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Saturday, July 8, 2023
July 8, 2023 News Read
By Andrew Walden @ 4:44 PM :: 1611 Views

Lawsuit Coming: Murder of Ariel Sellers Reaches Probate Court

Notice of Judicial Vacancy – Circuit Judge, Circuit Court of the First Circuit

New council will evaluate effectiveness of Hawaii DOT

New Sunshine Law Requirements

HSTA Flies 98 to Florida Rally for Transsexual Agenda

GE Tax Hike passes first reading 

MN: … Maui County Council members gave the first of two required approvals Friday to adopt a surcharge on top of the state’s general excise tax to fund housing infrastructure in the county. 

Council members voted unanimously on first reading to adopt a half-percent surcharge on top of the state’s 4 percent GET, which is like a sales tax that is charged when residents and visitors buy products and services ranging from groceries to clothes to even a haircut. If approved on second and final reading, the surcharge will be levied starting Jan. 1. 

The extra revenue, which is estimated at around $80 million a year for the county, would be allotted to housing infrastructure, such as sewer, water reuse, water, drainage, waste disposal and waste treatment systems that connect to county infrastructure, along with pedestrian paths or sidewalks on a county road near or around a public school. 

If the bill is passed, Maui County would be the last in the state to take up a surcharge that other counties adopted years ago. This year, the state Legislature passed a bill that was signed by Gov. Josh Green to allow Maui County another opportunity to establish the surcharge it initially passed on adopting in 2019. Council Chairwoman Alice Lee and county Finance Director Scott Teruya lobbied the Legislature to allow the county another chance. …

read … Maui County’s tax surcharge proposal passes first reading 

New measure provides relief to property owners making less than $80k per year

KHON: … The new law is set to go into effect Jan. 1, 2024. The deadline to apply is by Sept. 30, 2023, which you can do so by clicking here….

GRIH: Bill 37, CD1: Increase income eligibility for property tax credit

read … New measure provides relief to property owners making less than $80k per year

Governor changes HTA board ahead of special meeting

SA: … The composition of the beleaguered Hawaii Tourism Authority board unceremoniously changed Friday when Gov. Josh Green appointed two new members effective immediately.

Green, who has been critical of HTA’s ability to get the necessary legislative support to fund its missions, appointed Hawaiian Airlines’ Blaine Miyasato and Business, Economic Development and Tourism Director James Kunane Tokioka to fill four-year terms, which will expire June 30, 2026, on the 12-member board.

Friday was also the last day for HTA Chair George Kam and board member Keone Downing, who had been appointed by Gov. David Ige and had been serving as holdover board members since their terms expired June 30.

That means the HTA board will be under new leadership when it holds a special meeting Thursday to address several pertinent topics, including how to proceed after current HTA President and CEO John De Fries leaves the agency upon the ending of his contract Sept. 15….

BIN: Governor names two new members of Hawai‘i Tourism Authority board

read … Governor changes HTA board ahead of special meeting

City seeks dismissal of LGBTQ+ lawsuit involving liquor commission

SA: … On Oct. 24, 2015, during a fundraiser for the Life Foundation, a Hawaii AIDS nonprofit organization, an HLC investigator arrived to inspect Scarlet’s Tiki Bar. The investigator (insert word ‘allegedly’) was overtly homophobic, aggressive and unprofessional throughout his inspection, which concluded with him shutting down Scarlet under claim that the Tiki Bar was not authorized under its license, according to court documents.

Four days later, Scarlet’s owners allegedly learned the investigator was not authorized to shutter a business, triggering an internal investigation into whether Scarlet was legally permitted to operate the Tiki Bar in its establishment, “causing significant financial damage.”

More than five years later and largely due to the COVID-19 pandemic, Scarlet was closed for most of 2020 and 2021, but was permitted to operate for five weeks in June and July 2020. Due to administrative and scheduling issues, Scarlet opened for only eight days during that time frame, and was inspected by HLC six times in eight days….

To that point he used HLC’s own data and records to show “a systemic and prolonged effort by HLC to target LGBTQ+” businesses and the community. Among those, DiPasquale noted there are approximately 1,500 total licensees or establishments serving alcohol to patrons in Honolulu.

Of those, seven are deemed LGBTQ+ businesses.

He said the seven establishments were inspected 63 times in 2020 alone — or nine times per establishment — while hundreds of other alcohol-serving establishments in that same year were either inspected only once or not inspected at all….

read … City seeks dismissal of LGBTQ+ lawsuit involving liquor commission

90-time loser killed at OCCC

SA: … His extensive rap sheet illustrates a troubled past, with nearly 90 entries beginning in 2004 for a myriad of charges, including assault, theft, harassment and criminal property damage. In September, October and February he pleaded no contest to separate charges for fourth-degree theft. In the February case he also pleaded no contest to a third-degree assault charge.

In January, Vaefaga was cited for having an unpermitted structure on the sidewalk in the Chinatown area, indicating he had experienced homelessness. Court records showed he had no local address at the time…..

CB: OCCC Inmate Death May Be The 4th Murder In A Hawaii Correctional Facility Since 2020

read … OCCC inmate found dead in cell after assault, police say

Lawsuit: Maui Police Trainers Failed To Aid Recruit Who Fell Unconscious

MN: …  Alexa Jacobs was admitted to hospital in a coma and a temperature of 107 degrees Fahrenheit .…

MN: Recruit hospitalized during training sues officers

read … Lawsuit: Maui Police Trainers Failed To Aid Recruit Who Fell Unconscious

Female Principal Performed Unlawful Search Of High School Girls, Lawsuit Alleges

CB: …Three former female students are alleging that the principal of their public charter high school performed illegal strip searches on them after they had been accused of vaping and smoking on a class field trip in September 2019, according to court documents. …

During the incident Kapolei Charter School by Goodwill Hawaii principal Wanda Villareal allegedly asked high school juniors Randell Akau, Chevelle Peter and Anuhea Morales Nelson to lift their shirts during the search which occurred four days after the field trip. 

Villareal also grabbed the middle of their bras, forced each student to jump up and down and patted down their “waist, hips and buttocks.”

“It made me feel very uncomfortable. I felt like I was violated,” Akau said Friday. …

In a response submitted to the 1st Circuit Court, the defendants argued that they had “reasonable grounds” to search the students and that the search was “lawful” and not a “strip search.” …

According to the 2019 Kapolei Charter School Student Conduct and Discipline Policy, searches are permissible if there are “reasonable grounds” to suspect a student has violated school disciplinary policy, which includes the possession of “drugs, drug paraphernalia, tobacco.”

Kapolei Charter School by Goodwill Hawaii had its state contract renewed for four more years on July 1. More than half of the 161 students enrolled in the 2021-2022 school year were Native Hawaiian or Pacific Islander.

The court has scheduled hearings in the case for Tuesday and Wednesday. Jury selection is set for July 17….

UPDATE: Court Rules In Favor Of Hawaii Charter School In ‘Strip Search’ Lawsuit

read … Principal Performed Unlawful Strip Search Of High School Girls, Lawsuit Alleges

Why dozens caught on video running red lights had their cases dismissed

KHON: … more than 6,875 citations have been issued and hundreds tried to fight it.

According to the state judiciary, 312 contested the citations and 43 were dismissed.

Jai Cunningham, Dept. of Transportation communications, said there are only a few reasons why the citations are dismissed in court. One of them is the person sold the car but the title was still in their name….Another reason for dismissal: If your car is stolen….

The good news is, after seven months the transportation department said the number of people running the red at hot spots like the light here at Vineyard Blvd. and Palama Street, is going down.

“When you look at those first three intersections, just since citations began it’s anywhere from 40% down to 46% down.”…

read … Why dozens caught on video running red lights had their cases dismissed

Bill to regulate air and replica guns nears final passage

MN: … Proposed by the Maui Police Department, the bill aims to update regulations on air guns and incorporate regulations on replica guns. 

Currently any person, a fugitive or a felon can carry air rifles though a park, which is not a crime, MPD Lt. Grant Nakamura told the council’s Disaster, Resilience, International Affairs and Planning Committee last month. 

But if the bill passes a second and final reading, it would be a crime to carry or display an air gun in a public place unless it’s unloaded and in an enclosed container. The bill would also make it unlawful for any person to discharge an air gun from or across any street, sidewalk, alley or public land, or any public place except on an enclosed range designed and properly constructed for the use of the air gun.

Violations of the new law would be punishable by a fine up to $500 or by imprisonment of up to one year, or by both. 

On Friday, Council Member Yuki Lei Sugimura raised the issue that police brought up in committee regarding increasing the penalties for the violation, which may be too low. But Council Member Tamara Paltin, chairwoman of the committee, said Friday that a proposal to increase the penalties to a felony status is being worked on as part of the Hawaii State Association of Counties legislative package…

read … Bill to regulate air and replica guns nears final passage

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