Lanny

Alan Sinkin
Tx. Bar #18438675
P. O. Box 944
Hilo, Hawaii 96721
(808) 936-4428
lanny.sinkin@gmail.com
Counsel for Plaintiff

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF HAWAII






)
Frank Kamealoha Anuumealani Nobriga, )
Civ. No. 15-cv-00254 DKW BMK

In his capacity as Kahuna of the )

Temple of Lono,


)






)



Plaintiff

)






)
AMENDED COMPLAINT;



Vs.


)








)







)











)

David Y. Ige, in his official capacity as
)


Governor, State of Hawaii,
)

and in his private capacity;
)











)

Suzanne Case, in her official capacity as )


Chairperson, Department of Land )


And Natural Resources, State of )

Hawaii, and in her private
)

capacity;



)






)
Kekoa Kaluhiwa, in his official capacity as )

First Deputy, Department of Land )

and Natural Resoures, State of
)

Hawaii, and in his private
)

capacity;



)






)
Jason Redulla, in his official capacity as )

Acting Chief of the State of Hawaii )

Department of Land and Natural )

Resources Division of Conservation)

And Resource Enforcement;
)






)
Stephanie Nagata, in her official capacity )

as Director of the Office of Mauna )

Kea Management, and in her
)


private capacity;

)






)
Donald Straney, in his official capacity as )

Chancellor, University of HawaiI )

at Hilo, and in his private capacity; )



)






)
David Chin, in his official capacity as
)

State of Hawaii Attorney General, )

and in his private capacity;
)






)
Linda Chow, in her capacity as Deputy
)

Attorney General, and in her
)

private capacity;


)






)
Julie China, in her capacity as Deputy
)

Attorney General, and in her
)

private capacity;


)






)
Mitch Roth, in his capacity as Hawaii
)

County Prosecuting Attorney, and )

in his private capacity;

)






)
Damien Nagata, in her capacity as
)

Hawaii County Deputy

)

Prosecuting Attorney and in her )

private capacity;

)






)
Elizabeth Britt Bailey, in her capacity as )

HawaiI County Deputy

)

Prosecuting Attorney and in her )

Private capacity; and

)






)
John or Jane Doe #1, in his or her official )

capacity and private capacity
)






)



Defendants
)
________________________________________________)


NOW COMES, FRANK KAMEHALOHA ANUUMEALANI NOBRIGA and files this
First Amended Complaint seeking assistance from this Honorable Court in
protecting the rights of those embracing the traditional faith of the Hawaiian people
to practice, the rights of those having traditional and customary access to Mauna a

Wkea to continue to have those rights unfettered by illegal restrictions imposed by

State agencies, and the rights of spiritual practitioners and others to engage in
peaceful opposition to the proposed Thirty Meter Telescope.
Jurisdiction

1. Plaintiff herein alleges that Defendants are engaged in a conspiracy to suppress a
peaceful political movement in violation of the United States Constitutions First and
Fourteenth Amendments.
2. Plaintiff alleges that, in furtherance of this conspiracy, Defendants have adopted
policies, rules, and regulations whose sole purpose is to prevent a peaceful political
movement from being effective and/or successful, in violation of the constitutional
rights of those engaged in the movement.
3. Plaintiff alleges that in the course of this conspiracy, Defendants adopted policies,
rules, and regulations that illegally restricted and/or restrict the spiritual practices
of those embracing the traditional faith of the Hawaiian people in violation of rights
protected by the First and Fourteenth Amendments to the United States
Constitution and in violation of 18 U.S.C. 242.
4. This Honorable Court has jurisdiction under 28 U.S.C. 1331 (Federal Question).

5. Plaintiff alleges that Defendant Office of Mauna Kea Management enacted new
rules using a process that violated the procedural requirements of State law and the
due process requirements of the Fifth Amendment to the United States Constitution.
6. Plaintiff alleges that Defendant State Department of Land and Natural Resources
enacted new rules in a process that violated the procedural requirements of State

law and the due process requirements of the Fifth Amendment to the United States
Constitution.
7. Plaintiff alleges that Defendants are restricting the spiritual practices of those
embracing the traditional faith of the Hawaiian people in violation of rights
protected by the State of Hawaii Constitution and statutes.
8. Plaintiff alleges that the Defendants are restricting the traditional and customary
rights of the Hawaiian people in violation of protections provided to those rights in
the Constitution and laws of the State of Hawaii.
9. Plaintiff alleges that the actions taken by Defendants are part of a conspiracy
forming a coordinated effort to suppress the First Amendment rights of those who
seek to prevent the desecration of a sacred site by stopping the construction of a
private astronomical facility.
10. Plaintiff alleges that the Defendants are prepared to pursue construction of the
Thirty Meter Telescope without regard for burials and altars in violation of Federal
and State Constitutions and statutes.
11. Plaintiff is further alleging that the Defendants intend to use the illegal and
unconstitutional rules and regulations to punish people for exercising their rights to
practice their faith by arrests, disruption of their spiritual ceremony, seizure of
personal possessions, ejection from the restricted area, or other punishments.
12. Finally, Plaintiff alleges that Defendants intend to use the illegal and
unconstitutional rules and regulations to punish those exercising their rights to
engage in protected speech, assembly, and petition for redress by arrests, seizure of
personal possessions, ejection from the restricted area, or other punishments.

Plaintiff

13. Plaintiff is the Kahuna of the Temple of Lono, a traditional faith of the Hawaiian
people.
Respondents
14. David Y. Ige is Governor of the State of Hawaii and is named in his official
capacity and his private capacity.
15. Suzanne Case is Chairperson of the State of Hawaii Department of Land and
Natural Resources (DLNR) 1 and is named in her official capacity and her private
capacity.
16. Kekoa Kaluhiwa is Deputy Director of DLNR and is named in his official capacity
and his private capacity.
17. Jason Redulla is acting Chief of the State of Hawaii Land and Natural Resources
Division of Conservation and Resource Enforcement and is named in his official
capacity and his private capacity.
18. Stephanie Nagata is the Director of the Office of Mauna Kea Management
(OMKM) and is named in her official capacity.2

1 The Department of Land and Natural Resources, headed by an executive Board of

2 Office of Mauna Kea Management(OMKM) - The Maunakea Management Board
provides the community with a sustained direct voice for the management of the
Maunakea. The Board is comprised of seven members from the community who are
nominated by the UH Hilo Chancellor and approved by the UH Board of
Regents. The volunteer members represent a cross-section of the community and
serve as the communitys voice providing input on operations and activities,
developing policies, reviewing and providing recommendations for land uses
planned for Maunakea.

http://www.malamamaunakea.org/management/mauna-kea-management-board

19. Donald Straney is Chancellor of the University of Hawaii at Hilo and is named in
his official capacity and his private capacity.
20. David Chin is Hawaii Attorney General and is named in his official capacity and
his private capacity.
21. Linda Chow is Hawaii Deputy Attorney General and is named in her official
capacity and her private capacity.
22. Julie China is Hawaii Deputy Attorney General and is named in her official
capacity and her private capacity.
23. Mitch Roth is Hawaii County Prosecuting Attorney and is named in his official
capacity and his private capacity.
24. Demien Nagata is Hawaii County Deputy Prosecuting Attorney and is named in
her official capacity and her private capacity.
25. Elizabeth Britt Bailey is Hawaii County Deputy Prosecuting Attorney and is
named in her official capacity and her private capacity.
26. John or Jane Doe #1, yet to be identified, is a co-conspirator in the conspiracy
alleged in this Amended Complaint and/or also responsible for imposing rules or
enforcing rules designed to suppress the political movement opposing the TMT
and/or that restrict traditional and customary practices on Mauna a Wkea,
including spiritual practices, and is named in his or her official capacity and private
capacity.
Facts

27. There is a major controversy over the proposal to build the Thirty Meter
Telescope (TMT) on Mauna a Wkea, a mountain on the Island of Hawaii held

sacred within the traditional faith of the Hawaiian people .

28. Prior to the arrival of Europeans, the Hawaiian people had complete and
unfettered access to Mauna a Wkea.
29. The Mountain was considered a sacred site, both symbolically and physically.
30. On its website for the Imiloa Astronomy Center, Defendant University of
Hawaii acknowledges that the traditional Hawaiian faith held the Mountain as
sacred with its presentation that states:

Cultural Significance

The Mountain of Wkea

The original name of Maunakea is Mauna a Wakea, or Mountain of Wakea.
In Hawaiian tradition Wakea (sometimes translated in English as Sky
Father) is the progenitor of many of the Hawaiian Islands, and of the
Hawaiian people. This mountain is his piko, or the place of connection where
earth and sky meet and where the Hawaiian people connect to their origins
in the cosmos.

Realm of the gods

As a sacred site, many of the physical features and environmental conditions
of the mountain are associated with Hawaiian gods and goddesses. Lilinoe,
Poliahu, and Waiau are just a few of the deities associated with this place.

The summit of Maunakea was considered a wao akua, or realm of the gods
and was therefore visited only rarely by humans.

http://www.imiloahawaii.org/60/cultural-significance.
.
31. Defendant University of Hawaii acknowledges that the practitioners of the
Hawaiian faith honored that sacredness by strictly limiting access to the Mountain
top.

32. Defendant University of Hawaii erroneously characterizes this acknowledged

traditional faith relationship to Mauna a Wkea as no longer practiced (The summit
of Maunakea was considered a wao akua, or realm of the gods.
33. The traditional faith relationship to the sacred Mountain remains part of the
living practice of the traditional faith today.
34. The Mountain is a manifestation of Lono.
35. The Mountain is an Amakua.
36. The Mountain is a symbol for the ancestors.
37. The Mountain is a place of worship.
38. The Mountain is a source of materials used elsewhere for worship.
39. The Mountain is a burial ground.
40. The Mountain is a land primarily reserved for the Gods.
41. The Mountain is a cosmology of complexity which can only be understood
through years of observation and contemplation.
42. The Mountain has always also been a source of subsistence, providing hunting
and gathering.
43. In that subsistence paradigm, traditional cultural values are renewed and
preserved.
44. Even after the United States Government agents and Marines illegally
overthrew the Kingdom of Hawaii Government and installed surrogate
governments,3 including the Provisional Government, Republic of Hawaii, Territory

3 The term surrogate government is used to describe a government illegally
claiming jurisdiction over the Kingdom of Hawaii and its lands based on the illegal
overthrow of the Kingdom Government by the United States. A comparable political

of Hawaii, and State of Hawaii, the practitioners of the traditional Hawaiian faith
still had complete and unfettered access to the Mountain.
45. As the stolen lands belonging to the Kingdom of Hawaii passed into the hands
of the so-called State of Hawaii, the State began to make use of the lands.
46. The State of Hawaii Department of Land and Natural Resources (DLNR) became
manager of the stolen lands, including Mauna a Wkea.
47. The DLNR leased some of the lands on Mauna a Wkea to the University of
Hawaii, a public institution.
48. Beginning in the 1970s, the University of Hawaii leased lands on Mauna a
Wkea to private corporations and foreign governments for the building of
telescopes.
49. The University of Hawaii issued these leases for telescopes over the objections
of numerous people and organizations.
50. The sacredness of the Mountain and the desecration by the telescopes formed
part of the objections.
51. There are currently thirteen working telescopes on Mauna a Wkea.
52. The TMT is the most recent telescope to be sited on Mauna a Wkea.
53. Despite all the telescopes, the unfettered access to the Mountain for spiritual
practice continued.

situation existed when the Germans installed the Vichy Government in France
during World War II. Fortunately for the French people, they recovered their
legitimate government. The Hawaiians have not been so fortunate.

54. Recently, however, various agencies within the surrogate government known as
the State of Hawaii have asserted their right to restrict the practice of the
traditional faith on the Mountain.
55. These same agencies have made no attempt to impose restrictions on any other
faith, religion, or spiritual tradition found in the islands.
56. The impetus for these restrictions is the massive opposition that has emerged to
the construction of the Thirty Meter Telescope on the sacred Mountain.
57. Part of the basis for that controversy is the continuing assertion by practitioners
of the traditional Hawaiian faith that the mountain is sacred and that the
construction of the telescope constitutes desecration of a sacred site.
58. Those seeking to prevent desecration refer to themselves as Protectors and
object to being termed protestors.
59. Another component of the opposition to the TMT is that the telescope is being
built on lands belonging to the Kingdom of Hawaii without permission of the
Kingdom.
60. Access to the Mountain by car is limited to one road, known as the Mauna Kea
Observatory Access Road.
61. On October 7, 2014, the Protectors attempted to drive up the Mountain to
attend the ground-breaking ceremony for the TMT.
62. State vehicles blocked the Protectors from ascending the road.
63. That State blockade resulted in everyone else coming to the ceremony also not
being able to ascend the Mountain.
64. As a result, the ceremony was cancelled.

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65. At the end of March 2015 and in the first week of April 2015, Protectors
blockaded the access road twice in an attempt to prevent TMT workers from
ascending the Mountain.
66. The second time, police arrested 31 people.
67. The TMT construction workers did reach the construction site.
68. The arrests, however, led to a suspension of TMT construction.
69. Despite the absence of any criminal intent on the part of those acting to prevent
desecration, the Hawaii County Prosecutor charged some of those arrested with
trespassing onto their sacred Mountain.
70. Others were charged with obstruction.
71. The prosecutions for trespassing emerged as part of a broader plan, initiated in
April by State officials, including and not limited to Defendant Damien Nagata, to
suppress the opposition to the TMT
72. In May, various officials of the State, including and not limited to Defendants
Case, Redulla, and Roth, had begun to develop a plan to remove the Protectors from
the Mountain and prevent their interacting with the TMT construction crews going
up the Mountain.
73. Subsequently, Defendants Kaluhiwa, Chow, China, Bailey, joined the conspiracy
planning the suppression.
74. That plan included closing the Mauna Kea Observatory Access Road in such a
way as to avoid revealing that the true intent of the closure was to frustrate any
efforts by the Protectors to prevent construction of the TMT.

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75. The Hawaii County Prosecutors Office and the University of Hawaii
coordinated their suppression efforts with the attorneys for the Thirty Meter
Telescope through pursuit of the trespassing charges.
76. The Hawaii County Prosecutors Office and the University of Hawaii received a
legal memorandum from the TMT attorneys on how to defeat the legal claims of the
Protectors regarding the continued existence of the Kingdom, sovereignty,
jurisdiction and other legal issues.
77. Subsequently the Prosecutor filed nolle prosequi motions requesting to dismiss
all the trespassing cases.
78. While the Prosecutor knew by May 18 that he was going to dismiss the
trespassing charges, he delayed filing the motion until May 25, requiring the
trespassing defendants to expend whatever resources were required to file all
pretrial motions in a case that the Prosecutor knew he was going to be dismiss.
79. The Prosecutor asked for the dismissals to be without prejudice.
80. The Prosecutor subsequently stated that he might refile the charges at a later
time.
81. The State Court granted the motion without prejudice to the Prosecutor refiling
the charge at a later date.
82. The State Court granted the motion without allowing an opportunity for any of
the trespass defendants to object to the dismissal or the nature of the dismissal as
without prejudice.

12

83. While the citations for those arrested called for them to appear in Hilo, Hawaii,
the Prosecutor and the Court, absent any request from defendants, proceeded to
change the venue to Waimea, requiring a lengthy trip for many of the defendants.
84. The Protectors established a 24 hour a day vigil at the 9,000 foot level to ensure
construction workers did not ascend to the site.
85. The State officials involved in the conspiracy knew that the purpose of their
activity was to prevent the Protectors from exercising rights protected by the United
States Constitution and the Hawaiian Constitution.
86. The State officials tried to develop a plan that would disguise the targeting of
the Protectors by adoption of a rule of more general applicability to Mauna a Wkea
and areas outside the Mauna a Wakea lands that would achieve the targeting goal
while obscuring the visibility of that goal.
87. On Wednesday, June 24, 2015, an attempt was made to bring a construction
crew to the site of the TMT.
88. Hundreds of people gathered to protect the Mountain and prevent what they
considered desecration.
89. The construction crew was first preceded by County of Hawaii police officers.
90. From the 9,000 foot level and continuing up the mountain, hundreds of
Protectors of Mauna a Wkea blocked the progress of the convoy.
91. While in the County jurisdiction, the moving blockade and the County police
proceeded peacefully up the mountain.
92. In the County jurisdiction, there was only one arrest, which took place without
incident.

13

93. At the 10,000 foot level, the jurisdiction changed to the DLNR.
94. In the DLNR jurisdiction, the officers became more aggressive and arrests
increased.
95. In response to the more aggressive DLNR actions, Protectors further up the
Mountain placed rocks and rock walls in the roadway to obstruct the progress of the
convoy without requiring interaction between the Protectors and the DLNR officers.
96. When the convoy reached the rocks, DLNR made the decision to abandon the
effort to reach the TMT site.
97. The convoy turned around and descended the Mountain.
98. By Friday, June 26, 2015, the Protectors had removed all the rock obstructions
from the road.
99. In their zeal to prevent a repetition of the successful blockade, State agencies
enacted new rules to shut down the Protectors that also had or have adverse
impacts on the traditional faith practices, on traditional and customary Native
Hawaiian rights, and preservation of Native Hawaiian cultural values..
100. The Office of Mauna Kea Management (OMKM) took various punitive
measures.
101. After the successful blockade, the Office of Mauna Kea Management (OMKM)
closed the Visitor Center at the 9,000 foot level where the Protectors had set up
their vigil site.
102. OMKM cut off the water at the 9,000 foot level.

103. OMKM locked up the bathrooms in the Visitor Center.
104. OMKM locked up the portable bathrooms on site.

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105. When the Protectors arranged for porta potties to be brought to the site, DLNR
threated to levy fines against the porta potty companies and seize their equipment,
if they did not remove the porta potties from the site.
106. The porta potties were removed leaving the area without bathroom facilities
for the hundreds of people coming up to the Mountain on a daily basis.
107. As part of the greater plan to suppress the rights of the Protectors, the Office of
Mauna Kea Management (OMKM) issued the first set of rules and regulations
targeting spiritual practices for restrictions.
108. The OMKM conducted no public process in adopting the restrictions.
109. The OMKM issued the rules with no prior public notice.
110. The OMKM issued the rules with no prior publication.
111. OMKM adopted the rules without consulting the Kahu K Mauna.4
112. The OMKM issued the rules with no opportunity for public comment.
113. Even after adoption, the OMKM never published the rules.
114. The new restrictions included rules and regulations preventing some spiritual
practices altogether in certain forms and certain time frames.
115. The OMKM rules required those wishing to engage in spiritual practice on the
Mountain to present themselves to an OMKM Ranger at 1:00 p.m.

4 Kahu K Mauna (Guardians of the Mountain) is a volunteer community-based
council whose members are from the native Hawaiian community. Kahu K Mauna
advises the Mauna Kea Management Board, OMKM, and the UH Hilo Chancellor on
Hawaiian cultural matters affecting the UH Management Areas. They review
proposed projects and give their input to the Mauna Kea Management Board. A
member of Kahu K Mauna participates in the discussions of the Mauna Kea
Management Board during their public meetings.

15

116. Access at 1:00 p.m. would be the only time the spiritual practitioners could
ascend the Mountain to practice.
117. The OMKM Rangers denied permission for people arriving after 1:00 p.m. to
ascend the Mountain for spiritual purposes.
118. OMKM Rangers have no law enforcement authority.
119. OMKM also limited the number of people that could ascend the Mountain for
pule (prayer) or other practice to no more than ten.
120. OMKM required the spiritual practitioners to be accompanied by a Ranger.
121. OMKM limited the time during which spiritual practice could take place to one
hour.
122. OMKM defined the site where the spiritual practitioners could go to practice.
123. These rules and regulation applied only to those engaged in spiritual practice,
not to any other persons ascending the Mountain.
124. During the same period of time that the OMKM rules and regulation were
being enforced, water trucks, nitrogen trucks, astronomers, and others freely
transited the access road throughout the day and into the night.
125. The OMKM rules and regulations were not based on any inquiry into or
attempt to accommodate the practices being suppressed.
126. The OMKM rules and regulations demonstrated a profound ignorance of the
practices of the traditional faith.
127. The OMKM restrictions prohibited long standing practices that posed no threat
to public health and safety.

16

128. The OMKM restrictions were capricious and arbitrary with no basis in any
action or practice attributable to faith practitioners.
129. The OMKM lacks the statutory authority to enact such rules and regulations.
130. The OMKM lacks the statutory authority to enforce such rules and regulations.
131. Lacking its own authority, OMKM called in other law enforcement agencies to
enforce the restrictions announced by OMKM.
132. After the filing of this suit challenging the restrictions as clearly
unconstitutional and illegal, OMKM removed the restrictions.
133. The decision to remove the restrictions was also made without any public
process or explanation.
134. There is nothing to indicate that OMKM will not impose such restrictions again,
absent some direction from the Court.
135. The next State agency to further the conspiracy to suppress the Protectors
political movement by issuing new rules and regulations restricting access to the
Mountain was the State Department of Land and Natural Resources (DLNR).
136. After the Protectors successful blockade on June 24, 2015, DLNR closed the
Mauna Kea Observatory Access Road to the public.
137. Then DLNR declared an emergency to exist that required adoption of the new
rules without conforming to the normal statutory requirements for agency rule
making.
138. The reasons given for declaring the emergency were all pretexts.

17

139. The planning for the restrictions on access to the Mountain were begun no
later than May before most of the pretexts offered by the OMKM for declaring an
emergency took place.
140. The plan developed by the conspirators involved using the Game Mammal
Hunting rules of the DLNR Division of Forestry and Wildlife5 to enact the
suppression restrictions.
141. The only imminent peril to public health on Mauna a Wkea was created when
OMKM closed the Visitor Center bathrooms, locked up the porta potties, and
demanded the removal of the porta potties brought up to the Mountain by the
Protectors to provide sanitation for visitors and themselves.
142. Other than the ban on toilets, there is no imminent peril to public safety or
morals on Mauna a Wkea.
143. There is no imminent peril to livestock of poultry health.
144. There is no emergency existing related to the actual regulatory functions of
DLNR.
145. There is no natural condition on Mauna a Wkea calling for emergency measures.
146. There is no imminent threat to natural resources on Mauna a Wkea calling for
emergency measures.

The mission of DLNRs Division of Forestry and Wildlife is to responsibly manage
and protect watersheds, native ecosystems, and cultural resources and provide
outdoor recreation and sustainable forest products opportunities, while facilitating
partnerships, community involvement and education. Mlama i ka ina.
5

18

147. The desire of State agencies to aid and abet the desecration of a sacred site by enabling
the construction of the TMT does not constitute an emergency.
148. There is no deadline for constructing the TMT.
149. There is litigation pending that might end up revoking the permits for TMT.
150. There is no crisis of any kind calling for emergency measures to be taken.

151. The real reason for the new rules was to drive the Protectors of the Mountain
off the Mountain in preparation for resuming the attempt to construct the telescope.
152. The rules adopted by the Board of Land and Natural Resources states:
13-123-21. 2 Prohibited activities.
(a) The area referred to in this Rule as the restricted area is defined as any lands in
the public hunting area that includes the Mauna Kea Observatory Access Road and
one mile on either side of the Mauna Kea Observatory Access road.
(b) As used in this Rule, the term transiting means operating, or being a passenger
in, a motor vehicle travelling at a reasonable and prudent speed and having regard to
the actual and potential hazards and conditions then existing.
(c) No person shall at any time possess or control in the restricted area any of the
following items: sleeping bag, tent, camping stove, or propane burner. 3
(d) No person shall enter or remain in the restricted area during the hours of
10:00 p.m. to 4:00 a.m., unless the person is transiting through the restricted
area on the Mauna Kea Observatory Access Road or is lawfully within or
entering or exiting an existing observatory or a facility operated by the
University of Hawaii.

153. The restricted area is capriciously and arbitrarily defined as lands within one
mile of the Mauna Kea Observatory Access Road.
154. This restriction has no rational relationship to any regulatory objective
supported by the actual authority of DLNR.
155. The plan developed by the conspirators involved using the Game Mammal
Hunting rules to achieve their political goals.

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156. The restriction has no rational relationship to any condition or circumstance

requiring action by DLNR.
157. DLNR also failed to consult with the Kahu K Mauna of the Office of Mauna Kea
Management.
158. One purpose of the rule is to force the end to the twenty-four hour vigil that
the Protectors of the Mountain have maintained for almost four months.
159. The ban on camping is achieved through making possession of physical objects
that might facilitate camping a violation, whether the person targeted is actually
camping or not.
160. The area where camping is banned includes areas routinely accessed by
spiritual practitioners for religious purposes.
161. DLNR also adopted a rule that prohibits people being present in the
exclusionary zone between the hours of 10:00 p.m. and 4:00 a.m.
162. The hours of exclusion include times when traditional religious practices
routinely take place.
163. The 10:00 p.m. to 4:00 a.m. exclusion provides a window of opportunity for the
TMT project to bring heavy equipment, workers, and supplies up to the construction
site to begin grading, drilling, and other work without opponents of the project
having an opportunity to express their opposition or interact with the TMT
personnel.
164. The emergency rules will be in place for 120 days.
165. On July 14, 2015, Defendant Ige signed the new DLNR rules as part of his
ongoing participation in the conspiracy.

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166. The University of Hawaii is proposing additional restrictions on access and

activity on Mauna a Wkea.
167. A traditional Hawaiian faith practice involves the stacking or piling of rocks to
build an altar or heiau.
168. In the new rules that the University is suggesting, the stacking, or piling of
rocks is prohibited.
http://www.malamamaunakea.org/uploads/about/blog/2015/SuggestedRules_Jun
e2015.pdf at 5;
http://www.hawaiinewsnow.com/story/29487400/native-hawaiian-cultural-
access-to-mauna-kea-limited

169. The new rules that the Unversity is proposing prohibit any activity with a
group larger than ten in size.
http://www.malamamaunakea.org/uploads/about/blog/2015/SuggestedRules_Jun
e2015.pdf at 5, item 10.

170. Under the new rules, it appears that the University will forbid the use of cell
phones. Ibid. at 6, Preservation of scientific resources, item (2).
171. The ban on cell phones could assist the conspirators in preventing the
Protectors from communicating and coordinating their actions with each other.
172. The ban on cell phones could assist the conspirators in preventing the
Protectors from filming arrests and other actions by the conspirators and their
agents.
173. The new rules will also forbid camping, ibid at 8, which the University would
define as being in possession of a backpack, tents, blankets, tarpaulins, or other
obvious camping paraphernalia, any time after one hour after sundown until sunrise
in the Maunakea lands. Ibid. at 1.

21

174. All these suggested rules would further the conspiracy to suppress the
Protectors political movement and spiritual practices conducted for more than
1,000 years.
175. Defendant Governor David Y. Ige suggested that he might call out the National
Guard to ensure the Protectors cannot again conduct a successful blockade.
176. Based on the facts set forth above, various State of Hawaii agencies are
engaged in a concerted and coordinated conspiracy to drive the Protectors off the
Mountain and prevent a recurrence of the blockade or other obstruction action
when the TMT workers try again to desecrate the sacred site.
177. The cumulative effect of all the rules and regulations is to suppress the rights
of the people to assemble to petition for redress of grievances, engage in protected
speech, and to otherwise object to the flawed decision by the TMT and its State
proponents to build the telescope on Mauna a Wkea, rather than build on other
sites available or pursue the same purpose through space-based telescopes.
178. The direct and indirect impacts of the rules and regulations on the spiritual
practice of the traditional Hawaiian faith violate the rights of the spiritual
practitioners.
179. Ultimately, people are being targeted for law enforcement action because they
are Hawaiians, insisting on their faith and their nationality.
180. As stated by the King in a recent letter to the Adjutant General of the Hawaii
National Guard:
Note: Under Article I, Section 8, Clause 15 [United States Constitution]. The
protectors of Mauna a Wkea are not in violation. The protest is peaceful and
in the spirit of Kapu Aloha. They are in harmony with nature, the elements,
each other and their surroundings. They are not insurrectionist to be

22

suppressed or an invading army, but peaceful Hawaiians protecting what is

sacred and loved by us all.

Relief
181. Plaintiff seeks relief in the form of a Temporary Restraining Order, Preliminary
Injunction, Permanent Injunction, attorneys fees, and such other relief as the Court
finds appropriate to prevent violations of the constitutional rights of traditional
faith practitioners and others seeking to protect Mauna a Wkea from desecration.

Respectfully submitted,

___________________________________________
LANNY ALAN SINKIN

DATED: July 23, 2015

Counsel for Plaintiff

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