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Monday, February 24, 2020
Is Allowing the Anti-Telescope Blockade Ethical?
By News Release @ 9:02 PM :: 1577 Views :: Hawaii County , Ethics, Greenmail, Higher Education, OHA

From ImuaTMT, February, 2020 

The Hawaii County Ethics Board is planning an investigation into non-enforcement of the law at the Mauna Kea Access Road.

Be there to give testimony!  Puna Conference Room, Hawaii County Building, 25 Aupuni St, Hilo.  Friday, February 28, 2020, 9:30AM to 12PM.

You can submit written testimony by Feb 24:

J.Yoshimoto@hawaiicounty.gov

Joe.Kamelamela@hawaiicounty.gov

---Key points---

1. The Thirty Meter Telescope has patiently worked through 10 years of the legal process to obtain its permit. TMT's permit was upheld by the Hawaii Supreme Court. The project will bring hundreds of jobs to Hawai'i, provide unique educational opportunities, and make Hawaii proud by substantially advancing our understanding of the universe.

The county and state of Hawai'i have committed an ethical violation by not enforcing TMT's right to access Mauna Kea, while enforcing some of the same laws elsewhere.

2. The TMT protest encampment has damaged native plants and led to trash and debris strewn on the site for months now.. Trashing Mauna Kea is not "kapu aloha".

Photo evidence is >>> HERE

Video is >>> HERE

Despite an outcry from the community, the state and county of Hawai'i have not made any attempt to fine the perpetrators or limit the presence of new structures.

3. The TMT protest encampment has vehicles abandoned in place -- including cars likely leaking battery fluid into the soil and an abandoned bus. The state and county of Hawai'i have committed an ethical violation by not moving to tow these vehicles.

4. The TMT protest encampment -- including tents, port-a-potties, and waste disposal bins -- sits largely on Conservation District land with the same or stricter designation as TMT. However, the encampment does not have the required permits to be on this site, nor have they conducted the required formal Environmental Impact Assessment.

The county and state have committed an egregious ethical violation by not immediately removing the portion of the camp sitting on Conservation District lands.

The county and state should fairly enforce its own laws. The only acceptable outcome is to remove the entire camp of structures and vehicles and prevent new ones from appearing until proper permits have been obtained.

We also formally request a Contested Case Hearing on the TMT protest camp.

---30---  

UPDATE: Hawaii County Ethics Board Easily Confused over Maunakea Access Road

HTH Feb 29, 2020: … Jurisdictional issues over Maunakea Access Road and who has authority to police it were at the forefront Friday, during several hours of testimony to the county Board of Ethics.

The board, after listening to dozens of testifiers, decided during a closed-door session to call in special counsel not affiliated with the county to help define the parameters of the board’s jurisdiction and authority. In the meantime, the creation of a resolution to conduct an investigatory hearing as to “why the rule of law is not being enforced” is on hold….

The perspectives were wide-ranging and didn’t easily fall into categories. A few testifiers addressed the pros and cons of allowing the Thirty Meter Telescope on Maunakea, although Robinson had cautioned them in advance that this wasn’t the topic of discussion.

Some in the restless crowd filling the council chambers in Hilo grumbled, booed and spoke over testimony from those they disagreed with, and a few chanted “Time, time, time!” when they thought a speaker was exceeding the allotted three minutes.

“Your rule of law does not apply to me nor any Hawaiian on our homestead lands. … It’s an access road that belongs to us. … That road belongs to me, not any of you,” said Maxine Kahaulelio, one of the 38 kupuna arrested on the mountain last year….

(Translation: ‘L’etat c’est moi.’)

Michael Nathaniel, a Native Hawaiian, recounted stories from his childhood of playing on the mountain and said he doesn’t think he should be blocked from going there now. He asked that the board investigate who has jurisdiction over the road.

“I was never told at any time that the mauna was considered sacred,” he said. “Elected officials have not been enforcing the law fairly and equally.”…

Ryan Thompson also asked that the Ethics Board take a stand. He said he went to the mountain Dec. 14 and was turned away by the kia‘i.

“There should be equal protection of everyone’s rights,” Thompson said. “They did not protect my rights that day on Dec. 14. The equal protection of the law is a constitutional right we should all enjoy, but it seems that not everyone gets to enjoy that.”….

read … Ethics Board seeks outside legal help over Maunakea Access Road

Background:

12-12-2019: VIDEO: Ethics Board Considers Mauna Kea Law Enforcement Inquiry

12-12-2019: Ethics Board to investigate Maunakea road blockade

1-30-2020: Ethics Board to take on Maunakea road block

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