Ka Wai Ola - Office of Hawaiian Affairs, Volume 19, Number 5, 1 May 2002 — Arakaki v. Cayetano: no injury to plaintiffs; OHA, state move for dismissal. [ARTICLE+ILLUSTRATION]

Arakaki v. Cayetano: no injury to plaintiffs; OHA, state move for dismissal.

Ke aloha mai e na 'ōiwi o Hawai'i, This 17th article in a series of 48 provides eontinuing highlight to Arakaki et al v Cayetano et al, Civil No, 02 — 00139. My April KWO articleprovided detail about the Plaintiffs and Defendants and īntervenors (SCHHA and Tony Sang Sr.) in this case being heard in the Federal District Court of Judge Susan OkiMollway, The information in this May 2002 article is extracted from the public record on this case that provides rationale and logic for denial of the Temporary Restraining Order sought by the Plaintiffs, īn Judge Oki-Mollway's "ORDER GRANTING PROPOSED DEFEN-DANT-INTERVENORS STATE COUNCĪL OF HAWAIIAN HOMESTEAD ASSOCIATION AND ANTHONY SANG, SR.'S, MOTION TO INTERVENE; ORDER DENYING PLAINTIFFS' MOTION FOR TEMPORARY RESTRAINING ORDER", dated March 18, 2002, introduction statements advise: "Plaintiffs identify themselves as individual taxpayers

in Hawai'i, Plaintiffs seek to stop the State of Hawai'i (the "State" or "Hawai'i), the Hawaiian Homes Commission ("HHC"), the Department of Hawaiian Home Lands ("DHHL"), and the Office of Hawaiian Affairs ("OHA") from continuing what Plaintiffs characterize as raced-based actions, Specifically, Plaintiffs, some of whom are of Hawaiian ancestry, seek to stop the provision of exclusive benefits to persons of Hawaiian or native Hawaiian ancestry, On the present Motion for Temporary Restraining Order (the "Motion") Plaintiffs ask the court: A) To restrain HHC and DHHL from issuing any further homestead leases and from expending or encumbering any further funds from the Hawaiian Home Lands trust fund; B) To restrain the State from depositing any further funds into the Hawaiian Home Lands trust fund; C) To restrain OHA from expending or encumbering any part of the accounts or assets presently held in the "Total Fund Equity" referred to in the OHA Financial

Report (11/30/2001) as totaling $337,985,289; D) To restrain the State, HHL, DHHL, and OHA from issuing any further bonds or otherwise borrowing any further money for HHC, DHHL, or OHA; E) To restrain the State from making any further payments to or for HHC, DHHL or OHA; and F) To restrain OHA, HHC, and DHHL from expending any further public funds for lobbying, advertising, or other advocacy of the allegedly racially discriminatory goals of OHA and DHHL," The introductory remarks continue, "The court's analysis of the Motion is divided into two parts, The court begins by looking at whether Plaintiffs have standing to bring the claims they assert, Standing is a constitutional requirement, and it is Plaintiffs' burden to show that they meet this requirement," Judge Oki-Mollway continues, "With respect to most of the relief they request, Plaintiffs, on the present record, fail to satisfy their burden, The only claims that Plaintiffs establish standing to assert are claims that the state is

disbursing tax revenue based on race, in violation of the Fourteenth Amendment, Because the court finds standing on at least one elaim, the court turns to the second part of its analysis, an inquiry into whether Plaintiffs show that they are entitled to a restraining order, The answer, at least on the present record in this expedited proceeding, is "no," Plaintiffs fail to show that they are in danger of suffering any irreparable injury during the time that any restraining order would be in effect, Because the present record contains no evidence that there is anything that this court needs to restrain during the period that could be covered by a temporary restraining order, the court denies the Motion," Mahalo e ke Akua a me nā 'aumakua, Court date upcoming, April 29, 2002, hearing before Judge Oki-Mollway on (1) OHA's Motion To Dismiss, and (2) State of Hawaii's Motion To Dismiss, OHA's motion for Judicial Notice or in in the alternative summary judgement has been set for June 10, E maka'ala kākou. ■

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Haunani Apoliona, MSW Trustee, At-large