Saturday, April 20, 2024
Hawai'i Free Press

Current Articles | Archives

Wednesday, March 5, 2014
Full Text: Big Island Papaya Farmer Sues to Invalidate anti-GMO Ordinance
By Robert Thomas @ 9:12 PM :: 7873 Views :: Hawaii County , Agriculture, GMOs

GMO Chapter 2 - Big Island Farmer: Invalidate County's Anti-GMO Ordinance

by Robert Thomas, InverseCondemnation, March 5, 2014

Here's the Complaint for Declaratory Injunctive Relief, filed earlier this week in which an anonymous Big Island papaya farmer challenges the County of Hawaii's recently-adopted ordinance about GMO farming.

Although the ordinance exempts farmers who currently grow GMO papaya from the ordinance's ban on "open air cultivation, propagation, development, or testing" of GMO crops or plants, it does require them to register with the County. More here on the lawsuit from the Hilo paper.

The complaint asserts the ordinance is preempted by the Hawaii Uniform Information Practices Act (the state law which requires public disclosure of public records), requires the farmer to give up trade secrets, violates the state constitutional right of privacy, violates due process, the Administrative Procedures Act, and something called the "Small Business Regulatory Flexibility Act."

This is Chapter 2 in the legal pushback against county-adopted anti-GMO ordinances, with Chapter 1 being the federal court lawsuit challenging Kauai's ordinance, filed in January. Damon Tucker has posted the supporting statement of Hawaii Farmers and Ranchers United, which states, "[w]e strongly support and Stand United with our fellow Farmers in this suit."

Science. It's the darndest thing.

Full Text: Complaint for Declaratory and Injunctive Relief, Doe v. County of Hawaii, No. 14-2-0094 (Haw. 3d Cir. Mar....


UPDATE March 7, 2014:

Judge Orders County to Stop Registering GMO Farmers

BIN: Judge Greg Nakamura today issued a temporary restraining order blocking the county from requiring that farmers of genetically modified crops register with the county.

The TRO was granted during a hearing on a lawsuit filed this week challenging a new county law that prohibits farmers from growing new transgenic plants and requires those already growing GMO varieties to register their crops.

The plaintiff in the lawsuit filed by Honolulu attorney Margery Bronster is listed under the pseudonym “John Doe.”

Those farming GMO papayas have expressed concern that providing information about the location of farms puts them at risk. Over the past several years, several GMO papaya farms in lower Puna have been the targets of broad vandalism attacks, none of which has been solved by police.

The lawsuit said the plaintiff has already been the victim of “intimidation and threatening behavior” by anti-GMO activists.

Apparently in response to those concerns, County Councilwoman Margaret Wille, who introduced the bill, amended the legislation prior to the initial vote to provide that the county would not make the registration information public.

In the lawsuit, Bronster argues that the county cannot guarantee the information would be kept confidential, especially if it became subject to a legal challenge.

HTH: Judge halts GMO registration

VIDEO: Hawaii GMO registration gets restraining order

KITV: "If there is vandalism as there has been before, these farmers stand to lose everything"

read ... Justice



TEXT "follow HawaiiFreePress" to 40404

Register to Vote


808 Silent Majority

Aloha Pregnancy Care Center


Antonio Gramsci Reading List

A Place for Women in Waipio

Ballotpedia Hawaii

Broken Trust

Build More Hawaiian Homes Working Group

Christian Homeschoolers of Hawaii

Cliff Slater's Second Opinion

DVids Hawaii


Fix Oahu!

Frontline: The Fixers

Genetic Literacy Project

Grassroot Institute

Hawaii Aquarium Fish Report

Hawaii Aviation Preservation Society

Hawaii Catholic TV

Hawaii Christian Coalition

Hawaii Cigar Association

Hawaii ConCon Info

Hawaii Debt Clock

Hawaii Defense Foundation

Hawaii Family Forum

Hawaii Farmers and Ranchers United

Hawaii Farmer's Daughter

Hawaii Federalist Society

Hawaii Federation of Republican Women

Hawaii History Blog

Hawaii Homeschool Association

Hawaii Jihadi Trial

Hawaii Legal News

Hawaii Legal Short-Term Rental Alliance

Hawaii Matters

Hawaii's Partnership for Appropriate & Compassionate Care

Hawaii Public Charter School Network

Hawaii Rifle Association

Hawaii Shippers Council

Hawaii Smokers Alliance

Hawaii State Data Lab

Hawaii Together



Hiram Fong Papers

Homeschool Legal Defense Hawaii

Honolulu Moms for Liberty

Honolulu Navy League

Honolulu Traffic

House Minority Blog

Imua TMT

Inouye-Kwock, NYT 1992

Inside the Nature Conservancy

Inverse Condemnation

Investigative Project on Terrorism

July 4 in Hawaii

Kakaako Cares

Keep Hawaii's Heroes

Land and Power in Hawaii

Legislative Committee Analysis Tool

Lessons in Firearm Education

Lingle Years

Managed Care Matters -- Hawaii

Malama Pregnancy Center of Maui

Military Home Educators' Network Oahu

Missile Defense Advocacy

MIS Veterans Hawaii

NAMI Hawaii

National Christian Foundation Hawaii

National Parents Org Hawaii

NFIB Hawaii News

No GMO Means No Aloha

Not Dead Yet, Hawaii

NRA-ILA Hawaii

Oahu Alternative Transport


OHA Lies

Opt Out Today

Patients Rights Council Hawaii

PEACE Hawaii

People vs Machine

Practical Policy Institute of Hawaii

Pritchett Cartoons

Pro-GMO Hawaii


Rental by Owner Awareness Assn

ReRoute the Rail

Research Institute for Hawaii USA

Rick Hamada Show

RJ Rummel

Robotics Organizing Committee

School Choice in Hawaii

Sink the Jones Act

Statehood for Guam

Talking Tax

Tax Foundation of Hawaii

The Real Hanabusa

Time Out Honolulu

Trustee Akina KWO Columns

UCC Truths

US Tax Foundation Hawaii Info

VAREP Honolulu

West Maui Taxpayers Association

What Natalie Thinks

Whole Life Hawaii