Judge rules for OHA in blood quantum suit


Advertiser reports:
A federal judge has ruled in favor of the Office of Hawaiian Affairs' policy of assisting all Native Hawaiians, not just those with 50 percent or more Hawaiian blood.

U.S. District Judge Susan Oki Mollway on Friday ruled in favor of OHA trustees and dismissed a lawsuit that claimed OHA could only spend money on Hawaiians of "not less than one-half part" of Hawaiian blood.

The lawsuit was filed by five men, each with 50 percent or more Hawaiian blood, who said OHA has too many beneficiaries and that money from what's known as the Public Land Trust — established under the Hawai'i Admissions Act of 1959, which admitted Hawai'i as a state — can only be used to benefit those who have at least 50 percent Hawaiian blood.

Mollway said in her ruling that "the Admissions Act is not so restrictive."

Earlier, in documents that indicated how she would eventually rule, Mollway wrote: "OHA trustees have broad discretion" in deciding how to better the condition of native Hawaiians.

OHA maintains that its mandate is to assist all Hawaiians, regardless of blood quantum.

Walter Schoettle, attorney for the plaintiffs, yesterday said of the ruling: "It's wrong, and we're going to appeal to the 9th Circuit."

Star-Bulletin also has the story.

Update: Here's the ruling (h/t Steve Laudig): Day v Apoliona Ruling on MSJ 20 June 2008.pdf


Posted: Sun - June 22, 2008 at 08:38 AM    
   
 
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Published On: Jun 23, 2008 10:53 AM
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