Judge reinstates U.S. role in lawsuit

By Vicki Viotti
Advertiser Staff Writer

A federal judge has postponed a hearing tomorrow on some of the points in the controversial Arakaki lawsuit challenging Hawaiians-only entitlements, deciding instead to reinstate the federal government as a party in the case.

U.S. District Judge Susan Oki Mollway issued the reinstatement in the wake of Tuesday's U.S. 9th Circuit Court of Appeals decision that indicates the federal government should be a party in constitutional challenges to programs benefitting only Hawaiians.

Mollway is presiding over a lawsuit filed by 17 people, including Earl Arakaki, that questions the constitutionality of spending state and federal tax dollars on Hawaiians-only programs, including the state Department of Hawaiian Homelands and the Office of Hawaiian Affairs.

The Tuesday ruling by the federal appeals court in a similar court challenge upheld earlier findings that the plaintiffs, Patrick Barrett and John Carroll, lacked legal standing. Part of that decision was based on Barrett's failure to name the federal government in his suit.

Mollway will set a new timetable for the case in a conference at 9 a.m. tomorrow.

Friday's development will not affect plans for the Hawaiian solidarity march and rally set for today in Waikiki, said Haunani Apoliona, who chairs the OHA board of trustees.

Reach Vicki Viotti at vviotti@honoluluadvertiser.com or 525-8053.