News Article: "Public Access"

Just noticed this article from the other day and thought you guys might find it interesting. Appologies if this is a repeat.

http://honoluluweekly.com/diary/2012/05/public-access/

Public access

by Joan Conrow | May 16, 2012

On April 25, a state judge dismissed trespassing charges against a Kauai man after finding that he had been exercising traditional native Hawaiian rights hunting wild pigs on private land.

Kui Palama, 28, was arrested on Jan. 17, 2011, and charged with two misdemeanor counts of trespassing and hunting on private property after a security guard found him with pig meat on Hanapepe lands held by Gay & Robinson, the former sugar plantation family who also owns the island of Niihau.

Kauai Circuit Court Judge Kathleen Watanabe dismissed the charges after defense attorney Tim Tobin presented evidence proving that Palama is a descendant of the indigenous peoples who occupied the Islands prior to 1778, and that the Gay & Robinson land is mostly undeveloped. Tobin also called Jon Osorio, a professor of Hawaiian Studies at the University of Hawaii, as an expert witness who testified that pig hunting is a traditional and customary practice.

All three criteria must be fulfilled in order to meet the standard for exercising traditional rights as protected by the state Constitution. The requirements were established in the Hawaii Supreme Court’s landmark decision, Nansay Hawaii vs Public Access Shoreline Hawaii (PASH), written by Justice Robert Klein in 1995. In his motion to dismiss, Tobin argued that by charging Palama with trespassing, the state was effectively imposing a blanket prohibition on his right to engage in customary practices.

Asked about the The Kauai prosecutor’s office recent announcement to appeal the decision, Palama said he isn’t worried. “When you’re right, you’re right,” he said.

“I’m not upset with Gay & Robinson for arresting me because it pushed me in the right direction,” Palama added. “We keep hearing,you have these rights, but what does it mean? By actually going through the process, I learned a lot.”

Palama said he hopes his experience will encourage other Hawaiians who are hesitant to exercise their traditional cultural rights because they fear being arrested. But although he’s willing to help others go through the process, he can’t understand why Hawaiians have to keep proving they’re entitled to rights guaranteed by the state Constitution.

“They already passed [PASH], so why are they arresting me?” Palama says. “It’s like they’re breaking their own laws. We were born here with this right. They acknowledged we had this right. They didn’t give it to us.”

Palama says it has become increasingly important for Hawaiians to exercise their access rights because mauka lands used for subsistence hunting are being blocked by private landowners. Gay & Robinson maintains a strict no trespassing policy and hires guards to patrol its extensive West Kauai holdings.

“This is our life here in Hawaii,” Palama says. “How can they stop us from getting food for our table?”

These are some of the grounds we are taking to court to stop DLNR(NARS) and Hawaiian homes land from fencing and eradicating our natural game animals, pigs, goats, sheep , deer n wild cattle . These animals that conservationist call invasive to Hawaii are sadly mistaken . Each n every one of those animals where brought n given to the Hawaiians kings for a walking food substance for there people to be self sustainable. Pig is sacred to Hawaiians n broght here by hawaiians,not long ago mortality was high for infants so baby Luau expressed joy for the child to reach one yr.n a black pig would be used , also hula has the black pig in there dance n chant ,fire goddess Pele , kamapua'a the Hawaiian pig god. Argument in the family (haka'a ) was settled using the black pig . Deer was given to the king of Molokai king kamehameha 5 in 1860's. Goats sheep n cattle given to the king as walking food substance 1700's hundred . Now it's invasive . It's only invasive to the people who want to steal our home ( HAWAII PERIOD) law suit we going for is going to stop them . Cannot express how important this action is to us n our future Keiki's for generations to come. Please support n get involved. We are the people of now letting happen these wrong things that'd was once sacred in our cultural , lifestyle, n tradition n religious beliefs passed down to be protected BY US TO TEACH N PASS DOWN FOR OUR KEIKI'S . If you want info call me or donate to PELE DEFENSE FUND HUNTERS LITIGATION ACCOUNT ONLY USED FOR HUNTERS N GATHERS . Joe Griffiths 808-687-0966 thank u