Emergency rules passed in July that restricted camping and possession of certain camping materials in public hunting lands and on each end of the Mauna Kea Observatory Access Road were struck down Friday by the Third Circuit Court in Kona.
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Officials said the rule was meant to establish safe conditions on the mountain for protesters, observatory workers and visitors.
The circuit court of Hawaii apparently granted a partial motion for summary judgement, that was revealed from a joint statement that was issued late Friday by the Attorney general Douglas Chin and Suzanne Case of the state’s Board of Land and Natural Resources.
Placing rocks or other obstacles on Mauna Kea Observatory Access road is also still prohibited. “Laws will continue to enforced”, the statement said. Kopper argued that the state’s adoption of the rule to prevent protests surrounding the Thirty Meter Telescope’s construction was illegal, and only served to infringe on the peoples’ rights to practice their culture and right to public expression. Mahalo nui loa to the Native Hawaiian Legal Corporation and attorneys David Kauila Kopper and Camille Kalama for representing us in this case!
The state land board approved the emergency rule after a heated July 10 public meeting.
“Opponents of the telescope stopped their 24-hour vigil on the mountain three weeks ago, but they say it’s because of changing weather conditions – and an agreement with the state, which has to inform them before construction on the TMT can resume”. The rule also prohibited, at any time, sleeping bags, camping stoves, tents and propane burners on the mountain. And construction of the TMT has been on halt since April.
Damage or disturbance of any property of improvement. “I respectfully ask everyone using the road to exercise caution and obey the law”.
The emergency rule is now invalidated regarding the Mauna Kea protests against the construction of the TMT.
The statement includes the state’s acknowledgement of the court’s decision and will abide by it, reminding people who want to travel to Mauna Kea to respect existing laws and rules. This includes standing in the road or placing obstructions in the road.
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Native Hawaiians have taken issue with the proposed construction site because Mauna Kea’s peak is central to the creation myth of the Native Hawaiian people.
