Last week, Hawaii Governor David Ige issued an emergency proclamation targeting the current nonviolent protest blocking initial construction of the Thirty Meter Telescope on Mauna Kea. The declaration was described as intending to protect public health and safety, and “to also ensure the execution of the law, prevent lawless violence, and the obstruction of the execution of the law.”
“The emergency proclamation gives law enforcement increased flexibility and authority to close more areas and restrict access on Mauna Kea. This will allow law enforcement to improve its management of the site and surrounding areas and ensure public safety,” according to a press release issued by the governor’s office.
The emergency declaration was quickly challenged by the Native Hawaiian Legal Corporation, which filed suit in state court.
NHLC is representing Paul Kevin Neves, “a member of the Royal Order of Kamehameha, a Kumu Hula, and a Kanaka Maoli traditional religious practitioner.”
According to a press release from NHLC:
Emergency proclamations are for exceptional situations involving imminent public danger and threat to Hawai‘i’s population and its critical infrastructure. During times of emergency and natural disasters, the Governor can suspend any and all state laws. When issuing the TMT Proclamation, Governor Ige made clear that his intent was to enable construction of the TMT. The TMT Proclamation’s dubious effect has been to prevent Kia’i from exercising constitutionally protected rights of free speech, free assembly, free association, and free exercise of religion on the mountain; block Kanaka (Native Hawaiians) from accessing the mountain for spiritual purposes; suspend laws enacted to maintain public lands; and criminalize legally protected traditional and customary practices.
Here is a link to the full NHLC complaint.
The case was argued yesterday before a special three-judge panel. A quick preliminary ruling is expected today.
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The battle, WW3, is effectively over. Shogun Ige has failed, after organizing Warrior troops from all Counties, biggest and strongest, were ready to force the issue….but Governor Ige, Shogun leader in weakness failed to remove, unable to pull his Bushido Sword from his holster! Unable to point, lead nor start the battle. Ending, WW3 averted. Hopefully, by avoiding bloodshed, the issue may become Pono.
The enemy was not the Telescope, the “Ancient Aliens” await discovery.
Only by Lau’Lima will it occur. Peace on the Mountain.
I am glad to see the protectors. I can’t get excited about space while Earths/ Hawaii’s air, water, land environment is being ravaged. The
My impression is that neither side in the TMT conflict is particularly interested in either science or religion. Both sides are desperate for money and jobs. Good luck to them all, dishonest as they may be.
Ige, as with other political leaders, leads by design of money interests. Reason why there’s been little focus on care of the mountain or respect for the spirit it holds.
Mauna Kea had cultural significance to Hawaiians, but Mauna Kea was never considered sacred.
Meanwhile, we are approaching four solid years of rolling emergency declarations regarding homelessness and nobody even notices anymore.
What if the energy generated by the Drama on the Mauna were redirected toward demanding genuine accountability at OHA or, even better, addressing some of the crushing problems that affect EVERYONE on a daily basis?
We are in the era of space telescopes already. There is no need to build groundbased telescopes on top of mountaintops using outdated technology. This fight is totally avoidable. Hubble Space Telescope, Spitzer Space Telescope and there are many more.
Here is a link to some of the many space telescopes. https://en.wikipedia.org/wiki/List_of_space_telescopes
Stopping science is the key to Hawaii’s future. Tourism is everything we need.
Suggesting that protecting a mountain will stop science is irrefutable proof that science has already stopped.
Best comment I have seen yet!