Carroll v. Nakatani

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Category: Hawaii stub

Carroll v. Nakatani (Barrett v. State of Hawai`i)

On October 2, 2000, John Carroll, Republican candidate for the U.S. Senate, filed suit in United States District Court for the District of Hawaii claiming that state payments of ceded lands revenues to OHA and their restricted allocation to Native Hawaiian beneficiaries constituted racial discrimination and should be halted.

The following day on October 3, 2000, Patrick Barrett filed a lawsuit in United States District Court for the District of Hawaii seeking to bar the state from operating OHA and the Hawaiian Homes program on the basis of racial discrimination. In addition, Barrett's lawsuit challenged state laws governing native gathering rights as ".an exercise of police power on private property without a compelling government purpose or compensation to landowners."

U.S. Chief District Judge David Ezra dismissed Barrett v. State of Hawai`i in 2001 and Carroll v. Nakatani in 2002 for lack of standing. The two lawsuits were subsequently consolidated and appealed as Carroll v. Nakatani to the U.S. Court of Appeals of the Ninth Circuit.

On September 3, 2003, the Ninth Circuit affirmed Judge Ezra's ruling on the consolidated case of Carroll v. Nakatani. The Court's opinion noted that challenges to programs for Native Hawaiians under the state constitution also challenged theHawai`i Statehood Admissions Act, which was enacted by Congress in 1959.

External Links

• GOP candidate challenges OHA spending -- Revenue from ceded land should benefit all state citizens, not just Hawaiians, the lawsuit contends (Honolulu Star-Bulletin, 10-3-00)
• Thousands to demonstrate for Hawaiian entitlements -- A three-day event is planned on Maui to protest a lawsuit challenging native rights (Honolulu Star-Bulletin, 1-31-01)
• Judge rejects suit against OHA (Honolulu Star-Bulletin, 2-20-02)