B&B discriminated against lesbians, appeals court affirms

The lawyer for a Hawaii Kai bed-and-breakfast business that was found to have discriminated against a lesbian couple says the operator is considering all of her legal options, including pursuing further appeal.

The Intermediate Court of Appeals on Friday upheld a finding by a lower court that Aloha Bed &Breakfast violated state law prohibiting discrimination in public accommodations.

Diane Cervelli and Taeko Bufford of Los Angeles sued Aloha B&B because they said when they tried to make a reservation in 2007, business owner Phyllis Young refused to rent to them because she told the women she is uncomfortable with having lesbians in her house.

Aloha advertises itself as a Christian B&B home that rents up to three rooms at $95 to $110 per night.

Cervelli and Bufford said they first took their complaint to the Hawaii Civil Rights Commission, where Young said she believes homosexuality is “detestable” and “defiles our land.”

State Circuit Judge Edwin Nacino ruled in 2013 that Aloha B&B discriminated against Cervelli and Bufford based on their sexual orientation. The law also prohibits discrimination based on race; sex, including gender identity or expression; color; religion; ancestry; or disability.

He rejected Aloha’s claim that under 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.

Nacino found that Aloha B&B is an inn, hotel, motel or other establishment that provides lodging to transient guests and therefore is subject to the state’s public-accommodation laws.

The appeals court backed up Nacino, finding that Aloha B&B is clearly “a place of public accommodation.”

Aloha B&B’s lawyer James Hochberg continues to dispute that, claiming that Young’s home and other homes on Mariners Ridge that rent out rooms “are not hotels and do not fit the definition of hotels.”

Jennifer Pizer, senior counsel of Lambda Legal, which represented Cervelli and Bufford, said the appeals court’s opinion is “definitive” and believes there is “slim chance for a different outcome” should Aloha take its case to the Hawaii Supreme Court.

If Aloha does not appeal the court’s opinion, or if the Supreme Court rejects the appeal, the case will go back to circuit court to determine damages.

During the proceedings, Aloha B&B’s own records show that the majority of its guests rent rooms for less than a week. According to city records, however, Young’s property on Kahauloa Place has not been granted a certificate that allows for short-term rentals of less than 30 days.