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.


)











)







)
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,



)






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






)



Respondents
)
________________________________________________)

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.

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. Otherwise enforcing rules that restrict religious practitioners more than

other non-practitioners also accessing the Mountain.

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