More than 30 elders were arrested on Mauna Kea in 2019 in dramatic scenes, but many are still waiting for their day in court Supported by Judith Nielson Institute About this content Megan Moseley in Hilo, Hawaii Mon 7 Feb 2022 20.00 GMT On a cold morning in July 2019, more than 30 Native Hawaiian elders gathered on top of a mountain, committed to getting arrested. “I wasn’t afraid,” says 83-year-old Maxine Kahaulelio. “The moment when the kahea [the call] went out, they said the big machines were coming and they were going to start the desecration … We stood there from 2:30 in the morning … freezing, 9,000 feet above sea level. They had all their gear but we didn’t have anything, just blankets and sweaters.” Kahaulelio and the others were at the top of Mauna Kea, which at 9,966m (almost 33,000ft) is the world’s tallest mountain from base to height and is considered sacred by Native Hawaiians. Actor Jason Momoa exchanges a traditional greeting with an elder while visiting elders and Native Hawaiian protesters blocking the construction of a giant telescope on Hawaii’s tallest mountain, at Mauna Kea Access Road on Wednesday, July 31, 2019, in Mauna Kea, Hawaii. (Hollyn Johnson/Hawaii Tribune-Herald via AP) "A new Hawaiian Renaissance": how a telescope protest became a movement Read more The arrests of Hawaiian elders was the climax of a decades-long debate over construction on the mountain, and in Hawaii in general. Some elders have been speaking out against construction on Mauna Kea since the 1970s, when the area began to be used by the University of Hawaii (UH) and government for astronomy purposes due to its lack of light pollution, its above-average number of clear nights and its dry atmosphere which allows more detailed studies. More than a dozen telescopes have been built there in the intervening years. But the project the kūpunas were protesting against was the construction of one of the world’s largest telescopes – the $1.4bn Thirty Meter Telescope (TMT) to be built by TMT International Observatory LLC. Supporters of the TMT say it will bring jobs and educational opportunities to the community, through scholarships like the THINK grant, that would provide $1m a year to Hawaii Island students. But for Kahaulelio and other elders, Mauna Kea is considered sacred in the Hawaiian creation story. “It’s like a shrine, our temple,” she says. The sun sets behind telescopes at the summit of Mauna Kea in Hawaii. The sun sets behind telescopes at the summit of Mauna Kea in Hawaii. Photograph: Caleb Jones/AP ‘Our hearts were burdened’ During the 2019 protest the group of elders were told to move but did not. The standoff continued until law enforcement zip tied the 38 elders’ hands and escorted them to nearby vans. Advertisement Kahaulelio says the decision to have the elders arrested as opposed to the younger activists was made in a friend’s garage days prior. “We decided we would get arrested because our hearts are burdened by what you folks went through,” she says about younger activists arrested in previous protests. Ana Nawahine Kahoopi’i, 66, says the protests in 2019 that led to her arrest was a sight she’d never seen in her entire life. “There were county police, units from Honolulu and Maui, DLNR [Department of Land and Natural Resources], and the sheriff’s department, they were dressed in riot gear and a sound cannon was being rolled out,” she recalls. The incident brought together leaders in Polynesia and other indigenous communities, along with civil rights activists, lawyers, professors, students and entertainers, all who stood in support of the Native Hawaiian people. Actors such as Jason Momoa, Dwayne “The Rock” Johnson, and artists like Ziggy Marley spoke out in support of Native Hawaiian land rights. The protest have attracted international support, including from actor Jason Momoa pictured here with his children while visiting elders and Native Hawaiian protesters. The protests have attracted international support, including from actor Jason Momoa (centre) – pictured here with his children while visiting elders and Native Hawaiian protesters. Photograph: Hollyn Johnson/AP The protests lasted for months, with thousands of people visiting the protest site, which eventually gained a daycare, cafeteria and medical tent. So far construction on the TMT has not started, having twice been stopped by protesters. But the UH Board of Regents recently approved a master plan for the area that accommodates the completion of the TMT. ‘Our people are still in court’ For months, Hawaiians and allies stayed on the mountain. When the risk of Covid-19 hit Hawaii’s shores, some from the movement remained on the mountain but many left. But three years later, many of the elders who were arrested are still waiting for their day in court. If convicted, they face a petty misdemeanour charge and 30 days of jail time. In August, a judge dismissed the charges against four of the 38 elders, including in Kahaulelio’s case. “So, we weren’t trespassing; we weren’t blocking any roads. We weren’t doing any harm. Yes, we were in the middle of the road, to what? To stop the desecration for what other people wanted to do for Mauna O Wakea. “This is 2022 and our people are still in court,” she says. Billy Freitas, 64, is one of those still waiting for his trial, but he isn’t hoping for a dismissal. He’s hoping to send a message. “All this effort – sacrificing our job, family, health, why just ask for a dismissal? I want to win this case on merits so that future generations that stand for the Mauna won’t get arrested. That’s where I stand and my attorneys know that,” he says. ‘We’re doing this out of the love of this place,’ said Luana Neff, who was also arrested on Mauna Kea. ‘We’re doing this out of the love of this place,’ says Luana Neff, who was also arrested on Mauna Kea. Photograph: Megan Moseley Luana Neff is baffled that the cases of four kūpunas were dismissed but the other 34 were not. “We’ve been in court for almost three years now and it’s crazy. We asked for a fast and speedy trial and here we are three years later,” she says. In the meantime, she says she will continue to spread awareness about Native Hawaiian land rights. “We’re doing this out of the love of this place, out of the love for our kūpuna, out of the love of our land, and out of the love for Mauna Kea, who houses the largest freshwater aquifer on this planet,” she says.