By Yasmin Anwar
Advertiser Staff Writer
A hearing on Honolulu resident Patrick Barrett’s request that a federal judge halt operations at the Office of Hawaiian Affairs and the state Department of Hawaiian Home Lands until trial has been delayed until May 2.
Barrett’s request was to be heard March 12. But at a closed status conference yesterday, U.S. District Judge David Ezra agreed to push the date back.
"I think [Ezra] wants to be well prepared for the issues," said attorney Robert Klein, a former Hawai‘i Supreme Court Justice who is representing the state Council of Hawaiian Homestead Associations in the case known as Barrett v. State of Hawai‘i.
John Goemans, one of the two attorneys representing Barrett, said he hoped the hearing would not be postponed further. "Justice delayed is justice denied," he said.
Barrett filed suit last October challenging the constitutionality of Article 12 of the state constitution. The law created OHA, adopted the Hawaiian Homes Commission Act and laid the foundation for native gathering rights on private property.
Barrett’s suit contends those programs and entitlements violate the 14th Amendment’s guarantee of equal protection under the law for all citizens, because they discriminate against non-Hawaiians.
Also joined in the case is Big Island lawyer John Carroll, a former Republican state senator who contends that OHA money is used for racially discriminatory purposes. Carroll said this week that he is considering dropping his lawsuit to pursue legislative alternatives.
At yesterday’s conference his attorney, Paul Hicks, said his client had not indicated that he wanted to withdraw his suit. Hicks suggested that Carroll might be feeling intimidated by death threats.
But from his home on the Big Island, Carroll said, "I am considering withdrawing the suit, and it’s got nothing to do with threats."
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