For my family and friends ™ (haolegirl) wrote,
For my family and friends ™

U.S. District Court Judge David Ezra; the Haole Way and the Hawaiian Way; and the Hawaiian Tide

In this case I do not like the arrogance of Judge David Ezra. WHO IS HE TO TELL HAWAIIANS WHAT TO DO IN OUR OWN NATION? Called the Nation of Hawaii. Also since when does an AMERICAN judge preside in the jurisdiction of another nation???? Seriously. I LOVE this country (America) but I HATE it when they (representatives of the U.S. government) arrogantly tell other citizens from another nation what to do. In case people don't know... the Nation of Hawaii still exists. However this country (America) conveniently refuses to recognize it. That is why the majority of Americans are shocked that the Nation of Hawaii still exists because this information has been and continues to be suppressed. In any case I do NOT appreciate the arrogance of this judge. We call these people "high makamaka" meaning "high eyes" or "eyes looking down on other people." In this case... Judge Ezra's eyes looking down on Hawaiians which I do not appreciate:

Here is a picture of him:
from the Honolulu Advertiser in November 2003

Here is the recent article which really pisses me off and I know that he (Judge Ezra) studies Hawaiian history but that does NOT correlate to him having a right to preside in the Nation of Hawaii! Note that I fully respect the law (U.S. law) but damn... you would think that a non citizen of the Nation of Hawaii would return the same or similar respect for the laws of Ka Pae Aina. Just saying!!! Anyway here is the article in the paper:

Judge says Hawaiians must settle artifact fight:

Tradition, not court action, would be preferable, Ezra says

By Sally Apgar

A FEDERAL JUDGE ordered several native Hawaiian groups yesterday to resolve their differences over the final disposition of 83 artifacts, suggesting they pursue a Hawaiian form of conflict resolution on which they can all agree.

"This is not a dispute between the federal government and native Hawaiians. It is a dispute between native Hawaiians and native Hawaiians," said U.S. District Court Judge David Ezra. "We did not file this lawsuit."

In the meantime, Ezra refused to release Edward Halealoha Ayau, leader of Hui Malama I Na Kupuna O Hawaii Nei, from federal detention. Ayau was sent to prison last week for refusing to tell Ezra the location of the artifacts or the names of those who helped him rebury them.

At issue are 83 native Hawaiian artifacts that were reburied in two Big Island caves in February 2000 by Hui Malama. The items were taken from Kawaihae, or Forbes, cave in 1905 and held by the Bishop Museum. In 2000, Bishop made a "one-year loan" of the items to Hui Malama, which has refused repeated requests to return them. The group was founded in 1989 to reclaim native Hawaiian remains and burial objects from museums and construction sites.

Now, 14 native Hawaiian groups claim the items under federal repatriation laws. The groups have different religious and cultural views of the items.

Two of those groups filed a federal lawsuit demanding the retrieval of the items from the cave so that all of the claimants can review them and share in deciding their final resting place.

Ezra said yesterday that the federal court "has the power and authority" to make a resolution "and jam it down someone's throat." However, Ezra said he prefers a "method within the framework of Hawaiian tradition" so the groups can resolve their differences "without direct court involvement."

"The whole idea is to take this out of the courtroom and put it back into the hands of the Hawaiians," he said.

In September, Ezra ruled the items needed to be retrieved. Hui Malama appealed his order to the 9th Circuit Court of Appeals, which also ruled against the organization and sent the case back to Ezra. Hui Malama has refused to cooperate.

"We did not file the lawsuit until we absolutely had to," said La'akea Suganuma, who represents the Royal Academy of Traditional Arts. "Hui Malama would not compromise, and we could not resolve it among ourselves."

Now, the major players in the dispute appear ready to give Ezra's proposal a chance.

"We welcome the court's decision to find an alternative dispute resolution" under Hawaiian tradition, Suganuma said.

William Aila, interim spokesman for Hui Malama, said they are pleased that the court recognizes there are alternate methods for resolving disputes, including bringing Hawaiians together to the table with minimal court intervention.

Hui Malama intends to be part of that process, he said: "We look forward to participating and seeing if it can be resolved.

"The key to success in this endeavor is to make sure all 14 claimants are there, otherwise we'll only have a partial settlement, and the (other) guys may not agree."

Hui Malama's board will meet to discuss Ezra's proposal and come up with some recommendations as to who else should be involved in the mediation.

Ezra had suggested kupuna in the Hawaiian community or retired judges.

"It would have been easy if Aunty Gladys (Brandt) was around," Aila noted, recalling the revered Hawaii kupuna and educator who died in January 2003. "Gotta be somebody that has everybody's respect."

Ezra, who is working out the dispute with the help of U.S. Magistrate Kevin Chang, said the groups have until Monday to propose a method to the court.

Ezra has been trying to strike a balance in the highly emotional dispute, but he stressed that with or without the help of Hui Malama, the court will pursue the retrieval of the artifacts.

At yesterday's court proceeding, Ezra denied a request to release Ayau. Ezra asked Ayau if he had changed his mind about giving the court the information.

"No, your honor," Ayau replied.

Ayau has said that retrieving the items is desecration and a violation of his constitutional right to freedom of religion.

"I'm put into an intolerable position," Ezra said after hearing Ayau's response. "A federal judge cannot step back and allow someone to openly defy a court order. The last thing I want is for Mr. Ayau to spend the next months or years in custody ... but I have no choice."

Hui Malama attorney Alan Murakami told Ezra that they "are exploring avenues," perhaps with the 9th Circuit, to appeal Ayau's imprisonment.

Sherry Broder, who represents the Royal Academy and Na Lei Alii Kawananakoa, another litigant, told Ezra, "Nobody is above the law. You bent over backward" to be lenient.

Ezra stressed that he is concerned about how this case is further "splitting native Hawaiians" because "a divided Hawaiian community is an ineffective Hawaiian community."

"If you wish to press for rights, you can't do it by being splintered and fragmented. And coming together once a year to march up and down Kalakaua Avenue isn't going to do it," Ezra said.

Seen at

However I do appreciate him supposedly stating that the federal court "has the power and authority" to make a resolution "and jam it down someone's throat" but he prefers a "method within the framework of Hawaiian tradition" so the groups can resolve their differences "without direct court involvement."

"The whole idea is to take this out of the courtroom and put it back into the hands of the Hawaiians."

Which is all fine and dandy but that is not the kumu or source. The source of this is not Hawaiians. We did not steal the iwi and moepu in question. It goes back to David Forbes who stole these items: Forbes Documents

Nana i ke kumu.
Look to the source... of this hewa-ness.

I am not going to blast Suganuma nor Kawananakoa for doing what they wish with the iwi because to me they have a right to protect the iwi how they want to protect the iwi. I just do not wish the iwi nor the moepu to be put in a museum so that people can make millions off of the iwi that is inside of me. Similarly I do not even like zoos because they imprison animals against their will. In this case... Suganuma and Kawananakoa should have called for a hoo pono pono. Did they? No. Instead they sought the American courts which leads me to believe that they have a colonized mind. However while I disagree with them... they still have a right to the iwi just as other Hawaiians do too. Of course there are some Hawaiians who are sell-outs who would sell our kupuna's bones or iwi to make a dollar. It remains to be seen if Sunganuma and Kawananakoa are like that but so far that is what they seem to be. That is... they want these bones or iwi and moepu to be placed in a museum or museums which I do not agree with.

Also specifically with Abigail Kawananakoa. Proper protocol dictates that she would have been the queen in Hawaii. I won't get into genealogy here nor do I seek to debate this issue. No. My point about her or one of them about her is that IF her descendants had taken care of the iwi in the first place... then this would never have happened meaning... while I do not blame Queen Liliuokalani for abdicating her throne under duress... if it was me... if I knew I was going down... I would go down FIGHTING. That is how I interpret Kamehameha to have been that is why so in a way these Hawaiians whom you see fighting trying to protect the iwi... nowadays are only doing what should have been done years if not centuries ago. That is... these people like Eddie Ayau of Hui Malama are only protecting the iwi. Therefore I fully support them. I try to do that too... that is... protect the iwi. Unfortunately it is often misunderstood and/or misinterpreted but when I see a Hawaiian or Hawaiians march to their own drum trying to protect the iwi... then it impresses me because peer pressure advocates that we "go with the flow." No... we should not go with the flow because the flow is to NOT protect the iwi and instead to let people make money off of us. No No No.

In addition David Malo who was an educated Hawaiian wrote about the "white tide" (white as in "Haole") and how it was going to gobble up Hawaiians. For the most part it's true. Look at how most Hawaiians are today. That is... most of them are part Haole. However it is important to remember that for every action there is an equal and opposite reaction (physics here.) Thus I fully expect a HAWAIIAN TIDE that is equal and opposite in force as the WHITE Tide. Thus many Hawaiians today fighting back in their own way. THAT is the Hawaiian Tide. A tide like in this picture from the Honolulu Advertiser:

which is a picture of supporters and family of imprisoned Hui Malama leader Edward Ayau holding vigils earlier this week outside the Federal Detention Center to pray for his release and that 83 Hawaiian artifacts under dispute would not be retrieved from secret burial caves.


In addition some Hawaiians will say that it's not good to fight over iwi and/or moepu. I disagree. Fighting is a part of who we are and if Kamehameha did not fight with other Hawaiians then Hawaii would never have been a nation nor even a state so I wish they would stop mentioning that about fighting for it only shows their ignorance. In this case... their ignorance of Hawaiian history and of Hawaiians.

Anyway I predict many Hawaiians to continue to try to protect the iwi. I also encourage other Hawaiians and non-Hawaiians to do the same because really... people go to Hawaii to see Hawaiians. They do not go to Hawaii to see Japanese or Filipino women in costumes pretending to be Hawaiian. Say Yes to protecting the iwi (or "bones.") The iwi that basically defines Hawaiians and who we are. Just saying....

Tags: abigail kawananakoa, civil rights of americans, david ezra, eddie ayau, edward halealoha ayau, forbes documents, how the united states treats native peop, hui malama, judge david ezra, judge ezra, laakea suganuma, why eddie ayau should be released

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