Kukui‘ula Not Defferred-A Roundup Of Council Decorum

Council loosens Kukui‘ula project lease conditions

This was the Garden Island Newspapers take on the meeting yesterday. I have a completely take on the last several council meetings, and the last planning commission meeting I attended, and it has nothing to do with the issues that were being discussed. It has to do with the completely embarrassing way that commissioners and legislators have been acting lately. Especially in the Council Chambers.

Yelling, raised voices, essentially calling each other liars, whining, pompous statements, pandering, essentially acting like children, cutting off the general public when they are trying to speak,m shamelessly using public attorneys to help them as individuals to stop another councilmember from speaking, interrupting each other, making faces, walking out of the room, addressing the audience, to cut down another colleague. Its absolutely reprehensible the lack of decorum on this particular council. Yesterday was probably one of the lower points in council decorum history.

The funny thing is none of them see it. But from a general public perspective it looks terrible. I was there yesterday, and literally walked out of the room, be cause I could not stand watching them. It was an utter embarrassment. Other members of the audience were frankly shocked, embarrassed, our outright laughing at their total lack of respect for each other.

When I came back from picking up my daughter at school, guess what, they were still going at it with each other.

I testified yesterday in favor of a 2 week deferral for the Kukuiula bill. But for very different reasons that Joanne did. I feel that Council does everyone a disservice when we do not get complex issues explained in more common man terms so that we can understand the issues better. The Kukuiula situation is highly complex. Of course there is a reason for that. Its actually very simple, if you craft it simply, and state what it is for plainly. But they don't they make It so full of numbers, and other features that it actually seems a lot more complex then it actually is.

This, I have discovered after going to many of these meetings on and off throughout the years when my personal schedule allowed it, is a common maneuvering tactic to actually debase the public knowledge and awareness on issues. It is coupled with the fact that the general public was denied its rights to access from a petrified council who just didn't want to modernize enough to put documents online. That is being deferred to December. But we couldn't postpone Kukuiula 2 weeks so the general public could become aware of what the reasons were for Kukuiula wanting to move now on downgrading the buyback from 90 years to 25.

When Uncle Kaipo brought up the apples and oranges argument, frankly I was a bit disappointed. He compared the New Development in:Kalapaki by the Marriot to Kukuiula. However these units were already build out. they had a 80 year buyback and got theirs reduced. The state has much lower standards. However, Kauai is unique and Kukuiula is unique. And each development must stand on its own and has different criteria. You cannot compare the one with the other.

The issue I had yesterday with Jay Furfaros comments, were that a lot of the general public got to many meetings to fight for those conditions. He made it sound like it was just them that fought for it. Jay also called for a comprehensive housing policy. Well yeah, dud. But will poeple like myself, the meat abd bones of the general public be allowed to participate in that? Not likely. He talked alot about the general plan update. With my coalition being extremely active the last three years, think I will be invited to site at that table? not likely. In fact, they just don't give credit to any of the hard work and testimony that the general public fights for on any issue. In the end they also make it sound like it was all their idea. Sad, isn't it?

Some say I am arrogant, self serving and pretty pompous myself. Nope. I am just like the rest of the general public., We want some credit for having some good ideas. But wait....yesterday some miracles did occur.

Miraculously they did give me some credit for stuff. But it was a small gallery yesterday and they didn't have much to choose from. They needed to praise someone, and an ally somewhere. hence I got some praise on camera. It made me wonder why, since all the other times I have testified, when there were cooler people in the room I never got any. Oh well, guess I shouldn't whine about that, huh? Just be grateful,. take my pat on the head and you know the rest of it. It was a viscous hostile room yesterday, and made everyone in the audience uncomfortable. The planning commission wasn't much better. three against three, and there was some hot contention. But they act way better then the council does. They definitely have a lot more decorum. But not much.

Yesterday, when the issue of Bynums bill came up, it was blaringly apparent they needed to tweak their rules. So, I asked Peter to ask Uncle Kaipo if I could speak. TO his credit he let me. I felt like I was addressing a bunch of rowdy schoolchildren, and I very politely told them that they looked pretty bad when they acted like that., That they have to make equitable rules for doing legislation. If one document needs scrutiny before getting on the agenda, they all do. Not the ones you just don't like. I suggested that all documents should be scrutinized like the state draft bills are. I realized that if this were done, the County Attornies would have already given their approval, and then if they kept getting up and dissented, that would be on their side for not doing their job. Hence we cut the whole "County Opinion" need to essentially zero, since they already would have given it on each bill. I then told them that they need to understand that Tim was just trying to keep the ag package together and moving at the same time. There were three bills for Ag that did not move forewords with the others. Then Uncle said, ok, well I am calling a recess so that they can be read individually if any councilmembers have a problem with what you think is the illegality you can just vote no to put it on the agenda. Darryl was dead set against it and voted no. the rest, voted yes so the three bills went on the agenda. It is anyones guess if they will move through before the next council.

Another point I brought up is if the county attorney doesn't give his opinion in a certain amount of time, a bill automatically moves to the agenda. which is fair, since Tim asked a year ago for it to be scrutinized. Another thing is that at the state level, both staff and the attorneys approve and ok bills, before the Representative or Senator takes it to the floor. It seemed to rub both Tim and Lani the wrong way. You could see the mistrust of both in their opinions. I think Tim was feeling pretty beat up by the council yesterday. And that brings me to my biggest issue with running for council.

If you don't have a spine of steel, don't run. That means, be like Derek. Now Derek, through this whole thing yesterday was calm, cool and collected. But you could hear it in his voice. He was speaking slowly, clearly and politely. That was to keep himself in check. I am sure he was steaming on the inside but he kept his decorum. And I entirely applaud him for that. Dickie as well, did not engage in the hatefest that was going on there yesterday. However, having a spine of steel does not mean straight up, arguing with each other, loudly and rudely to prove how "tuff" you are, and how you can "hold your own" on the council. All that does, is show how easily ruffled you are, and you can't control your emotions. That does not make you come off as a candidate that can "hold your own" and has a "spine of steell". That just makes you looki ridiculous.

As I told Jay yesterday. "You know I miss the days when we the audience members were the rabblerousers, and you people were all calm, and professional and just let us rant. Now, its us that are calm, and you are the ranters." He got a good chuckle out of that, and agreed with me that the council had acted in an undecorous manner. Then, in his closing statements, he thanked the council, for "working together and acting in a decorous manner", Welcome to Kauai politics. Its do as I say, not as I do.

Dismantling the Mufi Hype

Breaking up the hype about Mufi. In this amazing video, Mufi claims his pride in his grandfather, who ceded two islands in Samoa to the US. So, how can Mufi Hanneman be in support of anything for Native Hawaiian Sovereignty? He can't. Because his values are to cede and deed lands to the US. That is his families heritage.

I will grant that Mufi has amazing accomplishments in his life, and I applaud him for that. However, after attending Harvard and being a Fulbright scholar, you would of thought that the man would have been more sensitive to the needs of the poor and homeless. Yet his policies have been cruel and heartless towards the homeless in his area.

You would have thought also, having attended Harvard and been a Fulbright Scholar that Mufi would have been more about the equal rights of others, such as gays. But Mufi has actively campaigned against gay rights.

Mufi is a Mormon. This religion cannot legislate fairly because of its many prejudices and personal philosophies. I know.; I am an ex-Mormon. I know what the Mormon church stands for. And it isn't equality and Justice for all.  The Mormon Church is an ultra conservative right leaning institution that only in recent history has allowed people of color to be full members of their church. That is a fact that cannot be denied. The Mormon Church has heavy influences in Samoa and Tonga, and fully most of the islands there are Mormons.

Hypocrisies about in his statements. He says that the people of Oahu gave a mandate in favor of the rail. However we know that there is large opposition to it in Honolulu and is as contentious as our own bike path has been.

In Kalihi where there has been a crack down against housing residents and curfews against other ethnicity's other then Samoans, (such as Tongans, the hereditary enemies of the Samoans, and others such as Micronesians) one can see where one sided tribal loyalties may significantly affect his ability to rule on matters regarding other Polynesian people such as Tongans, Cook Islanders and Micronesians. He has a new CD out in many languages including Hawaiian (Olelo). However, it is the University of Hawaii dialect. Something that many elderly speakers, and no Niihauans can understand well or at all.  Which shows no sensitivity to the outer Islands, especially Niihauans, who being very conservative Christians would probably like him./ If they could understand what the CD said. But his concern is not for the poeple of Niihau understanding him, obviously.

As far as Native Hawaiian rights go, Mufi has clearly stated that he is from a heritage that supported annexxation to the US. So how can Native Hawaiian rights get a fair deal under Mufi?  Since he is proud of the fact that his family ceded and happily the lands under their stewardship to the US, rather then continuing the heritage of the chiefly class. In Tonga, and in Samoa, many chiefs did not sign away the lands. That is why we have American Samoa, and Samoa, and Tonga separated. They still have their chiefly class.

Mufi claims to be  Democrat. Yet on many issues, He has sided more with Republicans then with Democrats, and has caused much division within the Democratic party because of it. His policies are not progressive, and he has proven that he legislated and makes decisions on issues based on his political and religiousbeliefs and does not accept the separation of church and state. This is  blaringly evident in his very vocal and public opposition to Bill 444. He is a vocal opponent of gay rights, and supports his religious belief's over the freedoms of others. On the environment Mufi has only done lip service to this, and was in favor of the SUperferry not doing an EIS before coming to the outer islands. This flew in the face of logic, and eventually the law. Thus the failure of the  Superferry of which he was a strong supporter. He had the audacity to make sttements here on Kauai that he would bring the Superferry back. It did not get a kind response from the audience. Which just goes to show how completely far removed he is from the feeling and sensitivities of the outer islands.

He has designed a railway system that has caused deep division among the people of Oahu. Will he want one here on Kauai" That is their biggest problem I have with Mufi. His Oahu ego centrism. Mufi, in this video says nothing about the outer islands. Not one single word. And I believe that is how he would Govern as well. From Oahu, for Oahu, by Oahu, all for Oahu. This is the single biggest issue facing outer island people today. The fact that we do not want to be ruled by Oahu any More, and are frankly sick of Oahu treating our islands like their back yards, and like second class citizens. I see nothing in Mufis record, or this video that changes my mind. Because he doesn't even talk about the other islands. Only Oahu.

Democratic leaders in name only who push a conservative Republican agenda. So, what really happens, is that Mufie and Dukie are both the same.
He stated, is that he is the first "native born" Mayor in 40 years.  That may be true, but he wouldcertainlynot be the first Native Born Governor. So that is a glass ceiling that has already been broken. I want a native born Governor that  isn't a coconut sell out. That's what I want.

What is really surprising, shocking and saddening to me, is that here we have two native sons, handsome Polynesian men with amazing educations and all of the opportunities in the world to really show how much about equality, equity, fairness and Love of land, love of people they can be. Yet, these two have chosen to both go to the conservative agendas. And the last candidate standing, although a bit shorter is a Caucasian gentlemen who has shown more understanding of what really matters to most local people then these two has. That truly makes me upset. It seems as if being a front for Conservative Christian White Jihad Domestic Terrorists in Hawaii has been the way of local politicians too long. To the point where it has become an embarrassment and a travesty.t

The election of Neil AMbercrombie would send a strong message to local politicians. The days of having to be conservative, and pander to white special interests so that they can put a local face on their prejudiced and racist agendas is no more. Those days are over. You can now really do, speak, say and be the way you really want to be. And Neil AMbercrombie not being and egocentristic person bent only on the interests of Oahu and being in favor of equal rights for all, and far more sensitive to native Hawaiian rights then Mufie or Duckie is, in my book a huge wake up call for both of them. This must transcend race, religion and familial alliances. This must be a logical decision that will not dishearten the people any more. The people can't take anymore. We need a champion that will fight for US.

And that for me is certainly not the conservative, gay bashing ego centristic all for Oahu Mayor of Honolulu.

Kuku'iula 90 year reduction -Paanau low income hostage

Kukui‘ula project redux(garden Island Newspaper)

Other potential "hostage" projects
more here:More potential "hostage" projects


My Take is here:

Well, the council gave Kuku'iula project the green light to go from a 90 year by back to a 25 year by back. Although the reasons are masterfully convoluted and brilliantly confusing as they are meant to be, and the average human cannot even begin to comprehend the rollercoaster ride of rates and incomes, and means and the market, even the council I suspect, the original bargainer is not buying it.

Joanne Yukimura, slightly a bit tarnished in my eyes due to the whole TVR issue, has gotten herself back into my good graces. We have had many discussions about housing, and she is a member of my Kaua'i Fair Housing Law Coalition. It was Joann who helped to set conditions for Kukuiula in the first place. What she has always tried to make me understand, is that we really do need all types of housing on the island at all income brackets. I will say that Joann has helped me to understand the intricacies of how that all works and makes things better for everyone.

When you are on the very bottom of the economic scale like I am, it is hard sometimes to comprehend these concepts. But Joann at least was able to shed some light on this issue for me.

That is why when I testified on this issue as late, many times representing the Coalition I have been hesitant to say no to it. Why, do you ask?

For a very simple reason. Paanau Village expansion project lies in Kukuiulas hands. If I want the low income housing finished for Kauai's neediest residents, then I can't go around jumping down their throats for anything. If I want the people to get a better living wage and nicer looking housing, I can't rock the boat. Even when the boat is questionable and has leaks in it.

Now, is this right or ethical? Have I sold out? Nope. This is politics. Plain and simple. This isn't about housing. However, for me, some players involved in Kukuiula are Friends. Would they lie to me? Well, that's up for debate. Do I have to see a conspiracy theory in everything? Contrary to popular belief, no. DO I completely understand this whole buy back option exception? Nope. But I do understand that if they are going to complete Paanau expansion, they need, in their minds to get a break somewhere in the original conditions and this is the break they want, otherwise funding for Paanau may not happen.

So what do I do? I trust Kukuiula? Not exactly. I watch, wait, see what happens. They have told me that they are ready to start hiring people. Good. I will wait, watch and see what happens. DO any of us really know how this whole buy back thing will play out? Nope, not even Kukuiula, I suspect. Do I completely understand the need to provide housing for well paid managers? Yes, and I will tell you why.

It just goes to prove that we have a housing crisis here, where even middle management needs affordable housing. that says a lot to me. Do I agree with Joann's opinions on this? One hundred percent. DO I agree with Kukuiula? I have too. They hold the keys to the doors of Paanau. Does that put me between a rock and a hardplace? Absolutely. I have already stated my opinions that I want the housing to stay in the hands of the people that need it most. That I do not like the 90 year exemption down to 25 years. However do I have a choice, and put Paanau Low Income housing in jeopardy? No choice there.

But what I am hoping for is that every one will watch this situation carefully, and a  new council can go ahead and redux this again, and try to get back some of the ground that was lost on this issue. But that would require a mandate of the people to get into the voting booth and vote in some new blood that could tackle the double speak and confusing jargon, get it into simple speak for the rest of us, and make sure that developers cannot hold housing for housing hostages again.

Kaua'iCounty manager proposal killed-question will not be on the ballot this election cycle

County manager proposal killed

It is a no brainer that the proponent of this ideology and bill will bring it back up to this commission until it gets on the ballot. The question for me is, everytime some group doesn't like the Mayor, or can't get their way all the time, this issue will continue to resurface. Do I think that if there was a County Manager instead of a Mayor things would change? Not likely. The Mayoral staff is actually the defacto manager now. In the current case, that would be Gary Heu.

One of the problems that I have with this, is much like our Police Chief situation, the need to hire a good head hunter, ect, and look for someone outside of our community seems to be the underlying sentiment and impetus for this bill. I however, would rather see local talent to fill the slot. Many newcomers to our island, do not yet understand that this is not the mainland, and that Kauai is very unique among our island chain. Those who argue that this island is rife with corruption, and a "local " mentality, or a "plantation mentality".

Well, if you aren't local, or have never been here when the plantations were thriving you cannot understand the meaning of those words. When people move here the first thing they want to do is change things. They think they have all the answers and they can do things better. People talk about corruption and the ineptness of our county government. Well of course.

When I see these sentiments, I just cannot help but feel that it absolutely smacks of a kind of antagonistic attitude towards local people, being essentially inept to run their own affairs, and we must need someone with "an education and experience" to run our affairs. That pompous attitude is very thinly disguised racism. I believe that we have enough intelligent and talented individuals right here3, homegrown on the Garden Island. I do not see the need to go outside to manage our system.

If people do not like the way things are being done, then make your voice heard in the voting booth, or attend meetings, make phone calls, or email testimony and write letters. Start a blog. DO something about it. But I truly see this issue as a "newcomer, locals can't govern themselves" issue. Frank,ly I find the arguments put forth as rather offensive. Now to the mainland mentality, that is those that think we fuss about nothing, and then don't fuss enough about other things they fail to understand the uniqueness of Kaua'i. It is for that exact reason that I do not feel that at this time we need a County Manager form of Government.

ANNE PUNOHU'S FIRST OFFICIAL ENDORSEMENTS FOR COUNTY COUNCIL

There are only three for now. I will be making the last four endorsements next week.

They are:

Derek Kawakami
Kipukai Kuali'i
Nadine Nakamura

Here are the websites of these fine candidates. Please cast your vote in the direction of these Kaua'i residents, who for me, have demonstrated the worthiness to sit on the council.

Why am I endorsing these three candidates? I do not give out my endorsements easily. I have specific criteria. One of them is that they have to have an even personality, a calm demeaner, without appearing cold, and they have to have roots to this island in some way. Another criteria I have is flipping and flopping. I do not like wishy washy candidates, who copy opthers rhetoric, or talk about the great "I am", or have a pompous attitude, or who do not listen to other peoples ideas even though they may make sense, but conflict with their own. I do not like candidates who cause dissension and disharmony and who try to take the credit for everything, and act like spoiled Divas on the council.

For me, Derek, as a freshman Council member has behaved admirably well,. He has not displayed any of the red flag behaviors I have seen others display when on the council that would point to a bad policy maker. He has done excellently well, and he is fair and balanced. He can disagree with you without making you feel like you are beneath him or not as good as he is. Others, sad to say display extrfmely pompous behavior, and think only they have the good ideas, and yours are really worth nothing. That is why DEREK KAWAKAMI is getting my vote.

Kipukai for me, is a no brainer to be on the council. Besides carrying one of the most noble names on our island, and being a direct lineal descendents of one of the highest Pio Lines Ali'i Mo'i of our island, (King) by the name of Kuali'i, who in history actually has the credit of being the first to actually unite the islands BEFORE Kamehameha did it, Kipukai has all of the birthright of his famous ancestor, and truly is an ali'i in the old style of the word.

He is highly intelligent, exceptionally even tempered, and listens to others opinions. He actually attends important meetings and has spoken out on the issues and does not have a pompous bone in his body. He treats everyone with respect, and does not mock poeple or raise his voice to people or try to shut them down when they may express an opposing viewpoint. I see Kipukai as someone who truly can work with everyone, and still create legislation that will actually be for the good of Kauais people.

Nadine is a fresh female face for the council which we sorely need with the evacuation of Lani Kawahara on the council. Although the council chambers has had a hard time keeping its female council members inside it, I believe that Nadine is finally the fresh face that can take the heat in the council chambers and keep at it for as long as the voters are willing to keep her there. She has an exemplary history and is even tempered an not pompous or a Diva in any way. She has a vast store of knowledge and is an empathetic person. She is not wishy washy, or a flip flop. She is confident without being stuck up. I support Nadine whole heartedly.

So please, give these fresh and deserving faces an opportunity to truly serve the people of Kauai.

Of TVR's, Farm Worker Housing, and other strange tales of Kaua'i

HERE IS THE ULTIMATE AGRICULTURAL LAND TVR-GOES FOR up to  TEN THOUSAND BUCKS A NIGHT. yep. Should these guys get a permit under the new TVR Bill? Evern if these people are the nicest people in the world, still this isn't right. Honestly. Come on, people. If you have this much money, then you have the money to do farming RIGHT. Big operation. Lots of empolyees, read: FARM WORKERS. NICE accomodations for your farm laborers. big contracts with major food companies. Hydroponics. If your landscape plants work well, then you can grow crops on your land. When they purchased this land, it was zoned ag. No excuses. Lease out the land. Something. Anything. Build yourself a nice home. OK, whatever. BUT NOT THIS!! THIS IS A PLANNED USE, ie they bought it with the intention of using it for THIS, and not ag. That's my problem with it. Plus, the name is absolute GIBBERISH. "Palama Huna Hale?" Huh? No such thing as huna. New age garbage. Palama? As in 

Palama ¹

Definition: A membrane extending between the toes of a bird, and uniting them more or less closely together. , which is NOT a Hawaiian word. Or is a Hindi word of some sort? Or is it named after the district of Palama in Honolulu?  get the picture yet? Gibberish.




And here it is: The luxury vacation rental on the north shore, that goes for 10,500 dollars a WEEK! Oh yeas, we NEED this on Kaua'i! Absolutely! This is the future of Kaua'i! This will make us all propepsrous. Hey don't be hatin cuz I can get a house for vacationin and you can't!! take a look at this abomination, here at:
 http://www.holomakani.com/holomakani, Yeah, here, take our land, and make 10,500 bucks a week off it. Enjoy. Yeah. Sure. Aloha Spirit, brah!

Here is their availability calender. They seem prety booked up. Lets count the money shall we? From now, until November, so far this year looks like they will be making 80 grand. Of course that doesn't include the first part of the year. I would say probably when the bookings are all down and all of the dough has been counted pretty cose to a cool million, since the potential is 40-50 thousand a month.

You might be surprised at what you see on this "availability calender".  Is this property on "ag land". Probably not. BUT is this a TVR outside of the VDA? Forget that. Is it just morally and ethically wrong? My ohana is from this area. They dont charge 10,500 dollars a week to live there. In fact many of my ohana regularly took in people with no place to stay and never charged them anything. Some of them grew up to be real estate agents in Hanalei. Think about that. The surrounding properties in this area actually are inhabited by some very poor and humble poeple, who would offer you the shirt of their backs, a hot meal and a spot on their counches. Just think about that for a second. And then you wonder just why some of us fight against these things. ALoha spirit my a$$


For my take on yesterdays meetings, PLEASE SCROLL DOWN HERE:




Well, it was a very long day, (and night) at the council chambers. If you ever want to know what going through a marathon ride of emotions, ranging from mental exhaustion, elation, fear, anger, indignation, happiness, hopefullness, forgiveness, and every other emotion there is just go to one of these meetings. You will be physically and mentally exhausted afterwards, trust me. I know I was. I wonder why I do this. I must be a glutton for punishment, a complete idiot, or completely insane, or all three. Frankly after waking up this morning with a Council Meeting Hangover, commonly known as a CMH, in council-speak, I think I am all three most definatly.

IT was really Kauai political theatre at its best. In its strange incubatorial world of nether reality we live encased in this bubble of a hub engrossed in influencing each other both on and off camera, a nd as usual, the audience area serves as the hub for the "shadow council", as we cut our deals amung ourselves, try to influence our opponents into common sense and out of their own opinions and self interests, and other strange alternative reality activities.

Our audience area is a strange sea of flotsom and jetsom, punctuated by a few leaky rowboats, and Cruise ships all maneuvering and banging heads in the same salty water of acidic verbal discourse thinly disguised by politeness while gritting your teeth from the inside.

Occasionally, councilmemebers attempot to swim into our turbulent waters and navigate through our lines of communication often, I am sure regretting their attempt to do so without water wings, or a good inflatable. We, for our part, are like Sirens, calling from the rocks to cajole our helpless victims into the water, to swim the dangerous currents that are the Citizen Gallery while the beleagered staff actually tries to keep everyone happy.

Another great sideshow is the Bull Pen of attornies which is always fun to watch if the rhetoric at the mike on either side of the bar gets a little boring. Whispering, postulating, getting up and down, getting their turns at the mike, which they relish almost as much as we do. We really can't complain, as we are all part of the same theatre group, and everyone has their parts down to a "t". We also do our share of getting up, and down, grabbing mysterious peices of paper scribble down as much as the attornies to, in a beautiful ballet of futility at times. But we have learned the ploys, the plays, the eye contacts, hand signals. When you have been in this Theatre of Fools long enough, you learn well.

It is always facinating as the camera gets turned off, and the breaks go through we exoplode, or implode into a cackling sea of hens where we really spark up the charm, or the ploys, or acts of sheer desperation. When the cameras go on again, at least 7 new alliances have been made, and 126 new deals have been struck. All within a blink of an eye. Its real Twighlight Zone stuff. Facinating to participate in.

So it was yesterday,the play played itself out, with calls for recusals, and the bringing up of infamous blog posts, and a litany of people claiming they can't farm and the only way to save themselves was by having TVR's. Then there were rthe assurances that the issue would be looked at sternly by the planning commission. Then there was the presentation that frankly pissed me the hell off. I do not beleive that anyone who has to so ostentatiousely show off there wealth does not have an emotional compensation problem.

The strangest thing to me was that we were all sort of in a dream trance there. Some internalized among each other. Those of us who were rowing the leaky little row boats in the seas of contention knew that we could not plead our case to change the outcome. It was a done deal. Frankly I was already into the "kill em with kindness " mode, and shook the hands of the ones who were seen as the biggest abusers and problems in the TVR's issue. Why? I wanted to see them as human beings. To look into their eyes.  To dfind out what makes them tick. To see how to work on these poeple. TO get them to see the other side.  Wel,l, I am sure its a pipe dream. But idiots and fools always hope for impossible thijngs. Maybe I don't have the spine of steel I like to think I have. Maybe I like to think that anyone can see reason somehow. THe onwe thing I did get to say is that how can you expect me, from my lowest rung to come here and support you on the highest rung when I myself have no support from you? WHere is my motivation! Is that selfigsh and heartless? Perhaps. But then remember this is a play, theatre, a dance.

ANd then the curtain falls. Reality sets in. There are repercussions to two bnills that passed yesterday. Tvr's on Ag lands. The opportunity for "fairness" and to "plead their case", and to have "due porocess". The problem is the people of Kauai do not feel like they have any of those things. The perception is that there is coprruption, back door deals, all sorts of things going on and that the poeple will always lose. That there is no hope. That it is over for Kauai.

Then, we got the farm worker housing bill. For me, that was a victory. Because it was caused by the housing crunch caused by the very same TVR situations. Those that claimed to be doing ag would now have to prove it. What better way, then to need farm worker housing. What better testament to the fact that all of these rich peoples mansions have caused homelessness, a lack of housing, and the very need to build housing for their help. Look at Kukuiula they have to have housing for their middle management earning a decent living wage because their is no housing. Look at the homeless issue. Neglecting to build housing for the minimum wage earners has caused an absolute nightmare.

What better situatioln for the massahs on the hill. Now they will need to build housing for their slaves as they work the feilds. People who will never be able to afford their own land or own their own house, or aI dare say every have their own TVR, because now there will be no more. Now, these people will have a monopoly on the TVR market. Is that fair? Due Process? Equitable? Becasue local farmers followed the law, weren't greedy, and  didnd't build themselves a ten bedroom mansioin and charge 50 thousand dollars for a one week stay there, we should somehow be sympathetic, empathetic, and helpful to them. Why?  Will they be gifting the little laborers any land? Permanent housing? Nope. Because the farm worker housing bill does not allow for that. All of the housing-is temporary. Therefore showing the confidence in the farmers. Which is pretty much zero. If the council had beleived these were really farmers? They would have made the housing poermanent. But it is temporary in anticipation of the inevitable flipping of properties, or the IAL, which I can assure you will be downgrading almost all of these lands out of ag, thus making all of this a huge moot point.

FOr me, as for nmmany others we now know that the IAL process will be the biggest loophole possible for these people. It will be willy nilly happily downgrading perfectly salvageable and usable farm lands, by making the ludicruous claim that only plus 4 and 3 land should be considered important. Lesser soils should be downgraded. Don't beleive me? Just wait, until after the next 20 meetings they have. The criteria and rules they are to go by will convuolute the process and confuse those on the board, as it is meant to do. That is the first step. NEver allow complete copmprehensioin of anything. If people do actually start to comprehend these bills, then it needs to be ammended, the rules changed, or something thrown in there to slow down the process. This is what I have learned from the theatre that is Council Chambers. Expect the same with the IAL bill. It will take our of ag those lands where a lot of those mansions are sitting, trust me. Forever. Even if those lands could have been ammended, and planted. Is this sustainable? Is this what is known aws food security? Is this what a beautiful and countrified Kauai looks like? Or am I a bitter old jealous fool, just a ranting old middle aged woman who has failed to be prosperous and should now be seen as the laughingstock pathetic idiot desperately grasping at anything to shoot poisonous venom at those who have done much better then I have? Why don't I bow down? Why don't I aquiesce with some grace and dignity? Why must I parade myself and make a fool of myself defending the rights of the impoverished and diesenfranchised? Why can't I just shut up and resist the urge to attend these meetings, and put in my worthless two cents, while other people fdar more important then me must wait there turn! Why, ideed. WHy indeed.

For the massahs on the hill, the problem has come home to roost and nest, and fester. Now lets see if we can separate the theatre and the reality and come to some pergatory of normalicy and some sense of fairness and justice. Is it or will it ever be possible on this little unique island of Kauai?

And while the homeless can't find a home, and the public housing residents live in fdear that even though they have followed all the rules and paid their rents they may be tossed out onto the street to house the homeless that are currently on the street becasue we have not cared about providing housing for those who need to work for the rich, and the rich and wealthy have won the due process to stay in their homes and continue their american dream, while we struggle to prevent a nightmare form happening, the world continues to turn and Kauai right along with it. Will we spin into each other, and see each other for what we are? Will we be able to look into each others eyes and make a theraputic break through?

I for one am willing to keep trying. I have not put down my armour yet. I wil continue to try. I still have hope.

Do You?

gotta go. Pumpkin crunch is ready.

Another Public Housing Whitewash Article, and I will be calling up Shaun on Monday!

new ideas for public housing - Hawaii News - Staradvertiser.com

With the flurry of public debate, and my relentless fight to attempt to get someone to listen to the actual housing residents, it has been my biggest problem to find poeple willing to speak out. WHy? From the exact fear, you hear echoed in these and other articles. I for one do not fear speaking out. But many others do. Perhaps it is becasue on Kauai we have a very good management team here that is empathetic, takes calls about repair issues, fixes them promptly as best as they can, and the office staff is kind and considerate.

But in other parts of this state, that is obviousely NOT the case. When it comes to repairs, we, in our housing complex are currently awaiting a new sewer system to fix the one that has been backlogging and causing a horrible stench now for ovwer a year, backflowing into our yards. We have 2an entire building that is boarded up and uninhabitable, as well as another 2 bedroom unit. Since we only have 8 units here, it is very noticeable. We have heard that these units will be getting repaired soon. People have been here, looking at it, and we are hopeful that those units will soon have families in them, since the building has 2 four bedroom units and can accommodate 2 large families.

The plan to evict law abiding, rule following and good tenants is for one thing, more then likely unconstitutional, and as I continue my quest for an attorney to represent us should that happen for a class action lawsuit more then likely very expensive for the state. I plan on contacting Sean Donovan's office, hopefully my last name (maiden) might help since it is the same as his, and we can get some dialogue going on this.

Public housing is currently the ONLY permanent housing solution for Hawaii residents who sincerely cannot afford more then 30 percvent of their incomes. Besides some minimal county projects, this is it. So, if you evict people who have been there for years, because there IS NO OTHER OPTION, not because they are "lazy, and need a wake up call, and need to go back to the beach to wake themselves up", a more or less direct quote from the rogue Democrat Representative Cabanilla. you are asking for the state to potentially be paying out millions of dollars in legal fees and restitution to those possibly slated to be evicted.

This is trul;y the states negligence, the real estate industries greed, and the legislature and the governors short sightedness on the true housing issues in this state.

While they have waxed blossomed cheeked over their apperent "triumphs" of so called "affordable housing", and so called "gap housing" for the middle class, the truly suffering have really had no options. As I have said time and time again, these are single mothers with kids, who just can't make it out there in the housing market who need a roof over their kids heads, so they are following the rules, keeping their hyeads down and trying to be good tenants so they can stay year after year in order to raise their children.

As to any idiotic fools who think that anyone in housing gets a free ride, you have to pay rent to live in public housing, as well as pay utility costs as well. SO what in the heck are you talmking about? The general public seems blind to the fact that the residents of public housing are elderly, disabled, and the WORKING poor, many si9ngle parents. Where would you like them to go? On the streets? As a punishment for WHAT exactly? The crime of being elderly? The crime of being disabled? The crlime of being single, working poor parents of children? This is somehow a crime punishable by eviction? You want top put these people out on the sreet to put in the homeless that are on the street now? So they can liove there another 10 yhears or so, while you still WHINE about the homeless on the street? Does anyone else think this is ludicrous, preposterous, and also might I add unconstitutional and defendable in a court of law, where the outcome is state=0, evicted residents of public housing =one million per ?

Use your heads, and get a grip. Shaun, my freind, I got ya on speed dial. Talk to ya on Monday!!

My take on the Political Congressional Debates and the Democratic Party

I would never n a million years vote for Ed Case. He got his chance we sent him home. I am by no means a tow the line Dem, and I often have not seen Colleen as personable enough and I have had major issues with her speaking style. But to let Djou in the door would be like letting Lingle Lunacy continue.

SO what do I do as a Democrat? I personally don't care what the Oahu centralized polls say. I will go with Colleen. It wont split the votes enough, because the Republicans can't vote for Case. Essentially the conservative wing of the Democratic party will vote for him. Virtually every single former Republican who has switched to the Democratic party will vote for Case. The more liberal and progressive voters will vote with Colleen.

It will be very telling to see just how the Republicans have infiltrated and very successfully the Democratic Party.

Just look at our current Mayoral race. I once told everyone I knew, watch if in 2010 the Republicans do not run a Mayoral candidate. If they don't it proves that their stranglehold on the Mayors administration is extremely strong. So strong and confident and blatent about it that they have no need to even run a candidate. They already have one. The Mayor. He is a Democrat. See the picture yet? Our party needs a major purging, period.

I think our party needs an enormous wake up call in this state. We have cow towed and bent over for conservative values and ideas for far too long.

For me the biggest issue is former Republicans who change parties and waltz into public office. To me that is highly repugnant.

We need to send the Republicans in Democratic sheeps clothing back to the "Party of Me, the GOP" and get back to the core values of the Democratic party which is to fight for and support the real people of this country, and to truly believe in equality equity and civil rights.

No one who voted against civil unions, or who has voted in favor of bills for creating laws that discriminate against people should be in public office period. I will not be supporting any Democratic candidate who has voted against the civil, equal rights of anyone or been a party to creating laws and voting in favor of laws that discriminate.

Don't be surprised who steps forward in the next election cycle. You can take that anyway you want to.

I hope my party heard that loud and clear. We need to get back to the party of Kennedy in this state.
We need to walk our walk. We need to stop pretending to be Democrats and start voting like Democrats.

It is my opinion that a third party would be very good for this country. Although I myself would not switch, I feel that can go two ways. Extreme Liberalism, and extreme Conservatism. We may even get 2 strong independent parties that can jostle with each other. Who knows, with more strong political parties in this country we may see much better who is actually for what. It may pull votes from both parties but it may also strengthen both parties.

If the conservative Democrats were to leave the Democratic party, and the Liberal thinking Republicans, and the ultra right wing militants were to leave the Republican party, you might actually see the two parties revamp themselves into a more purer form of what each party actually is supposed to represent.

To me, that can only enrich the political landscape. For me as a Democrat I would feel much better as well as I feel the quality of candidates would improve and confusing rhetoric would be lessoned. I believe strongly in the real Democratic party and I hope one day to see it return to its pure form.

HOUSING DISCRIMINATION METING NO MENTION OF OUR COALITION-LETTER TO THE GI

The coverage on the Discrimination in Housing meeting., in what I am sure was an unintentional oversight by the Garden Island Newspaper that our coalition was not mentioned. We worked for over a year to get a bill drafted, passed, a coalition formed, hold meetings, gather evidence, and garner support for a bill that would have prevented Housing Discrimination in advertising.

Our coalition started with 2 members. Myself and my daughter. We combed 9 months of newspaper advertisements on Kauai showing blatent discrimination in housing. So blatent that many ads actually said “No HUD allowed.”. We made cold calls to people that put that in their advertisements, pretending to be different people. They made numerous statements of a clearly discriminatory nature. Many were racially motivated against local people. Many were discriminatory against women with children, the elderly and the handicapped. In particularly those on Social security. Some of the statements were beyond disgusting and very incindiary. We recorded the conversations by hand, and wrote out the scripts exactly as they occurred. We presented these scripts to politicians and others to explain what we had discovered and uncovered. I began to get other people that I knew in politics involved.

We held meetings, we talked on the radio about it and the Garden Island did help us out a lot in getting our fight into the paper. We had the support of the ACLU, the Legal Aid Society, OHA, shelters on Oahu, groups from all over Kauai and the state. We had support from congress, with Neil Ambercrombie writing us a letter of support on Congressional letterhead.

We had the support of Mina Morita who introduced the companion bill in the house. We also had the support of James Tokioka and Roland Sagum/ We had the support of three freshman councilmembers at the time, Lani Kawahara, and Dickie Chang. Derek Kawakami, and also from incumbant Tim Bynum. We had support from private citizens, and citizens groups.

My daughter, my neighbor who I recruited, and Joann Yukimura traveled to Oahu to fight for the Bill that Gary Hooser drafted, and introduced and I helped to write. I had meetings with the County Housing department.

Once I started meeting with the Housing department I started meeting major resistance to the bill. I was involved in a private meeting in council chambers, at which Dickie Chang, Jay Furfaro, The Heard of the Board of Realtors and the County Housing Department attended.

All were against the bill. They wanted to take out essentially the heart of the bill. My coalition would not back down . We knew that if the guts got ripped out of the bill, we wouldn't have anything. Councilmembers Jay Furfaro, The Kauai Board of Realtors Representative and the County Housing Agency would not support the bill. Our own housing agency actually wrote a letter against the bill.

Other housing agencies also either did not comment on the bill or wuld not support it. The State of Hawaii Board of Realotors went against the bill. The legislature passed it on to third reading with major changed that also ripped out the heart of the bill where it died and was not heard. The bill was defeated

My efforts at the County Council to propose a bill for Kauai the exact same bill proposed for the State Legislature and drafted to suit Kauai went no where. I could not even get on the agenda to discuss the issue. When I met in council chambers, I told everyone at that table this was a Federal violation. I told them the bill was written on solid law. I told them that eventually this woyld all come to a head, and come back to bite them eventually. I told them that people would eventually start filing lawsuits..

Unknown to them I had made many phone calls to the Federal Government Housing Agency, and lodged complaints as well. I encouraged people to phone in their complaints to Legal Aid. I tried to inform people with public meetings oh what their rights were. I would like to state that we are extremely grateful for the courage and tenacity of Legal Aid on this iissue and are grateful for their support of our efforts for the failed bill.

These efforts that we did, should be acknowledged for their merits. Many people put their neck on the line to support what myself and many others tried to do. Others stuck their heads in the sand.

Our coalition is still very active, and it is our clear intent to have the bill reintroduced after the Gubernatorial elections. We are currently staying on top of State Public Housing changes that we feel are extremely discriminatory. I did not attend the meeting on Friday because I have been ill. But to see that the Federal Representative finally told everyone what myself and our coalition had told them long before gave me a sense of accomplishment.

Now when our coalition says something perhaps people should pay a lot closer attention. And the housing agency in this state would do well to remember that our coalition is strong and still actively in this fight. I am very pleased with the tone of this meeting. Because it sheds a clear light on everything that we brought forth and fought for. I just want to thank everyone who helped myself and the supporters of our coalition. We are not done yet. We need to get this law passed in the legislature. Thank you for remembering us and our hard work.

Sincerely

Anne Punohu

Kauai Fair Housing Law Coalition

HERE IS THE BILL:

THE SENATE
TWENTY-FIFTH LEGISLATURE, 2009
STATE OF HAWAII
JAN 23 1009
S.B. NO. tI~~
A BILL FOR AN ACT
RELATING TO DISCRIMINATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that low-income
2 individuals have an extremely difficult time finding affordable
3 rentals in Hawaii. This situation is made more frustrating when
4 housing vacancy advertisements discourage people from applying
5 by advertising "no section 8 accepted". At this time, in the
6 State of Hawaii, the law does not prohibit discrimination based
7 on lawful source of income. However, thirteen other states,
8 including California and Oregon, have prohibited this type of
9 income discrimination. Renters who participate in government
10 assistance programs, such as Housing Choice Vouchers, also known
11 as, section 8, should have an equal opportunity to find housing.
12 The purpose of this Act is to prohibit discrimination based
13 on lawful source of income in real estate transactions,
14 including advertising available rental units.
15 SECTION 2. Section 515-2, Hawaii Revised Statutes, is
16 amended by adding a new definition to be appropriately inserted
17 and to read as follows:
2009-0451 SB SMA-l.doc

1 ""Source of income" means any lawful source of money paid
2 directly or indirectly to a renter or buyer of housing,
3 inc 1 uding :
4 (1) Any lawful profession or occupation;
5 (2) Any government or private assistance, grant, loan, or
6 rental assistance program, including low-income
7 housing assistance certificates and vouchers under the
8 United States Housing Act of 1937, as amended;
9 (3) Any gift, inheritance, pension, annuity, alimony,
10 child support, or other consideration or benefit; and
11 (4) Any sale or pledge of property or interest in
12 property. "
13 SECTION 3. Section 515-3, Hawaii Revised Statutes, is
14 amended to read as follows:
15 "§SlS-3 Discriminatory practices. It is a discriminatory
16 practice for an owner or any other person engaging in a real
17 estate transaction, or for a real estate broker or salesperson,
18 because of race, sex, including gender identity or expression,
19 sexual orientation, color, religion, marital status, familial
20 status, ancestry, disability, age, source of income, or human
21 immunodeficiency virus infection:
2009-0451 SB SMA-l.doc

Page 3 S.B. NO. ~"G.
1 (1 ) To refuse to engage in a real estate transaction with
2 a person;
3 (2) To discriminate against a person in the terms,
4 conditions, or privileges of a real estate transaction
5 or in the furnishing of facilities or services in
6 connection therewith;
7 (3) To refuse to receive or to fail to transmit a bona
8 fide offer to engage in a real estate transaction from
9 a person;
10 (4 ) To refuse to negotiate for a real estate transaction
11 with a person;
12 (5 ) To represent to a person that real property is not
13 available for inspection, sale, rental, or lease when
14 in fact it is available, or to fail to bring a
15 property listing to the person's attention, or to
16 refuse to permit the person to inspect real property,
17 or to steer a person seeking to engage in a real
18 estate transaction;
19 (6 ) To print, circulate, post, or mail, or cause to be
20 published a statement, advertisement, or sign, or to
21 use a form of application for a real estate
22 transaction, or to make a record or inquiry in
2009-0451 SB SMA-l.doc

1 connection with a prospective real estate transaction,
2 that indicates, directly or indirectly, an intent to
3 make a limitation, specification, or discrimination
4 with respect thereto;
5 (7 ) To offer, solicit, accept, use, or retain a listing of
6 real property with the understanding that a person may
7 be discriminated against in a real estate transaction
8 or in the furnishing of facilities or services in
9 connection therewith;
10 (8 ) To refuse to engage in a real estate transaction with
11 a person or to deny equal opportunity to use and enjoy
12 a housing accommodation due to a disability because
13 the person uses the services of a guide dog, signal
14 dog, or service animal; provided that reasonable
15 restrictions or prohibitions may be imposed regarding
16 excessive noise or other problems caused by those
17 animals. For the purposes of this paragraph:
18 IIBlind ll shall be as defined in section 235-1;
19 IIDeaf ll shall be as defined in section 235-1;
20 IIGuide dog ll means any dog individually trained by
21 a licensed guide dog trainer for guiding a blind
2009-0451 SB SMA-l.doc

Page 5 S.B. NO.
1 person by means of a harness attached to the dog and a
2 rigid handle grasped by the personj
3 "Reasonable restriction" shall not include any
4 restriction that allows any owner or person to refuse
5 to negotiate or refuse to engage in a real estate
6 transactionj provided that as used in this paragraph:
7 the "reasonableness" of a restriction shall be
8 examined by giving due consideration to the needs of a
9 reasonable prudent person in the same or similar
10 circumstances. Depending on the circumstances, a
11 "reasonable restriction" may require the owner of the
12 service animal, guide dog, or signal dog to comply
13 with one or more of the following:
14 (A) Observe applicable laws including leash laws and
15 pick-up lawsj
16 (B) Assume responsibility for damage caused by the
17 dogj or
18 ( C) Have the housing unit cleaned upon vacating by
19 fumigation, deodorizing, professional carpet
20 cleaning, or other method appropriate under the
21 circumstances.
2009-0451 SB SMA-l.doc

Page 6 S.B. NO.
1 The foregoing list is illustrative only, and neither
2 exhaustive nor mandatorYi
3 "Service animal" means any animal that is trained
4 to provide those life activities limited by the
5 disability of the personi
6 "Signal dog" means any dog that is trained to
7 alert a deaf person to intruders or soundsi
8 (9 ) To solicit or require as a condition of engaging in a
9 real estate transaction that the buyer, renter, or
10 lessee be tested for human immunodeficiency virus
11 infection, the causative agent of acquired
12 immunodeficiency syndromei
13 (10) To refuse to permit, at the expense of a person with a
14 disability, reasonable modifications to existing
15 premises occupied or to be occupied by the person if
16 modifications may be necessary to afford the person
17 full enjoyment of the premises. A real estate broker
18 or salesperson, where it is reasonable to do so, may
19 condition permission for a modification on the person
20 agreeing to restore the interior of the premises to
21 the condition that existed before the modification,
22 reasonable wear and tear exceptedi
2009-0451 SB SMA-l.doc
(11) To refuse to make reasonable accommodations in rules,
2 policies, practices, or services, when the
3 accommodations may be necessary to afford a person
4 with a disability equal opportunity to use and enjoy a
5 housing accommodation;
6 (12) In connection with the design and construction of
7 covered multifamily housing accommodations for first
8 occupancy after March 13, 1991, to fail to design and
9 construct housing accommodations in [SB€fi] a manner
10 that:
11 (A) The housing accommodations have at least one
12 accessible entrance, unless it is impractical to
13 do so because of the terrain or unusual
14 characteristics of the site; and
15 (B) with respect to housing accommodations with an
16 accessible building entrance:
17 (i) The public use and common use portions of
18 the housing accommodations are accessible to
19 and usable by disabled persons;
20 (ii) Doors allow passage by persons in
21 wheelchairs; and
2009-0451 SB SMA-l.doc
Page 8 S.B. NO.
1 (iii) All premises within covered multifamily
2 housing accommodations contain an accessible
3 route into and through the housing
4 accommodationsi light switches, electrical
5 outlets, thermostats, and other
6 environmental controls are in accessible
7 locationsi reinforcements in the bathroom
8 walls allow installation of grab barsi and
9 kitchens and bathrooms are accessible by
10 wheelchairi or
11 (13) To discriminate against or deny a person access to, or
12 membership or participation in any multiple listing
13 service, real estate broker's organization, or other
14 service, organization, or facility involved either
15 directly or indirectly in real estate transactions, or
16 to discriminate against any person in the terms or
17 conditions of [SBefi] access, membership, or
18 participation."
19 SECTION 4. Section 515-4, Hawaii Revised Statutes, is
20 amended to read as follows:
21 1I§51S-4 Exemptions. (a) Section 515-3 does not apply:
2009-0451 SB SMA-1.doc

Page 9 S.B. NO.
1 (1) To the rental of a housing accommodation in a building
2 which contains housing accommodations for not more
3 than two families living independently of each other
4 if the lessor resides in one of the housing
5 accommodations; or
6 (2) To the rental of a room or up to four rooms in a
7 housing accommodation by an individual if the
8 individual resides therein.
9 (b) Nothing in section 515-3 shall be deemed to prohibit
10 refusal, because of sex, including gender identity or
11 expression, sexual orientation, or marital status, to rent or
12 lease housing accommodations:
13 (1) Owned or operated by a religious institution and used
14 for church purposes as that term is used in applying
15 exemptions for real property taxes; or
16 (2) Which are part of a religiously affiliated institution
17 of higher education housing program which is operated
18 on property that the institution owns or controls, or
19 which is operated for its students pursuant to Title
20 IX of the Higher Education Act of 1972.
2009-0451 SB SMA-1.doc

1 (c) Nothing in this chapter regarding familial status or
2 age shall apply to housing for older persons as defined by 42
3 United States Code section 3607(b) (2).
4 (d) Nothing in section 515-3 shall be deemed to prohibit a
5 person from determining the ability of a potential buyer or
6 renter to pay a purchase price or rent by:
7 (1) Verifying, in a commercially reasonable manner, the
8 source and amount of income of the potential buyer or
9 renter; or
10 (2) Evaluating, in a commercially reasonable manner, the
11 stability, security, and credit worthiness of the
12 potential buyer or renter or any source of income of
13 the potential buyer or renter.
14 (e) The prohibition against discrimination based on source
15 of income shall not prevent a person from refusing to consider
16 income derived from any criminal acti vi ty. "
17 SECTION 5. Section 515-5, Hawaii Revised Statutes, is
18 amended to read as follows:
19 n§515-5 Discriminatory financial practices. It is a
20 discriminatory practice for a person, a representative of [SBefi]
21 ~ person, or a real estate broker or salesperson, to whom an
22 inquiry or application is made for financial assistance in
2009-0451 SB SMA-l.doc

Page 11 S.B. NO.
1 connection with a real estate transaction or for the
2 construction, rehabilitation, repair, maintenance, or
3 improvement of real property, because of race, sex, including
4 gender identity or expression, sexual orientation, color,
5 religion, marital status, familial status, ancestry, disability,
6 age, source of income, or human immunodeficiency virus
7 infection:
8 (1 ) To discriminate against the applicant;
9 (2 ) To use a form of application for financial assistance
10 or to make or keep a record or inquiry in connection
11 with applications for financial assistance that
12 indicates, directly or indirectly, an intent to make a
13 limitation, specification, or discrimination unless
14 the records are required by federal law;
15 (3) To discriminate in the making or purchasing of loans
16 or the provision of other financial assistance for
17 purchasing, constructing, improving, repairing, or
18 maintaining a dwelling, or the making or purchasing of
19 loans or the provision of other financial assistance
20 secured by residential real estate; or
21 (4 ) To discriminate in the selling, brokering, or
22 appraising of residential real property."
2009-0451 SB SMA-l.doc

Page 12 S.B. NO.
1 SECTION 6. Section 515-6, Hawaii Revised Statutes, is
2 amended by amending subsections (a) and (b) to read as follows:
3 "(a) Every provision in an oral agreement or a written
4 instrument relating to real property that purports to forbid or
5 restrict the conveyance, encumbrance, occupancy, or lease
6 thereof to individuals because of race, sex, including gender
7 identity or expression, sexual orientation, color, religion,
8 marital status, familial status, ancestry, disability, age,
9 source of income, or human immunodeficiency virus infection, is
10 void.
11 (b) Every condition, restriction, or prohibition,
12 including a right of entry or possibility of reverter, that
13 directly or indirectly limits the use or occupancy of real
14 property on the basis of race, sex, including gender identity or
15 expression, sexual orientation, color, religion, marital status,
16 familial status, ancestry, disability, age, source of income, or
17 human immunodeficiency virus infection is void, except a
18 limitation, on the basis of religion, on the use of real
19 property held by a religious institution or organization or by a
20 religious or charitable organization operated, supervised, or
21 controlled by a religious institution or organization, and used
22 for religious or chari table purposes."
2009-0451 SB SMA-l.doc

Page 13 S.B. NO. 4~~
1 SECTION 7. Section 515-7, Hawaii Revised Statutes, is
2 amended to read as follows:
3 1I§515-7 Blockbusting. It is a discriminatory practice for
4 a person, representative of a person, or a real estate broker or
5 salesperson, for the purpose of inducing a real estate
6 transaction from which the person, representative, or real
7 estate broker or salesperson may benefit financially, because of
8 race, sex, including gender identity or expression, sexual
9 orientation, color, religion, marital status, familial status,
10 ancestry, disability, age, source of income, or human
11 immunodeficiency virus infection:
12 (1 ) To represent that a change has occurred or will or may
13 occur in the composition of the owners or occupants in
14 the block, neighborhood, or area in which the real
15 property is located; or
16 (2 ) To represent that this change will or may result in
17 the lowering of property values, an increase in
18 criminal or antisocial behavior, or a decline in the
19 quality of schools in the block, neighborhood, or area
20 in which the real property is located."
21 SECTION 8. Section 515-16, Hawaii Revised Statutes, is
22 amended to read as follows:
2009-0451 SB SMA-l.doc
Page 14 S.B. NO.
1 "§515-16 Other discriminatory practices. It is a
2 discriminatory practice for a person, or for two or more persons
3 to conspire:
4 (1 ) To retaliate, threaten, or discriminate against a
5 person because of the exercise or enjoyment of any
6 right granted or protected by this chapter, or because
7 the person has opposed a discriminatory practice, or
8 because the person has made a charge, filed a
9 complaint, testified, assisted, or participated in an
10 investigation, proceeding, or hearing under this
11 chapteri
12 (2) To aid, abet, incite, or coerce a person to engage in
13 a discriminatory practicei
14 (3 ) To interfere with any person in the exercise or
15 enjoyment of any right granted or protected by this
16 chapter or with the performance of a duty or the
17 exercise of a power by the commissioni
18 (4 ) To obstruct or prevent a person from complying with
19 this chapter or an order issued thereunderi
20 (5) To intimidate or threaten any person engaging in
21 activities designed to make other persons aware of, or
2009-0451 SB SMA-l.doc

Page 15 S.B. NO.
1 encouraging [SB€fi] other persons to exercise rights
2 granted or protected by this chapteri or
3 (6 ) To threaten, intimidate or interfere with persons in
4 their enjoyment of a housing accommodation because of
5 the race, sex, color, religion, marital status,
6 familial status, ancestry, disability, age, source of
7 income, or human immunodeficiency virus infection of
8 [SB€fi] the persons, or of visitors or associates of
9 [SB€fi] the persons."
10 SECTION 9. Statutory material to be repealed is bracketed
11 and stricken. New statutory material is underscored.
12 SECTION 10. This Act shall take effect upon its approval.
13
INTRODUCED BY:
2009-0451 SB SMA-I.doc
S.B. NO. C, S-'
Report Title:
Discrimination in Real Property Transactions; Source of Income
Description:
Prohibits discrimination in real property transactions based on
lawful source of income.
2009-0451 SB SMA-l.doc

MERRIE MONARCH: IS THERE TOO MUCH SMILING DURING KAHIKO, WHERE HAVE THE SYMBOLS GONE?

PHOTOS COURTESY OF THE HONOLULU ADVERTISER

Is there too much smiling during Kahiko performances amung the women?
A resounding YES!! It seems the men were encouraged to keep up[ a serious air, while the women have been increasingly giddy while performing the sacred Kahiko. Everybody gives the same excuse. Oh your just so excited its such a rush when the audience is screaming and yelling, sometimes with the meanings its hard not to smile, ect., ect.,

Now before you people start calling me a no nothing armchair quarterback, let me just inform you that although I have never been able to go physically to a merrie monarch hula competition, I have been a hula dancer and chanter for over 35 years. I first danced hula on a stage at age 12. I am a traditional hula chanter, and a kumu in my own right although I do not have a known halau. My halau follows the old ways. Those whom I teach I each in private for free without charge and without public performances. I teach a religion not a public spectacle for the enjoyment of the tourists.

I hve been critiquing the MMHF since it was first aired on TV and those of us on Kauai were able to watch it. Over the years I have seen it essentially going down the tubes. It has become a commercial tourist extravaganza with younger and younger papered or "palapala" kumus coming to the forefront. Those of Native Hawaiian ancestry are becoming fewer and fewer amung the ranks of the halaus.  You see a huge influx of caucasion, asian and filipino dancers now being the majority in all halaus.

Now you are going to say hey your a racist hula is for everyone, bla bla bla. Yeah, but like everything the Hawaiians, and Polynesians begin, everyone else has to do them one better. Just like outrigger canoing, and surfing. Everybody does it now. Hula is now the same.

With its glut of fake kumus who took a few lessons from some papered kumu now flooding the world with their cheesy versians of what Hawaiian Culture is. OK now there are going to be those of you squaking: Hey your just jealous becasue your not papersed! You never unikie'd! You are half white! AND YOU ARE NOT EVEN HAWAIIAN SO SHUT UP!!  blah blah bhlah!!. Ok lemme answer that. Yes, I DID uniki,. long before someone came and cut down  all the vegetation so that Kee heiau could be seen. It had been hidden for decades on purpose. Im may be part Native American but like I said, I was orpaned at 12 years old and hanaid. The REAL hanai, not the  u come for christmas and thanksgiving kind.Then of course the idea to reopen it for everyone to come and uniki and all the halaus to come, ect. As long as you put down the la'i, and danced with your halau you were considered unikied.

Hey man thats not how ke'e WORKS.

To uniki is a PRIVATE, and INDIVIDUAL thing. Further, not even the GREAT Iulani Luahine OR Auntie Nona Beamer was able to uniki at Ke'e. Are all those little high school kids and their paper kumus telling me they were better then THEY were? That 20 poeple can be louder than the wind and surf I agree. But can each one of them pass the old test?

I used to go once a year, with a freind, or hanai relative. I would make the trip up to Ke'e quietly without fanfare. I would cleanse, do all of the rituals, and we would go before dawn. I would ascend to kee and chant by myself. I went in the winter not in the summer, so the elements would be loud. WInd, high surf. Some years it was nearly impossible to get up there, and some years i thought the wind would knock me down. But, when I was able to physically i would go and do it.

I only brought one witness. They didnt even have to know about hula. Sometimes i even brought a tourist or two. All they had rto do was one thing. Tell me if they could hear my words clearly from the beach at Kee by the old trees. If they said yes, I knew I had yet again passed, and i continued to dance and chant.

I have failed this test a few times.  In those years I NEVER DANCED OR CHANTED.But I will say that in the last 35 years I have failed maybe 5 times. Thats pretty good odds. However I have missed the last 2 years, because of my health. SO I am unsure wether i still have the right to dance or chant. BUT this is following the CORRECT way.

A pecve of paper can NEVER make u a kumu. EVER. That idea was started in the modern era. It does have its goodthings about it. A haumana who has studied 10 or 20 years, I beleive DOES have the right to call themselves a kumu. HOWEVER, I beleive that age is an important factor. Young kumus may have new ideas, but they lack the knowlege of experiencing the gods. You dont get to have that knowlege enough in your youth. IN my opinion a Kumu should NEVER be under the ago of 35 oe 40 years old.

If you really take that to its farthest conclusion I actually beleive you should be a kupuna before you begin to teach. Many would say thats ridiculous. You would not have time to teach a haipo. I dissagree. That may be for a commercial halau, but not for a traditional one. The eldest child, or the second eldest if the oldest shows no talent, or your hanai, should have been being trained by you in private all along, and ready to assume leadership. Kumus tratitionally have long life expectations. This is becasue REAL kumus do not ussually engage in alchohol, cigarettes or drugs, although many modern kumus do. Even Iolani Luahine was a famous drinker, although she was a sacred kahiko dancer, NEVER SMILED, and was purely POSESSED when she danced.. But during hula, or teaching this is strictly kapu. SO in the end, much less bad habits amung the kumus then acverage helps to prolong life as well as the rigors of hula.

Now I am not against paper halaus. I just dont beleive they should turn into Kumu mills, where if you spoend x amount of dollars, take x amount of clasases, and techhniclly pass everything, and you umiki in some public ceremony, which was never supposed to be public however, that you get your palapala and now you can teach. BUT what is your experience, on your own? what is YOUR style? who are your kino laus? what gods and godesses will you follow? You may have a church given hula name, but who are you really?

Ok what does this have to dfo with SMILING at the merrie monarch? P:ENTY!!! Modern paper halau Kumus allow students to smile. They are not following a religion. They are PERFORMING. Hula Kahiko is a RELIGION. It is poart of a RELIGIOUS practice SACRED to the gods. You dont smile. You become the gods, and the godesses much like voodoo in haiti, although different as well. There is nothing in this practice to show you are HERE in this mopdern world. You are SUPPOPSED to be gone. transfixed and POSESSED of the God or Godess you are SUPPOSED to be posessed by. Not smiling like you are in some hula show, sweetly and dem,urely, and all coherent and  whatever. THAT IS NOT KAHIKO!!

I can remember the arguments about smile or not to smile. The rules in MMHF were changed to allow smiling. Many of us were appalled. If a halau smiles and is NOT attentive top the God or Godess they are too me honoring I COMPLETELY mark them off my list asa a good halau, and the kumu to a paper kumu only.

Now here is ANOTHER pet peeve of mine. The halaus have become to PLAIN!!!! The material, devoid of symbolism, the skin, devoid of symbolism, all traces of the ancient meanings gone. Some halaus do better with the traditional pau then others, some at least make an attempt, and the men especially seem to be allowed more traditional roles then the womne. Which is a completel fallacy because women had their own heiaus, and their own sacred ceremonies which were completely kapu to men, including dances and mele and oli.

The fact is that the polynesian dance has ALWAYS been one of symbols. Tatoos, markings on the clothing, ect. In some years of the MMHF this has been popular, but as I said, the MMHF has become a populist tourist attraction. Tourists want to see pretty thin girls in flowers, and pretty church like dresses smiling sweetly and being flirty, while they want to see muscled warriors greased up and looking like warriors shouting and whooping. This is what Kahiko, the most sacred religious observance of the people has turned into.

Now dont get me wrong. We are looking at the Merrie Monarch period here. We are looking at the Kalakaua period with its western influence. But the kings idea was to bring back traditional observances. If you will notice at his coronation, dancers did NOT smile, they were NOT young, and there WAS symbolism. All too often, the merrie monarch has become a dance of high school kids, with the older members delegated to the back row, instead of up front where they belonged.

There is a famous woodcut from the 18 century showing a halau block of maybe 30 women, the hair all short and limed in front, tattoed and topless performing. TO those who dfo NOT know, these women were NOT YOUNG. Hair was cut after a certain age, and the fashion was to lime it around the edges. These women w90uld have all been older, not young girls. And they were tattoed even on thier faces.

ANOTHER pet peeve of mine is short western hair for the men. Traditional dancers had LONG HAIR, not short cropped Mormon missionarry hair. NOR did they wear womens style lei poo. I am sick of all the men looking so squeeky clean Mormon missionarry style. I would prefer to see some real warriors out tthere. Also I would like to see more lua movements in Kahuiko for the men, as that was what the male kahiko was composed of. Enough with the flowery stuff. I will also say I am impressed with the womens lua movements however they are not performing their own traditional religious movements. Of course they would probably shock the audience so I suppose they cant be allowed to move out of their missionarry looking poerformances. However the men seem allowed to do their movements to no shock of the audience. I teach my women traditional ma'i. The movements are not pretty and graceful. They are what they are, honoring the female godesses, of which there are aqt least 20 thousand. Thats another thing. Honour some other gods and godesses besides the main ones. There are thousands. FInd some of them. Much has been lost, but much can be regained.

Lets return Merrie Monarch to what it is supposed to be, shall we? Or not.  Well thats my rant. You can pick it apart, and pull it to shreds, and call it jealousy, sour grapes, or just chalk me up to a crazy half white lady who is old and embittered and a gfftaud and has no idea what I am talking about. But those of you who know I know exactly what im talking about will probably be in complete agreement. And it sure feels good to get that all out!!

Now its time to watch Auana night. Of which I have no complaints, since its a free for all. In my opinion save the smiling for Auana night, and get back in touch with the gods on Kahiko nite, thats all. And QUIT SMILING.