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Day on the Mountain

The journey began when I received an email on July 1 that contained a copy of a
message posted on Facebook. The message said that the Rangers working for the
Office of Mauna Kea Management (OMKM) had announced new rules governing
spiritual practice on Mauna a Wkea. Anyone wishing to ascend the Mountain to
offer hookupu or otherwise pule (pray) had to be present at 1:00 p.m. At that time,
the practitioner would be allowed to go up the Mountain accompanied by a Ranger.
No more than ten people could go up at one time. Those ascending had one hour in
which to practice their religion.

As an attorney and a haumana (student) in the Temple of Lono, these rules
astonished me. The idea that a State agency would think that it could so strictly
regulate the time and place for a religious practice clearly demonstrated a true
ignorance of the United States Constitution, particularly the First Amendment.

The next day, I went up to the Mountain to interview Protectors. I found that the
new rules had in fact been issued and that the Rangers were enforcing them. If a
practitioner arrived late, he or she could not go up the Mountain. This complete
exclusion by a government agency of an opportunity to engage in religious practice
represented a State assumption of power having no support in the Constitution or
laws of the United States.

I returned home and briefed the Kahuna of the Temple of Lono on my findings. He
agreed that court action was appropriate.

I began preparing papers to file in United States Federal court in Honolulu seeking a
Temporary Restraining Order directed to the Governor, the Department of Land and
Natural Resources (DLNR), and the OMKM. I wanted to file on July 3 and discovered
that the Federal Court was closed for the holiday and that there was no 24 hour
system for securing a TRO.

I waited until Monday, July 6, flew to Honolulu, and filed the Complaint and TRO
Petition. While normally such an action is heard immediately, the judge assigned
the case was in trial and not available that day. I returned to Kurtistown to wait for
notice from the court.

On Thursday, July 9, I went before Judge Derrick Watson. We had a lengthy
discussion in which the Judges bottom line was that I had not presented enough
evidence to support the issuance of a TRO. There were also problems with exactly
who had jurisdiction to be issuing the rules. Also, the DLNR was going to hold a
public hearing the next day on adopting other rules related to the ability of the
Protectors to exercise their rights, so the rules situation was in flux.

The Judge suggested one of two pathways forward. I could continue pursuing the
TRO and he would require more briefing from the parties to see if he could get

clarity in the record or I could pull back the TRO and proceed to a Preliminary
Injunction that would be a more deliberative process allowing the development of a
better record. In either case, the Judge said there was no need to decide that day. I
would have time to consult with the Kahuna of the Temple of Lono and others to
determine how we would go forward.

On Friday, July 10, I watched the hearing before the DLNR Board. Again,
constitutionally protected rights were being ignored in order to put in place rules
and regulations that would end the Protectors vigil, suppress the spiritual and
political movement opposing the TMT, and make it easier for the TMT to be built.

On Saturday, I decided to make my own pilgrimage to the altar built by the
Protectors on the TMT site.

I had errands that I needed to do in the morning and found myself rushing around
trying to get them done so that I could be on the Mountain by 1:00. How absurd that
I needed to rush what I was doing because some State bureaucrat had decided when
I could engage in spiritual practice.

I stopped at Puuhulu to make an offering and then proceeded up to the Visitor
Center. There I was reminded of the total foolishness on the part of the DLNR in
forcing the removal of the porta potties brought to the site by the Protectors. OMKM
had closed the Visitor Center bathrooms and the porta potties. The Protectors were
simply filling in for DLNRs failure. How absurd that an agency charged with
protecting health, safety, and ecological resources would create a situation where
hundreds of visitors to the Mountain would have no bathroom facilities. That
obvious contradiction simply illustrated that the actions being taken were political,
not legitimate regulatory functions.

When the time came to ascend the Mountain, I found myself in the company of
Aunty Kanani, her sister, and her son. She had flown in from Oahu to meet her son
coming in from Okinawa with a determination to be up on the Mountain to celebrate
her 73rd birthday.

Kananis son drove us up the Mountain with the OMKM Ranger in his truck ahead of
us. The incredible beauty of the Mountain, the sky, and the clouds lifted our spirits.

When we arrived at the TMT site, I started to walk past the TMT personnel on site to
go to the altar, which is about thirty yards from the entrance to the property. The
TMT personnel started to object. I said that I had come to the Mountain to pray at
the altar and that was fully my intention. The Ranger and the TMT personnel
allowed us to go in.

Given the altitude of 14,000 feet, we walked slowly, with Auntys son on one side or
her and me on the other. As we approached the altar, the mana flowing off was very

powerful. The physical beauty and serene nature of the elevated rock formation
stood in stark contrast to the heavy equipment waiting to gouge out the Mountain.

When we were within a few feet of the altar, we all began to feel the effects. Aunty
barely made it to the altar before slipping into a mournful wailing that had us all
crying. In between sobs, her Auwe drew the spirits to the site. As Aunty
lamented, her sister prayed for the Protectors of the Mountain to be strong and safe.

My own practice includes a Native American flute that joined my travels many years
ago and certain crystals and other Earth representations of Pele, the Mountain, and
elements of the Garden. With these, I connected through the altar to the planet,
offering my love and prayers for the success of the Protectors.

When we finished our practice, we took a slow stroll back to our vehicle. Aunty had
to pause every now and then to catch her breath. The TMT employees were amazed
that she persevered where younger people have passed out.

On the way back to the Visitor Center, Aunty told me that she had come prepared
with bail money, in case her kuleana involved getting arrested. She asked me to
please keep her informed so that if she was needed she could return.

The ride down the Mountain was beautiful. I joined Aunty and her family for some
food and then said our farewells. I stopped at Puuhuluhulu to play a final piece
from my flute connecting the altars at the two locations.

Aunty will be in my thoughts and prayers as the defense of the Mountain unfolds.