History repeats itself in new lawsuit

By Lisa Asato / Ka Wai Ola

A new lawsuit challenging the constitutionality of Native Hawaiian programs was filed by six people with a history of filing similar lawsuits against Hawaiian programs, but the state Attorney General said he is “confident that the result in this case will be the same as the result in previous cases. That is, the plaintiffs' claims being dismissed.”

The lawsuit, filed in federal court April 3, seeks to dismantle the Office of Hawaiian Affairs and seeks a temporary restraining order, and ultimately a preliminary injunction, to halt ceded lands revenue payments to OHA from the state. The TRO also seeks to freeze the ceded lands revenues OHA has already received until a ruling can be made in the case.

Speaking at a April 4 news conference, Attorney General Mark Bennett said the new lawsuit “retreads old ground, makes the same allegations that previous lawsuits challenging Native Hawaiians have made” in the past without success.

The new lawsuit was filed in response to the dismissal of Arakaki v. Lingle by the 9th Circuit Court after a separate ruling by the U.S. Supreme Court required the lower court to re-examine the case.

The new lawsuit was filed by the same attorney, William Burgess, on behalf of six plaintiffs, some of whom were party to the dismissed Arakaki v. Lingle case. The plaintiffs are: James Kuroiwa Jr., Patricia Carroll, Toby Kravet, Garry Smith, Earl Arakaki and Thurston Twigg-Smith.

“It's with grave concern not just for OHA and for our Native Hawaiian beneficiaries, but for all of Hawai'i that six plaintiffs who failed previously now target OHA with yet another lawsuit that seeks a restraining order to shut down OHA immediately,” said OHA Chairperson Haunani Apoliona. “The same players from previous failed lawsuits are now filing this lawsuit using the same theory that's been rejected time and time again by Hawai'i courts and the 9th Circuit Court of Appeals. Now in this instance, OHA must again divert precious resources to defend ourselves in federal court.”

Apoliona said “OHA has vigorously fought to protect the present and future interests of Native Hawaiians time and time again with success.” She said the lawsuit renews urgency for the passage of the federal Akaka Bill, which will clarify “the legal and political relationships Native Hawaiians have with the United States.”

“Let our thoughts be clear, let our actions be disciplined and focused, and we ask all who support Hawaiian people and all those who love Hawai'i to stand together and reject this call to shut down OHA.”