Posted on: Sunday, September 7, 2003

OHA photograph prompts lawsuit

Advertiser Staff

A Hawaiian activist who opposes the Akaka bill for federal recognition has sued the Office of Hawaiian Affairs for using his photo in a brochure promoting the proposal.

Harry Fergerstrom of Pahoa said he was photographed wearing a traditional malo and carrying a walking stick Jan. 14 as part of a weeklong observance of the anniversary of the monarchy's overthrow.

OHA administrator Clyde Namu'o said staffers apologized and destroyed undistributed brochures when they heard Fergerstrom's objection. The photo was selected because it provided a Hawaiian "icon," not because of Fergerstrom's political position, he said.

Fergerstrom's Circuit Court suit alleges defamation and invasion of privacy and asks for $320 million.