A state judge has ruled that a bed-and-breakfast in Hawaii Kai violated state law when it refused to rent to a lesbian couple because the women are gay.
Circuit Judge Edwin Nacino made the ruling last month and entered a partial summary judgment order in favor of the couple Monday. The order also prohibits the B&B from discriminating against same-sex couples as customers.
Still pending is the amount of damages owed to the women. However, efforts to determine that will be put on hold if Nacino grants the B&B a stay of the proceedings while it appeals his order.
Diane Cervelli and Taeko Bufford of Los Angeles sued Aloha Bed & Breakfast because they said when they tried to make a reservation in 2007, business owner Phyllis Young asked them whether they are lesbians, then refused to rent to them because she told the women she is uncomfortable with lesbians.
Nacino ruled March 28 that because Aloha Bed & Breakfast did not dispute Cervelli and Bufford’s statement of facts, the B&B violated state law prohibiting discrimination in public accommodations.
The law prohibits discrimination based on race, sex, including gender identity or expression, sexual orientation, color, religion, ancestry or disability.
He rejected Aloha Bed & Breakfast’s claim that under the state housing law, an owner or lessor who resides in the dwelling can refuse to rent to people based on their sex, sexual orientation or marital status.
The plaintiffs’ lawyer, Peter Renn of Lambda Legal, said Cervelli and Bufford came to Hawaii but stayed in Waikiki. He said the women had wanted to stay in Hawaii Kai because that is where their friend lived.
Lambda Legal is a national organization that seeks recognition of civil rights for lesbians, gay men, bisexuals, transgender people and those with HIV.