DISCRIMINATION ON THE BASIS OF CLOTHING OR CLUB MEMBERSHIP IS ILLEGAL

Article Il, Section 2 of the Hawaii Constitution states that "all persons are free by nature and are equal in their inherent and inalienable rights. Among these rights are the enjoyment of life, liberty and the pursuit of happiness... the rights cannot endure unless people recognize their corresponding obligations and responsibilities." Hawaii law further states that, "Unfair discriminatory practices which deny, or attempt to deny, a person the full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations of a place of public accommodation on the basis of race, sex, color, religion, ancestry, or handicap are prohibited" Hawaii Statutes Section 483-3. In Cohen v. California, 403 U.S. 15 (1971), the United States Supreme Court ruled that American citizens have the First Amendment right to wear clothing that displays writings or designs. Additionally, the right of freedom of association has long been recognized and protected by the United States Supreme Court Accordingly, in Hawaii, an individual's right to motorcycle attire is constitutionally protected, and individuals or establishments who discriminate on the basis of motorcycle attire are subject to lawsuits.