Judge Mollway disregards the State Constitution, the will of the people expressed in last November’s election, and invalidates the moratorium.

On June 30th, as anticipated, chief District Court Judge Susan Mollway published her decision invalidating the results of last November’s election and (for now) giving the industry a free pass to continue its harms against the environment and the people of Maui County.

Perhaps trying to convince herself of a decision that will certainly, in time prove to be discredited, Judge Mollway opined  – 

“None of the motions asks this court to determine whether GE activities or GMOs are good, bad, beneficial, or dangerous. Nor do the pending motions ask this court to address the value of voter initiatives to adopt laws such as the Ordinance. The court recognizes the importance of questions about whether GE activities and GMOs pose risks to human health, the environment, and the economy, and about how citizens may participate in democratic processes” 

“This order is not an attempt by this court to pass judgment on any benefit or detriment posed by GE activities or GMOs. Notwithstanding the concern that many people have expressed on both sides of these issues . . .  those issues are not before this court on the present motions, and those who want those issues addressed must seek means other than the present order to accomplish that. Similarly not before the court at this time is the question of whether it might be a good idea to allow the County to regulate GE activities and GMOs.”

 Despite Judge Mollways wholly unsupported assertions to the contrary, these were precisely the issues before the court. What Judge Mollway did, described in greater details here,  was unilaterally (at the industry and certain county official’s request) invalidate the result of an election, disregard rights guaranteed under the Hawaii State Constitution and allow the possibility of severe public health and environmental harms on the residents of Maui County to continue under her authority. Her full decision can be found here. 

 As explained further here, Shaka’s appeal of these improprieties and clear errors in judgement are already before the 9th Circuit court, on appeal. There remains substantial hope we will find Justice there.