IN

THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF HAWAII






)
Frank Kamealoha Anuumealani Nobriga, ) Civ. No. _____________________________________

In his capacity as Kahuna of the )

Temple of Lono, Petitioner
)






)



vs.


)











)







)
AMENDED PROPOSED ORDER










)

David Y. Ige, in his official capacity as
)


Governor, State of Hawaii,
)











)

Suzanne Case, in her official capacity as )


Chairperson, Department of Land )


And Natural Resources, State of )

Hawaii,



)






)
Kekoa Kaluhiwa, in his official capacity as )

First Deputy, Department of Land )

and Natural Resoures, State of
)

Hawaii,



)






)
Gregory Mooers, in his official capacity as )

Chair, Maunakea Management
)

Board,



)






)
Donald Straney, in his official capacity as )

Chancellor, University of Hawaii )

At Hilo, and


)






)
John or Jane Doe #1, in his or her official )

capacity,



)






)



Defendants
)
________________________________________________)

This Order is issued to prevent officials of the State of Hawaii from adopting
and/or enforcing rules that unduly burden the religious practices of those who hold
Mauna a Wakea sacred.

This Order is necessary because officials of the State have adopted and are

enforcing rules that severely restrict the religious practices of those who hold
Mauna a Wakea sacred.

This Order is also necessary because officials of the State are considering the

adoption of additional rules that will directly and indirectly adversely impact
spiritual practices.

A number of these severe restrictions have no apparent justification because

those who are not engaged in spiritual practice do not have the same restrictions
applied to them.

This Order restrains the following acts:

1. Limiting the access of spiritual practitioners to their sacred sites on

Mauna a Wakea.

2. Limiting the time and place of religious practices on Mauna a Wakea.

3. Limiting the number of practitioners that can access the sites at any one

time.

4. Limiting access of spiritual practitioners to their sacred sites unless

accompanied by a State officer.

5. Preventing spiritual practitioners from spending the night on the

Mountain.

6. Requiring spiritual practitioners to secure permits or other permission

from the relevant State agencies prior to accessing the Mountain for spiritual
practice.

7. Preventing spiritual practitioners from engaging in activity that is part of

their spiritual practice, such as building altars from stone.

8. Otherwise enforcing rules that restrict religious practitioners more than

other non-practitioners also accessing the Mountain.

9. Implementing any new rules or regulations adopted regarding access to

Mauna a Wkea without prior submission to the Court in this case and a ruling from
this Court that said rules and regulations do not overly burden the practice of the
traditional Hawaiian faith.

The persons bound by this order are the parties; the parties officers, agents,

servants, employees, and attorneys; and other persons who are in active concert or
participation with anyone described in Rule 65(d)(2)(A) of the Federal Rules of Civil
Procedure.





_________________________________________________





JUDGE PRESIDING

Dated: _________________________________