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"Sure looks like plenty of laws have been broken to get to this TMT project or standoff."
Which laws? If there are plenty then surely you can name one.
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By Mililani Trask...
FACT: State law (HRS. Chapter 171) requires that state lands be leased at fair market value as determined by appraisal. Lease rental cannot be waived for any commercial venture for longer than one year. There are fines for violations of the law or rules or illegal public use, but the law also states, “No person shall be sanctioned … for the exercise of native Hawaiian gathering rights and traditional cultural practices as authorized by law or as permitted by the department.”
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For starters, the telescopes are not commercial ventures!
Sorry Paul, for my bad terminology.
I meant many laws would have been violated to have the TMT project built by Caltech and associates atop Maunakea. Also many laws have been violated atop Maunakea prior to the TMT project by many who were in trust. Broken laws apparently are only done by protectors, sleeping within 1 mile of the public road.
This type of disobedience, violation, or broken laws of having a back packs and sleeping under the stars atop maunakea require multiple harrassments, arrests, and embarrassment.
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I hate to play the broken record here, but: many laws were created during the subdivision boom of the 1950s and 1960s, but apparently only the shack-dwellers who reside in those subdivisions are breaking the law.
Rule of law means it applies to everyone equally, otherwise it becomes the rule of "whatever we feel like making up today".
Cultural/religous practices are protected by "the law", but as others have pointed out, this does not extend to blocking a road and preventing others from exercising their rights, which in this case include building a telescope on land leased from the State.
To argue that "but the State should never have leased that land" attempts to open a can of worms that would eventually unravel everything that was done since the US declared Hawaii to be a Territory. (Here I would add "starting with the subdivisions", but it's more likely that the Volcano Trail would provide a test case -- it's been adopted as a "road" in ways that likely violate the Highways Act of 1892.)
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I didn't think he could list even one either.
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gypsy69:
1. Did you comment or participate in the TMT EIS process?
2. Did you petition to intervene in the CDUP contested case hearing process?
3. Did you attend the innumerable amount of public hearings regarding
this project over the past seven years?
As far as I can see, the TMT and UH have followed the letter of the law up until this point. It would be disingenuous to state otherwise.
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TMT and UH have followed the letter of the law
I believe the argument is that the laws are invalid because they are based on authority illegally obtained during the overthrow/occupation of the sovereign Hawaiian Kingdom.
(Posted from the Sovereign Nation of "My House", which is illegally occupied by the Department of Building and Planning.)
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quote:
Originally posted by flyingsurfer
How many Hawaiians did King Kamehameha kill in his wars to conquer the Islands?
One was a first cousin. He also had pule with Pele to kill another cousin, who was killed in a huge eruption of Kilauea, allowing for his takeover of Hawaii island. Legend has that Pele was very fond of Kamehameha and it was foreseen that he would be The One to unite the Hawaiian islands. So, when someone calls you cuzn, it might not be a greeting.
"Aloha also means goodbye. Aloha!"
*Japanese tourist on bus through Pahoa, "Is this still America?*
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"FACT: It is time to stop ignoring those inconvenient but real “unresolved issues.”"
Who is this dimwit, who doesn't even know what a FACT is?
Thanks, gypsy, for confirming once again that you put zero thought into what you post.
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Ms. Trask's cavalier use of the term "fact" reminded me of Mr. Mangauil's recent foray into the zany world of factual activist propaganda. How did that line go... "our spiritual beliefs are the factual movements of the environment of the mountain".