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Friday, August 16, 2019
August 16, 2019 News Read
By Andrew Walden @ 6:49 PM :: 3769 Views

Hawaii Statehood: Tiny 1959 opposition was anti-Japanese, not anti-American

Ebbtide Waikiki: Fullard-Leo Family Fights Pimps for Control of Hotel (literally)

DoE Asks Feds to Allow Revised Suspension Numbers--Claims ACLU Suit Based on DoE Inability to Get Numbers Right

DBEDT Releases 2018 Hawaii Data Book

End 'gut and replace'

Case: Anti-Telescope Protesters ‘Would set us back a Generation’

KITV: … “We need to continue world-class astronomy in Hawaii,” Case told KITV.

Case feels the project would give the state an even bigger platform when it comes to international scientific study. He’s hoping it would build upon the successes of the James Clerk Maxwell and Submillimeter Array telescopes, which helped reveal the first-ever photos of a black hole this spring…

“Any time that we in Hawaii can be a world leader in an area that brings us recognition, that brings us job growth, that’s an industry we should pursue,” Case said….

“I very much fear that taking TMT in the direction that it’s going on is really going to set that effort back by a generation,” Case added….

HTH: 100 TMT supporters hold rally

read … Case, Gabbard remain split on TMT future

Broken Trust Figure and Larry Mehau Associate Colleen Hanabusa Running for Mayor: Former HART Chair Poses as … get this … Rail Watchdog!

CB: … Colleen Hanabusa is considering seeking the office of mayor of Honolulu in 2020.

The former U.S. congresswoman has filed an organizational report with the Hawaii Campaign Spending Commission.

It lists Honolulu City Councilwoman Ann Kobayashi as chair….  (And includes Kim Coleman a WolfPac operative.)

A public relations firm Thursday afternoon issued a statement from Hanabusa: “As the next group of federal subpoenas go out to the employees of HART, I believe, like many of you, it’s very sad to see this type of mismanagement and corruption at the highest levels of government in Hawaii. The public has lost trust in the city.”…

(Translation: She will be posing as a rail watchdog.)

(IQ Test: Are you fooled?)

read … Hanabusa Takes First Steps In Run For Honolulu Mayor

Gubernatorial Race 2022: Green vs Tupola—Both Candidates Oppose Telescope

HNN: … Two high-profile candidates are already raising money for the election, which takes place in 2022.

Republican Andria Tupola says she's all in.

The former House minority leader says her campaign was revived shortly after she lost by more than 100,000 votes to Ige in the November general election last year.

“I just let it go,” said Tupola. “I was like, ‘This is day one. This is not the end. This is day one.’”

Between finishing her doctoral degree and running her own community foundation, Tupola says she spends about 30 hours a week on the campaign trail.

She says she’s re-energized and focused on fundraising and voter outreach statewide….

“I really want my campaign to feel and look different so that people know that I really took to heart what I learned last year and what I’m going to be better so I can better prepare to be the governor of Hawaii,” she said….

read … Believe it or not, race to replace Gov. Ige is already taking shape

Hawaii county police incident commander at Mauna Kea describes ‘volatile’ situation

HNN: … Hawaii county police Major Samuel Jelsma was the incident commander on July 17. He described deals with protesters that fell through before the arrests started to happen according to a court declaration filed in relation to a Mauna Kea access case.

He said during the arrests of the kupuna, others would occupy their seat. Then a blockade of more than 100 protesters formed with women in the front. Jelsma said police were outnumbered 10 to 1 by 2,000 demonstrators.

"There was a significant risk that the increasingly vocal and volatile group of protesters on both shoulders would respond with violence if law enforcement officers took the necessary action to forcefully separate protesters who were blocking the road," he wrote in the document.

"The only way for law enforcement to effectively clear the roadway to allow the TMT convoy to proceed would be to use significant force which would trigger a violent response and potentially create a riot that would have necessitated chemical agents to disperse the crowd," he added.

The incident commander described some activists as having their faces covered and carrying bamboo sticks behind their backs. He also wrote some vehicles parked in the middle of Daniel K. Inouye Highway which hindered law enforcement vehicles….

In those same court documents, Hawaii Attorney General Clare Connors described a "combustible cocktail of factors" with thousands of protesters, unsafe road conditions, heavy equipment transported and high altitude that must be prevented for the safety of all….

read … Hawaii county police incident commander at Mauna Kea described ‘volatile’ situation

To Create More Telescope Protesters--Statewide ‘Immersion Programs’ on Demand

MN: … “It’s an amazing opinion,” David Kauila Kopper, one of the Native Hawaiian Legal Corp. lawyers representing the plaintiff, told The Maui News on Thursday. “It has implications not just on Lanai but for all of Hawaii.”

Hawaiian immersion education options, also called Kaiapuni schools, exist at 23 sites on five of the main Hawaiian Islands, but there is no program on Lanai, according to the Education Department.

(Immersion schools produce telescope protesters. Get it?)

The case, brought by Lanai mother Chelsa Clarabal on behalf of her two school-age daughters, now will go back to the lower Oahu court, Kopper said.

“It is truly a blessing to have been able to bring this case for not only my daughters but for all the families on Lanai,” Clarabal said in a news release. “Fairness and equality for Lanai is what we strived to achieve.”

In a 4-to-1 decision Tuesday, justices ruled that access to Hawaiian history, culture and language education, a handful of times per week, was not enough and that steps must be taken to build an immersion program for the girls.

The 49-page opinion said the state Constitution’s Article 10, Section 4, which provides a Hawaiian education program in public schools, “was adopted for the express purpose of reviving the Hawaiian language.”

Justice Paula Nakayama in a written dissent said that the state should provide “as many students as possible” with immersion access but disagrees that the state Constitution mandates it….

Jurist: Hawaii Supreme Court rules state must provide Hawaiian language immersion options

read … OHA-controlled brainwashing

Police chief defends sending Maui officers to Mauna Kea—’Will Do It Again’

MN: … Maui Police Chief Tivoli Faaumu defended his decision to send 27 Maui police officers to Mauna Kea last month and says he would do so again if requested by Hawaii County police.

“I will support them,” Faaumu said Wednesday.

Maui officers were sent July 16 to 23 to Mauna Kea, where protesters had gathered to oppose the start of construction of the Thirty Meter Telescope at the summit.

Initially, Maui police went to assist with the safe convoy of vehicles to the summit. But when officers arrived at the road to the summit, there were demonstrators.

A lawsuit against Honolulu, Maui and Hawaii island police departments over Neighbor Island police assisting at Mauna Kea is progressing, though no court hearing dates were listed as of Wednesday, according to online court records.

The lawsuit was filed in 3rd Circuit Court last month on Hawaii island by cultural practitioner and Hawaii Community College professor E. Kalani Flores, who alleged that it was a violation of state law having officers from other islands assisting Hawaii island police.

He claims that county police officers are prohibited from exercising their police powers beyond their territorial jurisdiction, unless it is related to an investigation that originated in their home county.

Ramos previously has said that under state law, if one county police chief requests assistance from another chief and there’s an agreement between chiefs, officers can be sent to the other jurisdiction “with all authority and rights.” …

SA: Thirty Meter Telescope law enforcement costs slowly being made public

read … Police chief defends sending Maui officers to Mauna Kea

Caldwell’s Bulky Item Scheme Purposefully Designed to Fail 

Cataluna: …This is impossible to get straight because it is completely twisted and nonsensical. Honolulu has become Crazytown.

Caldwell’s quote wasn’t just maddening, it was mad. It was angry and accusatory, like the whole stretch of island from Foster Village to Hawaii Kai is out to sink the program and make him look bad.

“Don’t just watch it happen and then complain at the neighborhood board or to your favorite local media,” Caldwell said. “Complain to the people who can do something about it.”

Mr. Mayor, sir, this is the big knock on you and your administration. You don’t listen to people. Maybe the city CAN do something about it, but that doesn’t mean they WILL, not unless the favorite local media gets involved and a story gets out that makes you shame. Not unless the stalwarts at the neighborhood boards start making phone calls and writing letters and showing up at City Council meetings. Only then it seems the people who can do something about it actually do something about it.

One theory floating around is that Caldwell is trying to make the situation as untenable as possible so that the community gives up and agrees to start paying for trash pickup. It’s a twisted theory, but not more twisted than trying to say something is working when it just isn’t…. 

read … Wait, who is going to catch illegal dumpers?

Settlement progress reported in legal challenges to vacation rental law

HNN: … The city and vacation rental operators say they’re close to resolving many of the legal challenges to the new vacation rental law.

The Hawaii Vacation Rental Owners Association, also known as the Kokua Coalition, sued the city on Aug. 1, saying the new law could allow the city go after operators of legal vacation rentals.

Currently, vacation rentals of 30 days or more are allowed. But the suit said the new law could require guests to remain in that unit for the full 30 days.

In court Thursday, both the city and the coalition agreed that that’s not what the law intended.

“The city has acknowledged there is no requirement in the law that the guest actually occupy for 30 days," said Greg Kugle, attorney for the Kokua Coalition.

“That would be impossible for any landlord to lock the doors and lock somebody in the unit.” ….

read … Settlement progress reported in legal challenges to vacation rental law

Mayor Debunks Earthjustice ‘Misinformation’: Maui County’s appeal is not to ‘gut’ the Clean Water Act

MN: …Congress designed the Clean Water Act as an “end of pipe” regulatory tool for river, lake and ocean outfalls where the quality of effluent and its effect on the receiving water body can be measured and regulated at a single point. The Clean Water Act reserves the states’ authority to protect and regulate impacts to groundwater resources.

The Safe Drinking Water Act and other laws govern injection wells, septic systems and stormwater retention basins to protect both public health and the environment.

While a Hawaii U.S. District Court and the U.S. 9th Circuit Court of Appeals agreed with the expansion of the Clean Water Act, not all courts were willing to step as far away from Congress’ original intent. This is why the U.S. Supreme Court agreed to hear Maui County’s case, to give clarity to this important area of law.

Despite rhetoric aimed at persuading our lawmakers to withdraw from the Supreme Court, Maui County’s appeal is not to “gut” the Clean Water Act.

Recent media misinformation has painted a false picture of offshore conditions in West Maui. The focal point has been to allege a connection between water from injection wells and poor reef and fish health offshore of Kahekili Beach in Kaanapali.

A short online search shows photos of fish, sea turtles and a coral reef that appear to be in relatively healthy condition at Kahekili. Earthjustice has used photos dating prior to 2004 to show poor off-shore conditions then at this location. Misleading nearshore photos suggest there are coral “dead zones,”but the fact is coral typically does not grow in the areas where waves break.

More recent studies show conservation measures in West Maui are improving the health of reef and fish.

In July 2008, the Kahekili Herbivore Fisheries Management Area was created, with proactive fisheries management measures used to control invasive algae and improve overall reef resilience.

In 2014, the county hired Drs. Steve Dollar and Eric Hochberg to evaluate the effects of recycled water/groundwater from the Lahaina wastewater reclamation plant on the reef at Kahekili Beach and along the coastline. If underground seeps of recycled water were causing impacts to the reef, there would be “halos” of reduced reef cover around the seeps, but no such halos were observed.

A 2017 study by the National Oceanic and Atmospheric Administration found that, with coral coverage of 30 to 58 percent, the Wahikuli and Honokowai watersheds contain the greatest extent and concentration of coral-rich habitat in West Maui. Relatively well-developed, spur-and-groove coral reef complexes thrive off of Canoe Beach, Kahekili Beach Park and Honokowai Point….

read … Maui County’s appeal is not to ‘gut’ the Clean Water Act

Limited Training Options Worsen Hawaii’s Doctor Shortage

CB: … Officials estimate the state needs 800 more physicians, but the training pipeline for future doctors would need to expand three-fold to begin filling the gap….

read … Limited Training Options Worsen Hawaii’s Doctor Shortage

Assisted Suicide: Alleged ‘Death Doula’ Con Artist Married to Well-Known Maui Eco-Activist

MN: … A criminal investigation into the death of a 57-year-old Kihei woman who was assisted by a “death doula” has been assigned to the Honolulu prosecutor’s office, after the Maui County prosecutor’s office had a conflict with the case…

Fay Block had been suffering from chronic foot pain before she died at home April 24, 2017, under hospice care with death doula Heather Parsons present, according to a wrongful death civil lawsuit that was filed in April in 2nd Circuit Court.

A death doula, also known as a death midwife, is described as a person who assists in the dying process.

The lawsuit alleges that Parsons befriended Block, became her primary caregiver, and “in a matter of months orchestrated the victim changing all of her estate planning documents, getting the victim to convey all of her assets to the death doula, and starving, dehydrating and drugging the victim to death.”…

While Parsons disclaimed her interest in Block’s other assets during court probate proceedings, Parsons retained possession of Block’s three-bedroom house on Hoalike Street in Kihei, according to court records. On March 7, 2017, the month before her death, Block had transferred ownership of the house to Parsons for $10, according to the lawsuit….

Ranken, who represents Heather Parsons and her husband, Rob Parsons, who are both named as defendants in the civil complaint, said the conflict exists because Maui County Prosecuting Attorney Don Guzman, who was appointed to the position in March, knows and worked with Rob Parsons, who was environmental coordinator in former Mayor Alan Arakawa’s administration while Guzman was a County Council member. Ranken said Guzman knows Heather Parsons through her husband….

read … Prosecutor from Honolulu to take on criminal probe of Parsons’ case

Kauai Island of Retaliation: “Saliva was coming out of his mouth and (it) looked like he was going to explode.”

TGI: … Perry retired last year after a over a decade as chief of KPD. Now, a year later, he is suing for wrongful termination, defamation and several other claims related to an investigation into his conduct that his lawsuit says was inappropriate and intentionally designed to harass.

According to the lawsuit, filed Aug. 9 in Fifth Circuit Court, Perry was hired in 2007 “as a ‘change agent,’ and faced leading a department that was ‘factionalized’ and divided.”

What eventually turned into a protracted and very public dispute between Perry and former Kauai Mayor Bernard Carvalho began during a July 2010 meeting, “during which Mayor Carvalho was hostile, angry,” and “yelled out offensive curse words” at Perry.

“Carvalho’s face was flushed red and tense; he paced back and forth and stepped toward (Perry), pointing his finger with his voice raised and yelling and used the ‘f-word’ on more than two occasions,” the lawsuit says. “Saliva was coming out of his mouth and (it) looked like he was going to explode.”

In the suit, Perry says the meeting was the beginning of “conspiratorial and continued efforts” to terminate his employment and “ruin his reputation and standing in Kauai County and among the professional law enforcement community.”…

Besides Carvalho, a number of other prominent former and current county officials are also named in the lawsuit. Here are some of them: former County Attorney Alfred Castillo, former Managing Directors Gary Heu and Nadine Nakamura — now a member of the state House of Representatives — former Deputy County Attorney and current Prosecuting Attorney Justin Kollar.….

read … Perry sues county

Hawaii County Execs Score 1.25% Raise

HTH: … The county Salary Commission on Thursday rejected across-the-board average 6.1% raises for county officials, but settled on a 1.25% cost-of-living adjustment instead.

The commission voted 2-4, killing a package giving raises of about $5,600 for each position, a 3.4% to 7.5% increase. The mayor, for example, would have seen his pay rise to $168,223 annually; the County Council chairman would have been paid $82,657 and a council member would have gotten $75,649….

It then voted 6-1 for a cost-of-living hike. The measure proceeds to the commission’s Aug. 28 meeting, where a full report will be available for the public before the vote is formalized.

Commissioner Nelson Harano was the no vote on both measures. The Kona representative was skeptical that the county would raise the revenue it’s forecast to, especially the $845,000 it predicts will come this year from signing up transient vacation rental operators. That amounts to 17,000 rental fees, he said, while the county so far hasn’t signed up 5,000 as it faces a September deadline….

“I would like to see county government from their side put out a little more revenue that’s telling us they can afford this raise,” Harano said. “I would like to see government do more. … It seems every single time there’s a budget shortfall, it seems the residents pay for the budget shortfall.”

Other commissioners who voted against the larger increase cited the uncertainty and extra costs revolving around the standoff on Maunakea, the continuing recovery from last year’s volcanic eruption and the slowing economy statewide as reasons to be conservative with raises.

Top officials, including the mayor, County Council, prosecuting attorney, department heads and deputies, last received raises in 2017, when they saw increases of $16,700 to $42,900, or 13.2% to 39.7%….

read … 1.25%

Eric Ryan: My Mom Voted Against Statehood

SA: … “People like my father and other Native Hawaiians worked very, very hard supporting the concept of statehood,” John Waihee said. “If they believed for a second that it had anything to do with the overthrow, they would not have been supporting it. What they believed was we would finally have a better deal.”

Ironically, Eric Ryan, who is is staging the Bubba Gump celebration, says his mother was one of the 6% who voted against statehood in 1959. “She didn’t want Hawaii to be hooked on federal money,” he said….

Precisely as Explained: Hawaii Statehood: Tiny 1959 opposition was anti-Japanese, not anti-American

read … Hawaii hits 6-0 as a state without fanfare

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