Protesters might file case in state court

A request for a contested case hearing seeking to overturn the emergency rule limiting nighttime access on Mauna Kea will be considered by the state Board of Land and Natural Resources on Aug. 14.

But University of Hawaii law professor Williamson Chang said he might end up filing the case in state court sooner because the date assigned to the request is too far away.

Chang filed the petition on behalf of Hawaii island residents Kelii W. Iaone Jr. of Hilo and Hanalei Fergerstrom of Kurtistown, who object to the emergency rule approved by the Land Board on July 10 prohibiting nonvehicular traffic in the summit area between 10 p.m. and 4 a.m., plus camping gear at any time.

In his filing, Chang also included petitions asking for a declaratory ruling and repeal of ruling that also seek to upend the emergency 120-day rule.

The complaint, among other things, argues that First Amendment rights, including the free exercise of speech, assembly and religion, are being violated and that also procedural errors invalidate the rule. Those errors include the failure to state the reason for the regulation in the text of the rule and the making of last-minute changes without proper public notification.