A court ruling yesterday that clears the way for an anti-rail ordinance to appear on the November ballot likely will renew debate on Honolulu mass transit alternatives.

"The public can begin to pay more serious attention to the rail issue because they know a vote is coming up," said Dennis Callan, co-chairman of Stop Rail Now, the group that collected 49,041 signatures to put the issue on the ballot. "Our job now is to educate the public to the alternatives, which we feel are far superior."

Having the rail issue on the ballot is likely to spur a marketing blitz for and against the $3.7 billion elevated commuter rail project.

The city is moving forward with plans to build the train's first segment by 2012, and supporters have spent more than $1 million advocating it.

Stop Rail Now's petition was rejected earlier this month when the city clerk said it was delivered too late to make the November election.

The group sued the city, and yesterday Circuit Court Judge Karl Sakamoto ordered the city to process the petition.

"The voice of the people should not be suffocated by the erroneous readings of the law by its own government," Sakamoto said.

Sakamoto said the city Charter allows the group's ordinance to appear on the November ballot if the petition contains enough valid signatures.

The Stop Rail Now ballot issue reads: "Honolulu mass transit shall not include trains or rail."

Stop Rail Now favors alternatives to rail, such an elevated, high-occupancy highway.

Sakamoto's ruling was a major victory for anti-rail groups. However, Stop Rail Now may face more legal hurdles.

The signatures must be validated, and there may be a dispute over just how many signatures Stop Rail Now needs to get on the November ballot.

Don Kitaoka, deputy corporation council for the city, said the group will need valid signatures of at least 44,525 registered voters. Stop Rail Now claims it only needs about 30,000.

"We'll probably be in court several more times before this is all over," said Stop Rail Now backer Cliff Slater.

Stop Rail Now officially delivered its petition, which filled nine cardboard boxes, to the clerk's office at Honolulu Hale at 3:15 p.m. yesterday. City Clerk Denise De Costa, who had rejected the petition on Aug. 4, accepted the petition.

"You're back," she told Stop Rail Now representatives. "I'm happy for you ... that you're going to get your question processed and hopefully get it on the ballot."

The clerk's office then immediately began notarizing about 11,000 pages of signatures.

NO FINAL RULING YET

Mayor Mufi Hannemann hopes to start construction on the 20-mile elevated commuter rail project in late 2009 or early 2010. The project is expected to cost an inflation-adjusted $5 billion and take nearly a decade to complete all phases.

Sakamoto did not give a final ruling on the case but granted Stop Rail Now's request for a preliminary injunction against the city, which means the city must proceed with validating the petition.

It was undecided yesterday whether the city would appeal the ruling, said Kitaoka, the deputy counsel for the city.

"We need to make decisions as to whether we're going to appeal this or continue on with the case through trial," he said. "At this point, we accept the ruling."

The city argued that Stop Rail Now's petition could not be placed on the November ballot because it specifically asked for a special election. By asking for special election, Stop Rail Now was attempting to get on the November ballot by gathering fewer signatures than if they had asked to be on the general election ballot.

Kitaoka characterized that as a "back door" attempt to get the issue voted on in November.

Stop Rail Now attorney Earle Partington said the city Charter clearly favored Stop Rail Now's position.

"The language is very clear," he said. "I have to admit this is not the hardest case I've ever had."

Stop Rail Now argues the public has a right to vote on whether the city should proceed with the transit project, which would be the largest public works project in state history. Other plaintiffs in the lawsuit include the League of Women Voters, Honolulutraf fic.com and state Sen. Sam Slom, R-8th (Kahala, Hawai'i Kai).

VOTERS MAY DECIDE

Stop Rail Now launched its petition drive April 21 with the goal of gathering 40,000 signatures.

Just how Stop Rail Now's anti-rail ordinance would fare at the polls remains to be seen. According to the recent Hawai'i Poll, which was conducted by Ward Research Inc. for The Honolulu Advertiser and KGMB9, more than three-fourths of the respondents said the electorate should get to vote on rail. Nearly two-thirds said they would cast their ballot in favor of rail.

The court ruling yesterday could affect a separate effort by the City Council to place the rail issue on the November ballot.

Partington and Callan, of Stop Rail Now, said there is now no reason for the council to put its own version of a rail question on the ballot.

The council is scheduled to vote Wednesday on a proposed Charter amendment that would allow voters to decide whether the city shall "establish a steel wheel on steel rail transit system."

The council also is considering a separate Charter amendment authorizing the creation of a public transit authority, which would oversee design, construction and operation of the commuter rail that would link East Kapolei to Ala Moana.

If the Charter amendment is placed on the ballot and voters approve it, Stop Rail Now's petition could become irrelevant because a voter-based ballot initiative cannot override the city's Charter.

COUNCIL MEMBERS SPLIT

Council members yesterday were split over the need to pass the proposed rail-related Charter amendments.

"Because of the ruling today, I think the transit authority is effectively dead," said Councilman Charles Djou. "I think the Charter question is probably also dead. I think it's important for the City Council to respect the petition process and respect the 49,000 signatures that are on that ballot. Let the question go on the ballot, let the people decide and let the chips fall where they may."

Councilwoman Ann Kobayashi said she was elated by the court's ruling.

"It's wonderful the people will be able to have their voices heard," said Kobayashi, a candidate in the mayoral race. "As far as I'm concerned, the initiative petition should be what's on the ballot."

Hannemann's spokesman, Bill Brennan, said the mayor respects the court's decision but feels the City Council still needs to put its own question on the ballot.

"He feels that that the council work should continue in the event that there's not enough signatures to get this (Stop Rail Now question) on the ballot," Brennan said.

Councilman Todd Apo agreed the council should continue to push for a Charter amendment in case Stop Rail Now's petition lacks enough valid signatures.

"It's not ideal, but if your only choices were two or no (rail) questions (on the ballot), you have got to go with the two questions," he said.