Ka Wai Ola - Office of Hawaiian Affairs, Volume 19, Number 6, 1 June 2002 — Court allows taxpayer suit against OHA to proceed [ARTICLE]

Court allows taxpayer suit against OHA to proceed

By Naomi Sodetani The future of several key organizations that primarily serve Native Hawaiians hangs in the balance in a taxpayer challenge seeking to stop state-funded services to Native Hawaiians only, Alu Like, the Native Hawaiian Legal Corporation, Wai'anae Coast Comprehensive Heahh Center and the Nā Pua No'eau program for gifted Native Hawaiian children are closely following Arakaki et al v. Cayetano et al court proceedings that may put future funding for their operations at risk, On May 8, U.S. District Court Judge Susan Oki Mollway ruled that 16 plaintiffs have standing as Hawai'i taxpayers to challenge state tax payments to the Office of Hawaiian Affairs and the Dept, of Hawaiian Home Lands, But the court narrowly limited the scope of the case as pertaining only to state and federal fund appropriations made from the general fund, Mollway dismissed the plaintiff's

breach of public trust claims, including their challenge to OHA's ceded land revenue payments and the state's $30 million-a-year, 20year settlement with DHHL, "Plaintiffs do not have standing to challenge disbursement of money from Hawai'i's general fund when the money does not eome from state taxes," Mollway said in her 34-page ruling on motions by OHA, DHHL and the state to dismiss the case, "The settlement of past claims is not an improper purpose that plaintiffs have taxpayer standing to assert," OHA receives about $2,5 million annually from the state general fund, while the DHHL receives about $1,3 million, OHA Attorney Sherry Broder said that OHA prevailed in getting the plaintiffs' temporary injunction dismissed, "But not good news that the case moves forward because there's no saying there won't be a bigger challenge later," Broder said that other Hawaiian organizations may also be affected if the plaintiffs prevail, "OHA

matches state grants distributed to Alu Like, NHLC and Na Pua Noe'au, so they're also directly challenged by this continuing forward, The general fund portion of those grants may be potentially impacted," Alu Like provides work force training to Native Hawaiians, NHLC provides legal advocacy and native rights protection, and Na Pua Noe'au serves gifted and talented Native Hawaiian children statewide, WCCHC conducts the Native Hawaiian Diet Program, funded by state and OHA grants, The four groups depend heavily on funding provided annually by OHA and the legislature, State appropriations are conditional on OHA's providing a match amount from its trust funds, īn the 2001 Legislative Session, a total of $2,958,048 in state and OHA funds were approved for the four organizations for fiscal years 2001-2003, For Na Pua Noe'au, whieh recently lost a $2 million federal grant, losing more fimdmg would be catastrophic, "Right now we're operating on bare bones," Director David Sing said, Na Pua Noe'au will receive $136,000 this year from the state and OHA, lifeblood that allows the program to function at a minimal level, he said, īf a ruling

cancels state and OHA fimdmg support, "that would basically shut us down," "They are trying to reverse the whole concept of equal opportunity," the educator noted, "īt's a big right-wing movement for people who go, 'Wait, we don't want to be equal, we want to stay up there and make others have to climb a taller ladder," Broder agreed that "Native Hawaiians are caught up in a debate going on nationwide," where people of color "are under attack from eonservative groups aiming to abolish affirmative action programs and establish a so-called 'color-blind America,'" On June 10 the court will hear OHA's motion requesting judicial notice and a partial summary judgment, The plaintiffs' motion for preliminary injunction follows on July 24, Broder said that the Akaka Bill's passage would help disempower the plaintiffs' arguments, The court order also acknowledged that the passage of the Akaka Bill could affect the circumstances of the case, "The court is well aware that legislation is pending before Congress that, if passed, may well affect any consideration of the merits," Mollway wrote, ■