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Tuesday, July 23, 2019
July 23, 2019 News Read
By Andrew Walden @ 6:06 PM :: 3441 Views

Doomed Telescope: Ige Hands off 'Leadership' to ... uh ... Harry Kim

Ethics: Wanna Buy Some State Land? -- Hire a Legislator, Its Legal!

U.S. Insular Areas Aid Supports More than 26,000 Jobs

Josh Green: Morally Superior Kupuna Should Have Absolute Veto—Telescope backed by inferior people should ‘Move On’

HTH: … After hearing from dozens of kupuna, or elders, about their various grievances, Green said he would speak with Ige about removing “all weapons” from the mountain and whether the telescope should still be built.

Green said the time is approaching for a “reckoning” to determine whether the TMT project can go forward.

The people with the most wisdom feel we can’t go forward without cracking the foundation of the Hawaiian culture,” he said.

(Translation: They are superior beings and you must bow before them.  I am their Viceroy, so bow before me, too.)

With the protests on Maunakea now into their second week, and similar protests occurring on other Hawaiian Islands, Green said the issue is no longer solely TMT, but is now about the “generations of hurt” felt by the Hawaiian community.

While many of the kupuna Green met with restricted their comments to worries about the TMT project itself, many others discussed how underserved the Hawaiian community feels by their elected officials.

“Why are our Hawaiian people suffering?” asked kupuna Emily Naeole. “If the American government doesn’t want to take care of us, then they should let us go.”…

(Emily Naeole is one of “the people with the most wisdom”?  Wow.  Just wow.)

Meet Emily Naeole (if you dare): “We were happy to hear the Board of Ethics rule in favor of our Petition #2009-7, the "thumbs down gesture" on the part of Emily Naeole, thus finding Emily Naeole in Violation of the Code of Ethics concerning that gesture.  As far as Petition #2009-6 is concerned, as Margaret Wille stated, the Board of Ethics ruled that Naeole had not Violated the Code of Ethics of the County of Hawaii on the part of her many statements concerning her religion and her skin color and her ethnicity during the 16 June 2009 County Council Meeting.”   -- Councilwoman Naeole to Go Before Board of Ethics for “Pen Throwing” Incident Next Week  2014: “Political violation to intimidate or extort” 2010—Naeole estranged Husband Sues over threats, stealing social security check 2010—Domestic Violence

BONUS READ: Another one of “the people with the most wisdom” Among ‘Kupuna’ arrested, “Abel Lui, 76, a longtime Hawaii island activist (convicted of 1976 manslaughter, jailed one week for assaulting park worker in 2010)” 

read … Green says issue has become more than just TMT, will speak with Ige to de-escalate confrontation

Hawaiian Airlines Gives Free Flights to Protesters: Tourism Industry Working to Destroy ANOTHER non-Tourism Activity

HNN: … Several visitor industry businesses responded to a call by Thirty Meter Telescopes opponents to remain closed on Monday.

Other companies, however, chose to stay open and educate their guests about the conflict instead.

Protest leaders urged those in the hospitality industry to halt their services for the day.

The Old Lahaina Luau on Maui took part and employees set up an information table with brochures to raise awareness about the dispute.

The business also notified about 450 guests who had reservations for the sunset show….

The state’s largest producer of commercial luau shows, Tihati Productions, decided to remain open on Monday.

Company officials said they would dedicate a segment of their performances statewide to explain the struggle on Mauna Kea to visitors….

The business will donate some of the proceeds from Monday’s shows to the Hawaii People’s Fund.

The Polynesian Cultural Center also decided to remain open. The business said it would work to increase dialogue with its guests on the importance of sacred places….

read … Tourism is Environmentalism

“Telescope Construction has Already Begun”

CB: … . It’s just been delayed by contested case hearings, an appeals process for the permit and currently, many hundreds of protesters blocking access to the construction site….

TMT spokesman Scott Ishikawa said Monday afternoon that the corporation is still committed to putting the telescope on Mauna Kea.

“TMT has become an icon for larger issues within the community,” Ishikawa said. “We respect those who express opposition and understand the pain they feel. However, whether or not TMT is built will not bring closure to it. We remain hopeful that we can find a way forward, with mutual respect.”…

Ige’s cabinet members were in meetings most of Monday discussing the future of the project…

read … Can The Thirty Meter Telescope Survive Growing Opposition?

Kahea: Ceded Lands Under Telescope are a Political, not Legal, Issue

Kahea: … In 2008, the Hawai'i Supreme Court ruled that under both federal and state law, the "State [has a] fiduciary duty to preserve the corpus of the public lands trust, specifically, the ceded lands, until such time as the un-relinquished claims of the native Hawaiians have been resolved[.]" OHA v. HCDCH, 117 Hawai'i 174 (2008) overruled as to federal law by OHA v. Hawai'i, 556 U.S. 163 (2009)

However, the Hawai'i Supreme Court has also ruled that the resolution of the un-relinquished claims of the Hawaiian people are "of a peculiarly political nature and therefore not meet for judicial determination" and "constitute[] a non-justiciable political question." OHA v. Yamasaki, 69 Haw. 154 (1987) In other words, resolution of these issues must occur somewhere other than the courts.

In sum, there is no legal process to resolve the un-relinquished claims of the Hawaiian people to their lands, including those crown and government lands that are Mauna Kea. The approval of the sublease for the TMT project and the conservation district use permit are predicated upon the courts being unable to directly address these issues….

read … Anti-Telescope Protesters Analysis

AG: Emergency Declaration Required to Prevent Repeat of 2015 Mauna Kea Blockades

HNN: … Deputy Attorney General Craig Iha agreed both protesters and law enforcement had shown restraint during the demonstrations, but also said law enforcement commanders were forced to pull back officers when they were surrounded by protesters. He said if they had not withdrawn, the officers may have had to use tear gas to drive back the crowd.

Iha said the real purpose of the declaration was to prevent what happened four years ago, much higher on the slope than where the current encampment is. And he said demonstrators may become more desperate as construction equipment moved up the road.

“They are there to stop TMT and they are doing it by erecting human blockades in the middle of the road,” Iha said. “And no matter how they characterize their activities ... deploying human barricades and structures and obstacles such as boulders as they did in 2015 is unsafe and unlawful.”

The three judges ― Gary Chang, Edward Kubo and Paul Wong ― questioned both sides in sometimes testy exchanges.

Chang raised his voice when the state attorney seemed to be avoiding his question about whether the emergency declaration was impairing cultural practitioners….

read … Judges challenge both sides in dispute over Mauna Kea emergency declaration

Telescopes Unprotected--Honolulu police officers returning home

KITV: … State officials estimated today’s crowd at the base of Mauna Kea be at about 1,500 people, which is down from the peak over the weekend but higher than the estimated few hundred late last week.

They said this afternoon law enforcement officers last week reported “alcohol and marijuana use in the protest area, which was the basis of the governor’s statement Friday regarding the illegal activity.”…

The Honolulu Police Department, meanwhile, confirmed today that 56 of its officers were sent to Hawaii island July 16 to assist law enforcement efforts at Mauna Kea, but are returning today and Tuesday.

“Their assignment was to assist Hawaii police officers in keeping roadways clear for the movement of construction equipment (oh well) and vehicles. Vans, trucks, and utility vehicles were shipped to transport the officers and their equipment, ” an HPD statement said. “The officers come from non-patrol and support units on Oahu. Their salaries will be paid by the department, and other expenses, including overtime and airfare, will be reimbursed by the Attorney General’s Office.”…

Kubo pointed out that the demonstration grew in anger and intensity when reinforcing officers from Honolulu arrived on the scene, and as many as 1,000 officers may be needed to do what Kopper suggested….

“I will warn you that they will probably not be resolved because we have a very limited scope of our jurisdiction and we do not have the power to validate one side over the other,” Chang said

Under the law, the governor has the sole authority to declare an emergency, and that declaration cannot be challenged in court. But the courts can step in to prevent unreasonable infringement of civil rights….

CB: In a letter to Honolulu Police Chief Susan Ballard, City Councilman Ron Menor asked why the officers were sent since the project is under the state’s jurisdiction, who fronted the costs for the trip and how the action affected operations on Oahu….

read … Honolulu police officers returning home

Police “Don’t Want to be There”

RNZ: … University of Hawaii associate professor Noelani Goodyear-Kaopua said many police are playing a reluctant role.

"For the law enforcement officers, they really have to do a lot of soul searching about why they're on the side that they're on and I know, many of them have expressed privately (and publicly) that they really don't want to be there, that they understand what side is the right side."…

read … Divided loyalties in Mauna Kea protests

Anti-GMO Councilmembers Sign Anti-Telescope Letter

SA: … The 10 officials who signed are: Kauai County councilmembers Mason Chock and Felicia Cowden (fresh back from Russia junket), Hawaii County councilmembers Maile David, Karen Eoff and Ashley Kierkiewicz, Maui County councilmembers Keani Rawlins-Fernandez; state Sens. Mike Gabbard and Kai Kahele; and state Reps. Amy Perruso and Tina Wildberger….

KGI: Anti-GMO Councilmembers call for Ige to reverse Mauna Kea proclamation

read … 10 elected officials ask Gov. Ige to rescind emergency proclamation

Native Hawaiian TMT supporter feels the time is now to speak up

HNN: … "If only one side of the story is heard, they tend to believe everything about it," said Crowell.

Crowell says he knows many Native Hawaiians who support TMT, but aren't saying anything publicly since the issue has become so personal.

He says the knowledge the telescope will provide, and the educational opportunities already available to students, are benefits that the state can't pass up….

Last October, a Honolulu Star-Advertiser poll of 800 registered voters found 77-percent supported the project, including 72 percent of Native Hawaiians.

Meanwhile, Miles Yoshioka, executive officer of the Hawaii Chamber of Commerce, says astronomy diversifies the state's economy, and says the industry helped Hawaii Island recover economically from the 1960 tsunami.

"There are 1,400 jobs statewide that are sustained by astronomy," said Yoshioka. "I think the economic impact is $90 million per year on Hawaii Island and about $170 million statewide. Here on the island it employs about 800 people, so that's a big number of paychecks."…

read … Native Hawaiian TMT supporter feels the time is now to speak up

Next Failure: DOE Leadership Starting Work On New 10-Year Strategic Plan

CB: … With the DOE’s current plan due to sunset in 2020, it’s clear many academic success “targets,” such as reducing student absenteeism and increasing teacher retention, won’t be met.

read … DOE Leadership Starting Work On New 10-Year Strategic Plan

Sylvia Luke Blocks Program to Get Mentally Ill Homeless off Street

HNN: … The launch of a new program aimed at helping move homeless drug addicts and the mentally ill off the streets of Oahu fell through after the deal was questioned by key lawmakers….

“This was not a situation where Wahiawa General had available empty beds that we could use right away. We would actually have to give them $10 million in taxpayer money to upgrade their beds,” said Luke. “I am very troubled that we would be giving a private entity a gift of $10 million.”

Luke, chair of the House Finance Committee, was also concerned that the Department of Health was planning to take money from its operating budget to pay for the needed renovation.

To speed up the project, DOH made the deal with the hospital under the governor’s emergency proclamation for homelessness. But Luke said that wasn’t right….

Agencies who want the project will now be given the chance to bid for it.

Wahiawa General remains one of them. CEO Brian Cunningham says he’s not discouraged by the delay.

“This is not uncommon in any project of this size and scope. So I was not surprised that we had to move into an RFP (request for proposals),” Cunningham said.

He said he’s hopeful that Wahiawa General will be awarded the project….

(Translation: The entire project is dead now.  The homeless will be kept on the streets for you to feel guilty about.)

read … Program to help homeless falls through after key lawmakers question deal

Lawsuit Challenges Hawaii Policy Of Ending Youth Mental Health Services At 18

CB: … The suit filed in federal court alleges a young women received minimal care when her case was turned over Hawaii’s adult mental health division, leading to the deterioration of her condition. …

HNN: Parents of a Maui woman with a mental illness file suit against the state

read … Lawsuit Challenges Hawaii Policy Of Ending Youth Mental Health Services At 18

Kauai: Some Residents Are Waylaying Tourists On The North Shore

CB: … State and county officials are trying to tamp down controversy over how smoothly the reopening of Kuhio Highway on Kauai’s North Shore is going, including actions by a self-appointed community group that has taken to waving tourist cars to the side of the road and providing inaccurate information to the occupants on where they can legally park.

The actions by the Kuhio Highway Regulation seem coordinated with a similar group that formed on Maui three years ago to create a de facto enforcement presence on Hana Highway.….

Organizers of Kuhio Highway Regulation estimate more than 400 tourist vehicles have been stopped.

And while Kauai’s chief of police, Todd Raybuck, has said he believes there may be a role for civilians to write parking tickets, the department warned them to refrain from pulling cars over.

“A small group of individuals have engaged in stopping vehicle traffic on the highway,” said Kim Tamaoka, a department spokesperson. “KPD has advised the group that the practice is illegal and future violations are subject to citation and/or arrest.”

Drivers who do pull over have been cautioned to hold their speeds down. They have also been told, erroneously, that there is no parking on Kuhio Highway past Hanalei except by permit….

Kauai volunteers even launched a page on to raise money to pay for a Hana Highway Regulation organizer to visit Kauai and counsel local people on how to adapt Maui’s approach to Kauai. The organizer, Napua Hueu, said Hana Highway Regulation has introduced a code of conduct for tourists driving the road there.

“We’re providing visitor education in the field,” she said, “and we’ll basically be doing intricate data collection where we have people posted at four locations on Hana Highway consistently for a few months.”

She claimed that Hana Highway Regulation has been responsible for a 96% decline in illegal parking, trespassing, illegal commercial activity and inappropriate behavior at sacred sites along the road.

But the group has also been controversial, especially over its claim that Maui County has made a $200,000 commitment to support its work.

Brian Perry, Maui County’s public information officer, said that while there is a line in the county budget for that sum to be made available in grants, there have been no applicants and that, at the moment, Hana Highway Regulation does not have any formal tie to county government….

read … Kauai: Some Residents Are Waylaying Tourists On The North Shore

Caldwell signs bill dedicating up to 160 city stalls to car-share

SA: … Honolulu Mayor Kirk Caldwell this afternoon signed a bill that would dedicate up to 80 on-street and 80 off-street parking stalls for lease to car-share companies.

Bill 19, co-introduced by city councilmembers Brandon Elefante and Joey Manahan, won 7-2 approval at the Honolulu City Council earlier this month.

Caldwell hailed the bill as a step toward building …uh… resiliency…yeah, that’s the word I was looking for, resiliency…. in Honolulu….

read … The War on Your Car Continues

HART Has A Recycled New Board Member: Ford Fuchigami

CB: …Fuchigami previously served on the local board overseeing Honolulu’s rail project as the state’s transportation director until 2017. Under city charter, the DOT director automatically serves as a HART board member. He left the post to join Ige’s inner circle as the governor’s administrative director.  …

Honolulu Mayor Kirk Caldwell informed Council Chairman Ikaika Anderson Friday that he’s appointed Fuchigami, a former top deputy in Gov. David Ige’s office, to replace Ember Shinn…

read … Recycled

Kauai: Rolling Blackouts Just Happen to Coincide with Loss of Solar Power

HNN: … “Unfortunately today the weather is overcast. There appears to be a storm approaching, so our solar facilities are not producing power,” KIUC Communications Manager Beth Tokioka said. “Turn off the lights, unplug appliances that you’re not using, really try to scale back your energy use as much as you can.”

There may still be rolling blackouts that could last for 30 minutes at a time….

KGI: Cable blamed for outage

read … No Solar

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