementing electronic recording of licensee interactions.—Ensuring fairness through randomized and equalized inspections.—Enhancing staff training, including LGBTQ diversity and inclusion training.—Improving accountability through monthly data reviews and complaint tracking.—Updating policies and procedures, including removal of outdated practices.—Diversifying organizational culture and improving public engagement. 'While the HLC must file quarterly progress reports with the court and meet regularly with plaintiffs to discuss implementation progress, the agreement explicitly states that these reporting requirements 'shall not be deemed court-imposed Federal Monitoring or Federal Oversight, '' he said. 'There was never any agreement to federal oversight.' Finally, there was no admission of liability by any party, he said. Scheuring noted the settlement also provided for the dismissal of a related Uniform Information Practices Act public-records lawsuit filed against the city by the same plaintiffs. Related litigation, however, is still ongoing. In late 2024 the city asked for more legal fees to defend against a 2023 federal civil rights lawsuit alleging three investigators subjected another investigator, Jhumar Ray Waite, to discrimination, harassment and a hostile work environment based on his sexual orientation and race after starting his job with the city in 2022. Filed in the U.S. District Court for the District of Hawaii, Waite's complaint names defendants Fears, Fontaine and Glen Nishigata and alleges the trio, in their official and individual capacities at HLC, violated portions of the Civil Rights Act of 1964 as well as state laws related to discrimination against Waite. Waite—who has worked as a Honolulu liquor investigator since August 2022—is gay and Filipino, the complaint states. To fight this lawsuit, the city requested the Council adopt Resolution 249, which seeks an additional $115, 000 be appropriated to pay law firm Kobayashi Sugita &Goda LLC to defend the city against the Waite civil lawsuit. In October the Council unanimously granted the city's funding request. The trial is set to begin in April, the city said. DiPasquale, Waite's lawyer, previously told the Star-Advertiser this case continues in part because no settlement was reached between his client and the city.
