Update from Lanny Sinkin on the TRO Hearing Today…

Lanny Sinkin

This was a significant event for the islands, Mauna a Wakea, the Protectors, and the potential return of the Kingdom.

“Given the record before him so far, he [the judge] would likely deny the TRO. He suggested that I either withdraw the TRO action and go straight to the Preliminary Injunction or, if I continue to pursue the TRO, he would order additional briefing to get a more complete record before he ruled.

“I was disappointed that the evidence of what to me are obviously unconstitutional restrictions on religious practice were not sufficient for the Judge to enter the TRO now.

“I do feel like we made our point about the restrictions being imposed on the spiritual practice of those who hold Mauna a Wakea being draconian. I would not be surprised to see those restrictions withdrawn or modified in the very near future.”

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Subject: TRO Hearing in Honolulu
From: Lanny Sinkin, Ali’i Mana’o Nui, Kingdom of Hawai’i

Today in Federal Court in Honolulu, Judge Derrick Watson and I engaged in a lengthy discussion. He made clear that he felt the request for a temporary restraining order was premature because the rules in question are in flux, there was no clear picture before him at to who has jurisdiction in the various areas of Mauna a Wakea, and it was not clear to him how seriously the rights of the spiritual practitioners were being infringed. He also felt that I was asking for unfettered access to the Mountain by spiritual practitioners, which he would not support because it would foreclose reasonable restrictions by the management agencies charged with responsibility for the Mountain.

Given the record before him so far, he would likely deny the TRO. He suggested that I either withdraw the TRO action and go straight to the Preliminary Injunction or, if I continue to pursue the TRO, he would order additional briefing to get a more complete record before he ruled.

I agreed with him that the picture is not clear, primarily because agencies, like the Mauna Kea Rangers, have declined to answer questions about who is promulgating the rules that we object to and have not produced any published statement of the rules or how they were adopted.

I was disappointed that the evidence of what to me are obviously unconstitutional restrictions on religious practice were not sufficient for the Judge to enter the TRO now.

We will be assessing whether to continue pursuing the TRO or withdraw the TRO and proceed to the Preliminary Injunction proceeding. That proceeding would take place promptly, if we notified the court that we had decided to go that route.

I do feel like we made our point about the restrictions being imposed on the spiritual practice of those who hold Mauna a Wakea being draconian. I would not be surprised to see those restrictions withdrawn or modified in the very near future.