Monday, May 23, 2022 |
Share this story
WAILUKU — The Hawaii Supreme Court has overturned a disorderly conduct conviction of a Native Hawaiian activist who blocked a construction convoy heading for the summit of Maui’s Haleakala volcano to build a solar telescope.
The court said there wasn’t substantial evidence to support the conviction of Samuel Kaleikoa Kaeo, T he Maui News reported.
In July 2015, Kaeo and other protesters linked their arms inside PVC pipes and laid down in front of the convoy.
Kaeo said he didn’t physically inconvenience any member of the public because his conduct was specifically directed at preventing a select group of private individuals from leaving a baseyard.
The court said that to prove the charge of disorderly conduct, the prosecution had to show that Kaeo acted with the “intent to cause physical inconvenience or alarm by a member or members of the public.”
But the evidence presented didn’t show inconvenience to anyone other than about 20 convoy workers, said the opinion published on Dec. 29, Associate Justice Todd W. Eddins wrote the unanimous ruling.
“The convoy workers are not ‘members of the public’ in the ordinary meaning of the term,” the opinion said.
Construction of the telescope went ahead. The Daniel K. Inouye Solar Telescope released its first images in 2020.
Your email address will not be published. Required fields are marked *
By participating in online discussions you
acknowledge that you have agreed to the TERMS OF SERVICE. An insightful
discussion of ideas and viewpoints is encouraged, but comments must be civil and in good taste, with no personal attacks. If your comments
are inappropriate, you may be banned from posting. To report comments that you believe do not follow our guidelines,
send us an email.