IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF HAWAI’I ) Frank Kamealoha Anuumealani Nobriga, ) Civ. No. _____________________________________ In his capacity as Kahuna of the ) Temple of Lono, Petitioner ) ) Vs. ) ) ) PROPOSED ORDER ) David Y. Ige, in his official capacity as ) Governor, State of Hawai’i, ) ) Suzanne Case, in her official capacity as ) Chairperson, Department of Land ) And Natural Resources, State of ) Hawai’i, ) ) Kekoa Kaluhiwa, in his official capacity as ) First Deputy, Department of Land ) and Natural Resoures, State of ) Hawai’i, ) ) Gregory Mooers, in his official capacity as ) Chair, Maunakea Management ) Board, ) ) John Doe #1, in his or her official capacity, ) ) Respondents ) ________________________________________________) This Order is issued to prevent officials of the State of Hawai’i from adopting and/or enforcing rules that unduly burden the religious practices of those who hold Mauna a Wakea sacred. This Order is necessary because officials of the State have adopted and are enforcing rules that severely restrict the religious practices of those who hold Mauna a Wakea sacred.
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF HAWAII )
Frank Kamealoha Anuumealani Nobriga, ) Civ. No.
_____________________________________ In his capacity as Kahuna of
the ) Temple of Lono, Petitioner ) ) Vs. ) ) ) PROPOSED ORDER )
David Y. Ige, in his official capacity as ) Governor, State of
Hawaii, ) ) Suzanne Case, in her official capacity as )
Chairperson, Department of Land ) And Natural Resources, State of )
Hawaii, ) ) Kekoa Kaluhiwa, in his official capacity as ) First
Deputy, Department of Land ) and Natural Resoures, State of )
Hawaii, ) ) Gregory Mooers, in his official capacity as ) Chair,
Maunakea Management ) Board, ) ) John Doe #1, in his or her
official capacity, ) ) Respondents )
________________________________________________) This Order is
issued to prevent officials of the State of Hawaii from adopting
and/or enforcing rules that unduly burden the religious practices
of those who hold Mauna a Wakea sacred. This Order is necessary
because officials of the State have adopted and are enforcing rules
that severely restrict the religious practices of those who hold
Mauna a Wakea sacred.
These severe restrictions have no apparent justification because
those who are not engaged in spiritual practice do not have the
same restrictions applied to them. This Order restrains the
following acts: 1. Limiting the access of spiritual practitioners
to their sacred sites on Mauna a Wakea. 2. Limiting the time and
place of religious practices on Mauna a Wakea. 3. Limiting the
number of practitioners that can access the sites at any one time.
4. Limiting access of spiritual practitioners to their sacred sites
unless accompanied by a State officer. 5. Otherwise enforcing rules
that restrict religious practitioners more than other
non-practitioners also accessing the Mountain. The persons bound by
this order are the parties; the parties officers, agents, servants,
employees, and attorneys; and other persons who are in active
concert or participation with anyone described in Rule 65(d)(2)(A)
of the Federal Rules of Civil Procedure.
_________________________________________________ JUDGE
PRESIDING
