Ka Wai Ola - Office of Hawaiian Affairs, Volume 1, Number 9, 1 November 1984 — Suit Against State Partiallv Reinstated [ARTICLE]

Suit Against State Partiallv Reinstated

By Bill Tagupa Cu)tural Affairs Officer

An August opinion by the U.S. Ninth Circuit Court of Appeals partially reinstated a suit against the State of Hawaii concerning the constitutionality of OHA. The initial complaint was brought by 1 1 individuals and the T ax Payers Union. One class of the complaints alleged unlawful discrimination on account of a"program w hieh disbursed benefits based on impermissible racial classifications." The other class of complaints petitioned for "an injunction to prevent the defendants from spending

monies from the state general fund for the benefit of the racial class — Hawaiians." The lower court in 1981 had dismissed thecomplaint on the basis of state sovereign immunity and that the Tax Payers Union and others had no standing to sue. On appeal, the circuit court majority ruled that although the 1 Ith Amendment did not prevent them

from seeking an injunction ' hmiting the exercise of authority under a state statute, that is allegedly uneonstitutional," the court held that individual taxpayers could rightfully challenge the constitutionality of OH A by complaining that the addition of class identi-

fied as "Hawaiians," those of less than 50 percent aboriginal blood, would be a tax holder since more taxes would be necessary to support this additional class.

With respect to the claims by the "native Hawaiians," those with 50 percent or more aboriginal blood, the court ruled that they "should be permitted to assert their grievances that they suffered injury due to the diversion of funds to "Hawaiians." This decision means that the individual eomplainants will have another opportunity to seek redress in the trial court unless the state decides to appeal to the U.S. Supreme Court.