Posted at 4:10 p.m., Thursday, July 12, 2001

Judge rejects challenge of OHA, Hawaiian Homes

By Yasmin Anwar
Advertiser Staff Writer

U.S. District Chief Judge David Ezra today dismissed a federal lawsuit challenging the constitutionality of the Office of Hawaiian Affairs and the Hawaiian Homes Commission.

OHA lawyers successfully argued that Barrett did not apply adequately or in time for OHA benefits to have legal standing to press his lawsuit, because he did not suffer any "injury in fact." Barrett made an initial application for a business start-up loan from OHA, Judge Ezra's decision noted, but OHA returned his application, asking for additional information, and Barrett never completed the form, or prepared a business plan.

Representatives from OHA and the Department of Hawaiian Home Lands applauded the judge's decision to dismiss the action, which they had joined in opposing.

Mo'ili'ili resident Patrick Barrett filed the lawsuit contending that OHA and the Hawaiian Homes Commission violate the U.S. Constitution by limiting benefits only to Hawaiians, in violation of the Equal Protection Clause of the 14th Amendment. His lawyers vowed to appeal Ezra's decision to the 9th U.S. Circuit Court of Appeals, and to file another lawsuit challenging OHA's constitutionality if necessary.

Ezra's ruling, issued in a 30-page opinion, was limited to whether Barrett had legal standing and did not cover the merits of his lawsuit.