Lanny

Alan Sinkin
Tx. Bar #18438675
P. O. Box 944
Hilo, Hawaii 96721
(808) 936-4428
lanny.sinkin@gmail.com
Counsel for Petitioner

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF HAWAII






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Frank Kamealoha Anuumealani Nobriga )
CV 15 00254 DKW BMK






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Plaintiff


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Vs.


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Supplemental Declaration of






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Counsel in Support of






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Temporary Restraining






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Order
David Y. Ige, et al.


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Defendants

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________________________________________________)

I, Lanny Alan Sinkin, do declare the following to be true and correct:

1. I serve as Counsel to Plaintiff in this proceeding.

2. Based on further research, Plaintiff would now include within the John Doe #1
Defendants the following:

a. Donald Straney, in his official capacity as Chancellor, University of Hawaii
at Hilo.

2. I was present on June 24, 2015 when hundreds of Protectors of Mauna a Wakea
created a moving blockade on the road leading from the 9,000 foot level to the
proposed site for the Thirty Meter Telescope (TMT). See
http://www.hawaiitribune-herald.com/news/local-news/standoff-tmt-protesters-
block-access-site-12-arrested.

3. The moving blockage eventually reached rocks placed in the road to deescalate
the increasing tension between the Protectors and the Department of Land and
Natural Resources (DLNR) enforcement officers.

4. The combination of the moving blockade and the rocks in the road led DLNR to
abandon their efforts to bring TMT construction workers to the TMT site.


5. Over the past two weeks, I have observed State of Hawaii agencies and officers
taking various actions to prevent repetition of successful action by those seeking to
protect Mauna a Wakea from desecration.

6. I am filing this supplemental Declaration of Counsel to bring these actions to the
attention of the Court in this proceeding.

7. For approximately 100 days, the Protectors of Mauna a Wakea have maintained a
presence beside the road across from the Visitor Center at the 9,000 foot level.

8. After the successful blockade, the Office of Mauna Kea Management (OMKM)
closed the Visitor Center.

9. OMKM cut off the water at the 9,000 foot level.

10. OMKM locked up the bathrooms in the Visitor Center and the portable
bathrooms on site.

11. OMKM closed the road going up the Mountain from the 9,000 foot level.

12. OMKM now limits groups ascending the Mountain for religious practice to ten
people.

13. It is not clear whether that limitation is based on the OMKM policy regarding
large groups.

14. The Office of Mauna Kea Management (OMKM) adopted a policy regarding
Large Groups, by which the agency refers to groups of more than ten people, that
states: Groups of over 10 people wishing to visit Maunakea are required to fill out
a Special Request Form prior to their visit.
http://www.malamamaunakea.org/visitor-information/group-permits

15. This policy includes military, scientific, educational, or cultural visitors. Id.

16. OMKM does distinguish between cultural and religious activities.
http://www.malamamaunakea.org/uploads/about/blog/2015/SuggestedRules_Jun
e2015.pdf at 1.

17. The group policy applies the ten person rule to 10 people from one
organization. http://www.ifa.hawaii.edu/info/vis/visiting-mauna-kea/research-
group-visits-and-military/group-visits.html

18. The Hawaiian traditional faith does not involve creating a group; the practice
is a very individualized matter. See Declaration of Frank Kamehaloha Anuumealani
Nobriga, Exhibit C.

19. The large groups policy requires submitting requests at least one month prior
to the planned visit. Id.

20. Application [p]rocessing takes approximately two weeks. Id.

21. Applicants must submit a $1 million liability policy unless transportation is
provided by a permitted Mauna Kea commercial drive vendor. Id.

22. If the limitation of 10 people ascending for spiritual practice at one time is not
based on avoiding the requirements of the large groups policy, which on their face
to no apply to religious access, Declarant has not found any other rule that would
apply such a limitation.

23. In the new rules that OMKM is proposing to adopt on Friday, July 10, the
stacking, or piling of rocks is prohibited.
http://www.malamamaunakea.org/uploads/about/blog/2015/SuggestedRules_Jun
e2015.pdf at 5;
http://www.hawaiinewsnow.com/story/29487400/native-hawaiian-cultural-
access-to-mauna-kea-limited

24. The new rules that OMKM is proposing to adopt on Friday, July 10 prohibit any
activity with a group larger than ten in size.
http://www.malamamaunakea.org/uploads/about/blog/2015/SuggestedRules_Jun
e2015.pdf at 5, item 10.

25. Under the new rules, it appears that OMKM will forbid the use of cell phones.
Ibid. at 6, Preservation of scientific resources, item (2).

26. The new rules will also forbid camping, ibid at 8, which OMKM defines as being
in possession of a backpack, tents, blankets, tarpaulins, or other obvious camping
paraphernalia, any time after one hour after sundown until sunrise in the Maunakea
lands. Ibid. at 1.

27. Defendant Suzanne Case, Chairperson of the Department of Land and Natural
Resources (DLNR) is also adopting new rules designed to prevent a recurrence of
the successful blockade preventing desecration.
http://dlnr.hawaii.gov/dofaw/files/2015/07/13-123-21.2-draft.pdf

28. The DLNR new rules prohibit numerous activities on any lands within one mile
of the Mauna Kea Observatory Access road and referred to in this rule the restricted
area. Id.

29. Within this security zone, reminiscent of the Coast Guard security zone around
the Superferry, [N]o person shall at any time bring in to the restricted area or
possess or control in the restricted area any of the following items: backpack, tents,
blankets, tarpaulins, or other obvious camping paraphernalia. Id.


30. In addition, No person shall enter or remain in the restricted area during the
hours of 8:00 p.m. to 5:00 a.m., except to the extent the person is transiting
through the restricted area in a motor vehicle on the Mauna Kea Observatory Access
Road. Id.

31. Declarant cannot find any discussion by OMKM or DLNR of how the Law of the
Splintered Paddle, Constitution of Hawaii, Article 9, Section 10, guaranteeing the
rights of people to lie by the roadside without being molested, applies or does not
apply to the new restrictions. Exhibit 1.






_____________________/S/_________________________






Lanny Alan Sinkin

July 7, 2015