HONOLULU — A federal appeals court has affirmed the dismissal of a lawsuit challenging the Hawaiian-preference admissions policy of Kamehameha Schools because the plaintiffs refused to publicly identify themselves.
Yesterday’s 9th U.S. Circuit Court of Appeals ruling upheld U.S. Magistrate Judge Barry Kurren's 2008 decision that plaintiffs’ names had to be disclosed in order for them to proceed with their lawsuit.
Four non-Hawaiian children who sued Kamehameha had sought to remain anonymous in the case.
An attorney for the children, David Rosen, had argued disclosing their names would expose them to retaliation and public humiliation.
The unanimous three-judge appeals panel said it was sympathetic to the concerns of the children, but cited "the paramount importance of open courts" in its ruling in Doe v. Kamehameha Schools.