Gay couple sue Hawaii B&B, claim discrimination

[Bad_Daddy 2,209]

http://news.yahoo.com/gay-couple-sue-hawaii-b-b-claim-discrimination-230124597.html

By JENNIFER SINCO KELLEHER | AP – 5 hrs ago

HONOLULU (AP) — Two Southern California women filed a lawsuit Monday against a Hawaii bed and breakfast, saying the business denied them a room because they are gay.

Aloha Bed & Breakfast discriminated against Diane Cervelli and Taeko Bufford, a couple living in Long Beach, Calif., claims the lawsuit filed on behalf of the women by Lambda Legal in First Circuit Court in Honolulu.

Cervelli, 42, called the business in 2007 to book a room because it's in Hawaii Kai, the same east Honolulu neighborhood where the friend they were visiting lived. When she specified they would need one bed, the owner asked if they are lesbians. Cervelli responded truthfully and the owner said she was uncomfortable having lesbians in her house because of her religious views, the lawsuit said.

Refusing to let the couple book a room was solely based on their sexual orientation because the owner indicated that if they were married, she would not have allowed them to stay there, said their attorney, Peter Renn of Lambda Legal's Los Angeles office. She also would have a problem if they were an unmarried heterosexual couple, he said.

The lawsuit claims the business violated Hawaii's public accommodation law prohibiting any inn or other establishment that provides lodging from discriminating based on sexual orientation, race, sex, gender identity or expression, religion, ancestry or disability. Lambda Legal said there are 21 states that have public accommodation laws that protect against sexual orientation discrimination.

The couple ended up booking a room in Waikiki and the experience with the bed and breakfast "soured" their trip, Cervelli said Monday while in Honolulu with Bufford, 28. "In my past experiences in Hawaii, people have been so friendly," she said. "It was just hurtful. It made me feel we weren't good enough."

Reached by phone, owner Phyllis Young declined to comment and referred questions to her attorney. Honolulu attorney Jim Hochberg said he is representing her on behalf of the Alliance Defense Fund, an organization of attorneys representing people whose religious freedom is infringed.

He said he hadn't yet seen the complaint.

According to the lawsuit, the Hawaii Civil Rights Commission investigated. During the investigation Young told the commission homosexuality is "detestable" and "defiles our land." The commission issued a notice of "reasonable cause to believe that unlawful discriminatory practices have been committed" and notified the couple of their right to sue.

The lawsuit wants the business to be ordered to comply with the law, for the court to issue a declaration making clear what happened was illegal and for the couple to be awarded unspecified monetary compensation, Renn said: "No amount of money is going to erase the humiliation and pain."

Renn said Lambda Legal is also looking into whether the bed and breakfast is licensed to operate. Aloha Bed & Breakfast is not on a list of properties approved for transient vacation unit or bed and breakfast use that have been issued nonconforming use certificates by Honolulu's Department of Planning and Permitting.

[Bad_Daddy 2,209]

It's pretty bad when you can't run your own business normally without some bs lawsuit being filed against you. These B&B owners are getting screwed by the "fringe".

[Obama 2012 1,714]

Discrimination laws are stupid in regards to private businesses.

I respect Hawaii's right as a state to have such laws, but they are ridiculous.

a B&B is someone's home and they invite people in to stay. They should be able to choose the clientel they wish to serve, plain and simple.

[Danno 1,228]

Another example of how "what they do in their bedroom is their business".... is a fail, these activist types are so busy being in everyone else's business trying to normalize their habits I doubt they have much time for bed.

[Bad_Daddy 2,209]

I just noticed they filed this suit against the B&B 4 years after the fact. They felt so bad they waited four years to file?

[sandinista! 1,816]

maybe that's how long it took that hawaiian commission to investigate? hawaiian time is slower-it's the islands.

regardless, damn this is an ugly thread. ick.

[SMR 368]

They must have had a major chip on their shoulder if this "soured" their trip. They're in Hawaii, for crying out loud. There are plenty of places to stay that don't care who you sleep with. Pick one. Grow a thicker skin. When your entire trip is soured by what a complete stranger says to you, you are probably unstable.

[Bad_Daddy 2,209]

They must have had a major chip on their shoulder if this "soured" their trip. They're in Hawaii, for crying out loud. There are plenty of places to stay that don't care who you sleep with. Pick one. Grow a thicker skin. When your entire trip is soured by what a complete stranger says to you, you are probably unstable.

[elmcitymaven 9,712]

It's state law. You may object to the law, but it's law nonetheless. As so many are fond of saying here, if you don't like the law, vote the lawmakers out and work to overturn it.

What's more interesting, in my opinion, is whether or not the B&B was licensed to operate as such. As a private home, of course the homeowners can decide who may come in on the basis of any discriminatory criteria. But if they were holding themselves out as being licensed, do the requirements not to discriminate accrue to them anyway? If they aren't licensed, does the issue become moot, and the real issue at hand becomes that they were operating without a license?

[Usui Takumi 1,562]

It's state law. You may object to the law, but it's law nonetheless. As so many are fond of saying here, if you don't like the law, vote the lawmakers out and work to overturn it.

What's more interesting, in my opinion, is whether or not the B&B was licensed to operate as such. As a private home, of course the homeowners can decide who may come in on the basis of any discriminatory criteria. But if they were holding themselves out as being licensed, do the requirements not to discriminate accrue to them anyway? If they aren't licensed, does the issue become moot, and the real issue at hand becomes that they were operating without a license?

Totally agree.

[Girl from Celebes 588]

I just noticed they filed this suit against the B&B 4 years after the fact. They felt so bad they waited four years to file?

Yeah, because almost every gay people came out from the closet now and government allow gay serves openly in military. It indicates to these people that they have more power to push their own agenda than ever. Just my random thoughts.

[sandinista! 1,816]

they are certainly random thoughts, and very half baked ones at that.

[Bad_Daddy 2,209]

Yeah, because almost every gay people came out from the closet now and government allow gay serves openly in military. It indicates to these people that they have more power to push their own agenda than ever. Just my random thoughts.

Agreed. In fact they have pushed it past the limit. In California it's mandatory for all children in the public school system to take a "gay history class". It's the only history class of it's kind that's based on sexual orientation. Things go in cycles in this country and it's about to take a swing to the right and the gays are going to find out soon enough why most of America considers them sick and demented.

[sandinista! 1,816]

as an alaskan with no children you sure are a huge concern troll re. cali school curriculum. what this has to do with a trashbag in hawaii thinking she can get away with blatant discrimination at her public business remains a mystery too.

Edited December 20, 2011 by sandinista!

[Bad_Daddy 2,209]

as an alaskan with no children you sure are a huge concern troll re. cali school curriculum. what this has to do with a trashbag in hawaii thinking she can get away with blatant discrimination at her public business remains a mystery too.

I was replying to Celebs in regards to gays pushing their agenda on everyone whether they agree with that sick and demented lifestyle or not.