United States Ninth Circuit

In a suit alleging First Amendment violations and other constitutional challenges to regulations and associated guidelines that require permits for "commercial weddings" on public beaches in Hawai'i, the regulations and guidelines are upheld in all respects, except the following provisions that violate the First Amendment: Paragraphs 18 and 21 of the Terms and Conditions, giving to the Chairperson of the Board of Department of Land and Natural Resources (DLNR) the authority to revoke an already issued permit "at anytime and for any reason in [his or her] sole and absolute discretion," and giving to DLNR the authority to add terms and conditions to an already issued permit such "as it deems necessary or appropriate."

Appellate Information

• Decided 06/06/2012
• Published 06/06/2012

Judges

• W. FLETCHER

Court

• United States Ninth Circuit

Counsel