Ka Wai Ola - Office of Hawaiian Affairs, Volume 18, Number 2, 1 February 2001 — OHA to intervene in Barrett, joins ʻĪlioʻulaokalani, SCHHA [ARTICLE+ILLUSTRATION]

OHA to intervene in Barrett, joins ʻĪlioʻulaokalani, SCHHA

0 y Manu Boyd ON JAN. 23, U.S. Magistrate Kevin Chang granted the Office of Hawaiian Affairs permissive intervenor status in Barrett ra. State ofHawai'i filed in October challenging the constitutionality of Article XII of the State Constitution. The OHA Board approved the measure to seek intervenor statu_s Jan. 3. Also intervening are the 'īlio'ulaokalani Coalition of kumu hula and culmral practitioners dedicated to preserving traditional and customary gathering rights who are represented by Carl Christiansen of the Native Hawaiian Legal Corp.; and the State Council of Hawaiian Homesteaders Association (SCHHA), the grass-roots arm of the Department of Hawaiian Homelands, who have engaged the counsel of former State Supreme Court Justice Robert Klein.

In January, the Barrett case was joined with Carroll vs. Nakatani, triggering community reaction via rallies and informational forums. The Carroll case, filed by former Hawai'i Republiean Party Chair John Carroll, attacks the vahdity of OHA's revenue stream, based on the 14th Amendment of the U.S. Constitution. The Barrett case, filed by Honolulu resident Patrick Barrett and his attomey John Goemans (who represented Freddy Rice in Rice v.v. Cayetano), also argues the 14th Amendment challenging the validity and constitutionality of the Hawaiian Homes Commission, the Office of Hawaiian Affairs and native gathering rights as "race-based." "The Tmstees of the Office of Hawaiian Affairs are encouraged by Judge Chang's granting OHA intervenor status in Barrett vs. State," said Chairperson Apoliona. "We are pleased and resolute in joining with the SCHHA and the 'īlio'ulaokalani Coalition as intervenors in the

long joumey that Mr. Barrett has launched." On March 12, Judge David Ezra will hear the motion for a preliminary injunction in Carroll/Barrett. If successful, T. the injunction could paralyze o programs currently serving ® Hawaiians, including the \ Office of Hawaiian Affairs g and the federally-created and g state-mn Department of Hawaiian Home Lands. ■

JL 1 W ^ Senator Colleen Hanabusa offers comments a crowd at UH Mānoa's Center for Hawaiian Studies. OHA chairperson Haunani Apoliona and DHHL Chair Ray Soon were among the panelists who discussed strategies in the Carroll/Barrett case.