Lā 111: Aloha Mauna Kea 'Ohana please find attached our response to Governor Ige's statement re: using the National Guard to deal with the Protectors if need be.
July 14, 2015 Contact: Kealoha Pisciotta, Mauna Kea Hui
Response of the Mauna Kea Hui to Governor David Ige’s statement regarding use of the National Guard
We were shocked and saddened by Governor Ige’s statement yesterday that he’s considering calling in the National Guard to displace the Mauna Kea protectors on behalf of TMT (see today’s Star-Advertiser article link below). His announcement could escalate rather than deescalate the conflict.
If the Governor truly wants a peaceful resolution to this situation, Governor Ige can certainly wait to take any kind of further actions until the Supreme Court renders a decision, something that has been requested by the 61, 110 people who have signed our petition to date (in April we delivered the first round of Petitions of 53,000 signatures). There is nothing that compels him to act at this point and, especially to do something as unnecessary and drastic as calling out the National Guard, except for maybe trying to accommodate the personal demands of TMT.
The Governor needs to be unbiased and objective in this conflict and not take sides. The Governor needs to put his "listening" into practice and exercise what he claims he learned when he met with the protectors at the encampment for several hours just a couple of months ago, the true meaning of Kapu Aloha.
All the Governor has at this point is a shovel and a gun. It seems he has thrown out all reason and abandoned his previous support of our constitutional right to peacefully protest against the further desecration of our sacred mountain by TMT’s construction crews.
Why is the Governor not enforcing Hawaiʻi’s desecration law (as we have repeatedly requested), the standard for which is the level of grief and outrage expressed. The Heavens know the level of grief and outrage this controversy is causing and it has been well documented in the media and at the protests. (See desecration law link below)
We urge you Governor Ige not to succumb to fear, but to act with confidence in Aloha—as we are—and we strongly encourage you to actually invoke the Aloha Spirit Law for real and for all the People of Hawai`i. (See Aloha Spirit Law below.)
In Aloha We Remain.
Kealoha Pisciotta, President of Mauna Kea Anaina Hou
See the Links:
1. Star Advertiser Article at kitv.com
2. Link to Petition signed by 63,110 supporters and other relevant information regarding protection of Mauna Kea.
3. Link to Aloha Spirit Law (HRS §5-7.5)
4. Desecration law found under HRS §711-1107 can be found in full below :
§711-1107 Desecration. (1) A person commits the offense of desecration if the person
(a) Any public monument or structure; or
(b) A place of worship or burial; or
(c) In a public place the national flag or any other object of veneration by a substantial segment
of the public.
(2) "Desecrate" means defacing, damaging, polluting, or otherwise physically mistreating in a
way that the defendant knows will outrage the sensibilities of persons likely to observe or
discover the defendant's action.
(3) Any person convicted of committing the offense of desecration shall be sentenced to a term
of imprisonment of not more than one year, a fine of not more than $10,000, or both. [L 1972, c
9, pt of §1; gen ch 1993; am L 2002, c 198, §1]
COMMENTARY ON §711-1107
Previous Hawaii law prohibited certain types of desecration. For example, desecration of the
United States flag was prohibited. Section 711-1107 deals more generally with all acts of
desecration; i.e., acts of physical damage to or mistreatment of venerated places and objects
under circumstances which the defendant knows are likely to outrage the sensibilities of persons
who observe or discover the defendant's actions. Thus, any desecration of a public monument or
structure; or a place of worship or burial (public or private); or, in a public place, the national
flag, or any other object (such as certain religious objects) revered by a substantial segment of
the public, will constitute an offense. Damage by desecration is treated separately from other
types of property damage because the sense of outrage produced by such acts is out of proportion
to the monetary value of the damage. Thus, desecration is a misdemeanor, although many such
cases might otherwise be petty misdemeanors under §708-823 because the object desecrated is
worth less than $50.
SUPPLEMENTAL COMMENTARY ON §711-1107
Act 198, Session Laws 2002, amended this section by changing the penalty for desecration from
a misdemeanor to one year imprisonment, a fine of $10,000, or both. The legislature found that
recent vandalism at cemeteries denoted that the current financial penalties of a misdemeanor
offense for desecration were an insufficient deterrent. The $10,000 fine was consistent with the
penalty in §6E-11(c), relating to destruction of historic property. The legislature believed that a
burial place or grave deserved no less a penalty for damage than did a historical monument.
Senate Standing Committee Report No. 2957, House Standing Committee Report No. 416-02.