Leaflets with religious references are permitted in Honolulu's government buildings, under a settlement reached in a lawsuit that the Hawaii Civil Rights Commission had declined to pursue.
New rules issued last month, and recently released to the media, allow employees to discuss religion, express their beliefs and share religious literature. The action cannot interfere with work requirements or harass other workers, according to a memo from the city Department of Human Resources.
The rules were developed in cooperation with attorney James Hochberg, who filed the lawsuit on behalf of city maintenance worker Kelly Jenkins.
Jenkins filed a complaint in 2000 with the Hawaii Civil Rights Commission, contending violations of his religious freedom. He said his supervisor had prevented him from leaving business cards in the lunchroom, inviting people to the Calvary Church and containing a map. The supervisor would throw the cards away, Hochberg said.
"He's an evangelical Christian and he wanted anybody to have the opportunity to go to his church," Hochberg said of his client.
In 2003, the state Civil Rights Commission declined to pursue Jenkins' complaint, and he retained private counsel.
"We filed our complaint and within a year the city came to the realization that what had been going on was a violation of Mr. Jenkins' civil rights," Hochberg said.
He said the city recognized that it cannot restrict religious speech in a forum where it permits employees to post information about baby luau's and car sales. These things are allowed on bulletin boards in recreational areas of government buildings.
"They've opened the door to allow non-work communications to occur," he said.
Jenkins still works for the city but in a different department.
Telephone messages left by PBN with the city of Honolulu and the Hawaii Civil Rights Commission were not returned Monday.