Letter for Friday, August 21, 2020

All need to know, heed Native Hawaiian rights, laws

This is response to your article “Disputing path to beach access” that ran in Wednesday’s (Aug. 19) paper.

Why is it our police must know county, state and federal laws, but seem to fail when it comes to Native Hawaiian rights and laws that are in our state constitution?

Our police, all property owners, as well as all visitors to these islands, should be educated on the special rights and laws that Native Hawaiians possess.

I keep hearing about “rules of laws” being broken. These same laws and rules never take into effect the disregard of Hawaiian rights.

This owner putting rubbish in the pathway — that’s pilau. I have gone with Nalani to replace limu in that area before. People like Nalani and the Surfrider Foundation are trying to take care of the ‘aina. People who are giving back instead of taking should be thanked, not hindered.

The owners of the property should be fined.

Reminds me of the rich owners of Kailuana Loop in Kailua, O‘ahu (where Obama used to spend his holidays). The owners there have put up metal gates with locks in the public-access ways to keep locals from using them.

It is sad that so many just take from our islands with no intention of ever giving back. We all need to learn to give back to our communities and the places we visit.

Thank you Mason, Nalani, and all those people who came out to help clear the path.

Mason, maybe you can get our council to pass a bill to require the public be educated on Native Hawaiian rights and laws. Another idea could be having visitors and residents perform community service to better appreciate this beautiful place that we call home.

Mahalo.

Stephen Frank, Kapa‘a

9 Comments
  1. ruthann jones August 21, 2020 3:21 am Reply

    Stephen…right! Let’s stop the visiting haoles from continuing to throw their old appliances and vehicles over the side of our beautiful cliffs! What? Then who could it be doing these things?


    1. Ann O'Riley August 22, 2020 9:42 am Reply

      Mostly I have seen locals, even Hawaiians, dumping stuff on the roadsides, or over cliffs.
      Visiting haoles? I hardly think visitors even have appliances or vehicles to dump.
      Let’s keep some perspective.

      darkness.jan21@gmail.com


  2. James Kuroiwa, Jr. August 21, 2020 8:17 am Reply

    Stephen, The State Constitution Article XII, “Section 7. The State reaffirms and shall protect all rights, customarily and traditionally exercised for subsistence, cultural and religious purposes and possessed by ahupua’a tenants who are descendants of native Hawaiians who inhabited the Hawaiian Islands prior to 1778, subject to the right of the State to regulate such rights. [Add Const Con 1978 and election Nov 7, 1978]”

    If the actions of the “native Hawaiians” on Kauai and the State escalates, they may cause the impetus to repeal the unconstitutional Section 7 of the State Constitution under Article XII. Which to date, has not yet been challenged. Section 7 is unconstitutional under: “Amendment XIV, Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”

    Hawaiian history revisionists have attempted to end-run the Equal Protection Clause by making the Americans of Kanaka Maoli ancestry the same as American Indian tribes. The SCOTUS has repeatedly held that differential treatment of Indian tribes as tribes is justified by the Constitution’s specific reference to Indian tribes as separate sovereigns. The U.S. Constitution has never contained a “Kanaka Maoli Commerce Clause”, and Americans of Kanaka Maoli ancestry do not and could not qualify as an American Indian tribe.


  3. Kathy Deutsch August 21, 2020 8:20 am Reply

    We were frequent visitors to Kauai from the mainland. We mostly were treated with aloha. But we always felt like there was a “secret code ” we were unaware of.
    A local shop had a handprinted sign about “living aloha”. We read the sign, went in and spoke to the person working.

    Then we went to Walmart, KMART, and the bookshop. We picked up self-printed books about Kauai, Hawaii, and the Kingdom. We read them.

    Please, if and when visitors return, enlighten them PRIOR to getting on the plane about considerations toward the people who live on Hawaii’s islands.

    Too many Mainlanders see Hawaii as a tropical amusement park. Why? Because most of our Mainland that borders the oceans IS a giant playground. Travel agents do nothing to tell travellers that Hawaii has an ancient and vital culture. A culture that should be respected. Real estate agents I have spoken with dance around truths of access paths, community closeness, the importance of keiki, ohana, kupuna, and pono. One agent wanted me to look at a place in the Homesteads. There are so many who want that quick buck.

    Indeed, educate before we fly over. The Native American Pueblos are living historical sites with low tolerance for silliness. The Pueblos make it crystal clear what is expected of visitors. Hawaii must do the same if they want visitors with the “right mind”.

    One last thing. We were strongly encouraged to go to a luau on Maui. During dinner, “Hawaii 78” was playing. I quietly mentioned to a server that “it took guts” to play that. He straightened up, walked away, then turned and grinned at me.


    1. Kauaidoug August 22, 2020 10:32 am Reply

      Oh, Ms Deutsch. If only more visiting tourists were as considerate and “woke” as you, but they are not. I can’t tell you how many times I’ve given a tour to the canyon and people would marvel at all that open space on the westside and say ” why don’t they put hotels up here, look at all the room?”.
      As a traveller myself in my pre Kaua’i days I did learn about where I was going. I always knew the average temperature to expect, I always knew a limited amount of history and what attitude to expect from the locals. But that is the way I traveled and I’m afraid I was in the minority, especially among Americans. And I traveled in pre internet days so it wasn’t always easy. Yes it would be nice to have “woke” visitors but unfortunately they are the minority and anyone thinking they will subject themselves to wrist tracking bracelets is fooling only themselves.


      1. Kathy Deutsch August 24, 2020 8:49 am Reply

        Mahalo for the kind words.
        We are not “woke”. We are just trying to get along with our hosts.

        It disgusts me that being an ugly American is often lauded. When covid first hit, a lot of Europe was delighted that Americans would not be going over. I cannot blame them. Privilege seems to breed obnoxious tendencies.

        Which is kind of the problem, these days. The virus is new. We don’t know the lasting effects. But a lot of us want our Hawaiian vacation and we want it now, dang it! Virus be hanged! If the locals get it, they get it.

        The lack of caring makes me nuts.

        Kauaiians, do what you need to do to protect your ohana. We can wait.


  4. Everythingisawesome August 21, 2020 12:02 pm Reply

    “People who are giving back instead of taking should be thanked, not hindered.”

    Sounded like they were trespassing, not “giving back”. Re-read the article.

    “About 20 years ago, the property owner allowed a neighbor to use the pathway to gain beach access, and then more people began using it.”

    If the article is accurate, this has nothing to do with protecting, practicing, or preserving Hawaiian culture.


  5. Wailuanuimanokalanipo August 21, 2020 3:30 pm Reply

    Thats right everythingisawesome, key word “IF” let me educate you. every inch of this land is sacred and historical. You all might not have gotten the memo but it was declared so by HiSTORIC PRESERVATION OFFICERS IN A MEETING WITH THE NAVY PRIOR TO RIMPAC. AND IF YOU EDUCATE YOURSELVES WITH THE HISTORIC PRESERVATION ACT, YOU WILL SEE THAT HISTORIC PRESERVATION OFFICERS HAVE THE RIGHT TO DETERMINE WHAT IS CONSIDERED HISTORICAL AND WHAT IS NOT, not the state historic preservation officer alan downer, WHO WONT EVEN RETURN CALLS FROM ANY OF THE HISTORIC PRESEVATION OFFICERS / kONOHIKIS, ED KAIWI, KAIMI HERMOSURA, SY HEEN SHIM, WALTER APANA, NOR ED TANIGUCHI. THE STATE AND COUNTY SEEM TO NOT WANT TO RECOGNIZE THEM BUT THEY ARE EQUIPPED WITH BADGES ‘APPROVED’ BY THE DEPARTMENT OF INTERIOR. IF THERE IS ANYONE WHOM WOULD LIKE TO CHALLENGE THEIR POSITIONS FEEL FREE TO SPEAK TO ANYONE OF THEM AND THEY WILL SHOW YOU THE PROOF. WAKE UP ……UNITED STATES IS AN OCCUPYING COUNTRY! BUT THEY ACT LIKE THIS IS THEIR LAND……IT AINT AND TO SALE PROPERTY AS AN OCCUPYING COUNTRY IS ILLEGAL AND NEEDS TO BE HANDLED SOONER THAN LATER!


  6. nothings free August 22, 2020 10:04 am Reply

    What is a “native” Hawaiian? Of course, most of us have many ancestors who were from everywhere. I think the world wide definition defining one as a single ancestry is if you have 50% or more “blood” from the Country you claim to be from? Are there any 100% Hawaiians left outside of Niihau? How many? How many 50% pure Hawaiians are left? My guess is not many on both counts! Much more representative of Hawaii today are Phillipinos, Portuguese, Japanese, and American/European? Would someone give us the accurate numbers of those we’re talking about?


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