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The Maui News - Maui Dance Advocates and its president, Ramoda Anand, filed suit Tuesday, Sept. 30, in 2nd Circuit Court against Maui County and the Maui County Liquor Commission. The suit argues that county rules limiting dancing to a designated “nonconsumption” area in any establishment with a liquor license are unconstitutional. The Liquor Commission last year denied a petition by the Maui Dance Advocates to change the rule. First Deputy Corporation Counsel Jane Lovell said restricting where bar patrons can dance is a safety issue. But attorney Lance Collins said the problem with the rule is that it doesn’t clarify what dancing is. He said the rule should be “narrowly tailored” to restrict the kind of movement that actually impacts safety. As the law stands now, the determination of illegal dancing is at the discretion of individual liquor inspectors. “That has a clear chilling effect on expression,” said Collins. 2nd Circuit Judge Joseph Cardoza in January threw out Maui Dance Advocate’s appeal of the dancing rule on procedural grounds, saying the court did not have jurisdiction to hear an appeal of a Liquor Commission decision. Collins said the group decided instead to sue the county directly, so the case will once again return to Cardoza’s courtroom.
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