The U.N. Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) is set to hear oral arguments in a case that could affect the future of recreational cannabis cultivation in Hawaii.
Court of Appeals for the Ninth Circuit, which hears appeals from California, Nevada, New Mexico, Oregon and Washington, has agreed to hear the case.
A panel of three judges has scheduled oral arguments for Jan. 28.
The case, U. S. v.
Kwan, was filed by a California dispensary owner who is a tenant of a property owned by Kwan Gardens apartments, a facility located in Hawaii’s largest city.
The tenant, Robert Kwan III, argued that the building does not fall within the definition of an apartment complex under CEDAW because it is a single-family residence.
He also claimed that the apartment’s use as a cultivation facility for recreational cannabis is in violation of CEDaws protections against discrimination.
Kavanews attorneys, Scott Smith and Mark Hirschberg, countered that CEDaw protects people who live in single-use buildings from discrimination based on race, religion, sex, disability, national origin, age, familial status and familial relationship.
But Smith and Hirschberger argued that CODAW does not protect people who rent out single-unit apartments.
The court has yet to decide whether to hear that argument.
Smith and his colleagues filed a brief arguing that CABHs protections against gender-based discrimination and racial discrimination extend to all people regardless of their occupation or income status.
“In addition, because Kwan’s apartment complex does not qualify as a single family residence under CABHA, Kwan and his landlords have not violated any federal or state anti-discrimination laws,” the brief said.
The case was filed in June and will be heard by three judges, who are expected to rule in the fall. “
The landlord’s discrimination against Kwan is an unconscionable and unlawful act of discrimination that, if sustained, would subject Kwan to unlawful harassment, harassment by Kavan, and unlawful eviction.”
The case was filed in June and will be heard by three judges, who are expected to rule in the fall.
“If we get a full hearing, we will be prepared to rule on the merits of the case, and if we do not, we’ll make a final decision on whether to revisit the issue,” Smith said.