AROUND THE TURN AND DOWN THE STRETCH THEY COME

AROUND THE TURN AND DOWN THE STRETCH THEY COME: It's crunch time for Bill 2491 as a series of events this week lead up to the big Kaua`i County Council committee meeting on Tuesday September 9, including the ManaMarch and Rally on Sunday Sept 8 when thousands are expected to gather at Vidhina Stadium in Lihu`e at 11:30 a.m. and and noon march up Rice St to the County Building where music and fun are promised.

But before that on Thursday Sept 5 the council will be holding a executive session meeting on the bill that would require disclosure of restricted pesticide use, buffer zones around schools and homes and a moratorium on new experimental Genetically Modified Organism (GMO) tests pending an environmental assessment.

Closed door meeting or not, organizers are urging people to make a showing in their red shirts to show support for the bill. Even though public testimony will be taken (by law), since most everything that can be said to the council has been said, it would seem counterproductive to make it into a repetitive public yak-fest.

So what is The State Of The Bill this week? And what are both the white hats (Gary Hooser and Tim Bynum) and the black hats (Mel Rapozo and Ross Kagawa) planning?

Near as we can tell despite the fact that the chemical/biotech/just-plain-simple-farmers' massive million dollar PR campaign has put bullet after bullet into their own feet with counter-intuitive shmaltz and "did he really say that" common-sense-defying, expert blathering, there are still at least 17 people left on the island, with the exception of employees and vendors, who actually oppose the intent of the bill.

But for the other 60,742 of us the important numbers are 2-2-3: two yes votes, two no votes and three "how am I going to get through this without killing my political career and/or legacy" votes.

On the 9th it's expected that the noes, Mel and Ross, will put up a fight on a few fronts to give cover to councilmembers Nadine Nakamura and Jay Furfaro to vote to kill the bill entirely and JoAnn Yukimura to water it down with amendments that could allow it to pass but make it all but totally ineffective.

On the legal front all indications are that neither the County Attorney nor Attorney General is going to say there is any type of state law "preempting" the county's state constitutional right to regulate the health and environmental safety of it's citizens. There is no question of preemption at the federal level as even the chemical companies' lawyers have agreed, there being strong US Supreme Court rulings saying that the county has those rights.

It is expected that some other big gun attorneys will show up to support the legality of the bill and it's looking like there's not much the "other five" will have on this front.

Then there are the "medical" issues... for lack of a better term.

JoAnn Yukimura has been making a lot of noise at a pitch only a lawyer can hear, trying to look for the definitive link to an actual proven medical epidemic of pesticide-related disease. This of course is NOT what is required as medical review, unlike law, is a very long meticulous process where "proof" of harm is concerned. But all that is needed legally here is the strong POTENTIAL for harm.

And there's no one but those Roundup-guzzling salesmen denying a pervasive potential for harm.

First there's the American Council on Pediatrics strong disdain of child exposure to any pesticides and the growing undeniable exposure of Waimea children at their schools and residences and other areas exposed to the wind drift. There's the sheer number of days and types of restricted use pesticides (RUPs), which are used in open air experiments 240 days a year, with each day having the potential for use of multiple RUPs. And there's the testimony of apparently all the pediatricians and almost every doctor and other health care provider on the island, all warning of the harm they are actually seeing.

To pooh-pooh this as being "only anecdotal" and not real potential harm is to misunderstand the nature of medical inquiry. It's painfully obvious why there are no "25-year studies" and as a matter of fact a law that requires disclosure is the first step in setting up these studies.

That kind of study is something that our state Department of Agriculture (DOA) seems to be working as hard as they can to prevent, ignoring and even misrepresenting the incidents of poisonings and looking more and more like shills for "Big Chemical" than the state level protector of the health of the people.

Wanna see something really scarey? One of our researches who has seen the DOA's inspection logs says that they made only 175 total inspections of all pesticide users in Kauai county over the past two year period. Of these inspections they have redacted 45% as "ongoing investigations" of "open cases" where violations could supposedly lead to enforcement actions- although enforcement of regulations in government circles is usually more a case of "seeking compliance" instead... sometimes years after the violation.

In these ongoing cases all the information is blank so no one in the public has any idea what the violation even is (or was). Of the unredacted inspections there were only 29 during a two year period that were done on the operations of the four agrochemical companies or 3.625 inspections per company per year... about one every hundred days. And they tell them when they are coming.

Don't forget about those 240 spraying days a year, according to information revealed though the current federal court lawsuit against Pioneer filed by 100 west-side people who say they've been harmed by the chemical companies pesticide practices.

Additionally, the Kaua`i DOA representative said in an open council session that it takes up to 3 years to resolve and close a case. They also said they don't even publicly notify the community when violations occur but only when they are resolved and then only if a member of the public requests the information.

And just ask anyone who has ever requested information from a state agency how easy that is. And that's for agencies that don't have anything they want to hide.

Which brings us to what will probably prove to be bill supporters' biggest challenge next week- one people need to be fully aware of and fight like hell to stop it from happening.

Ross and Mel are determined to find a way to stop this bill- all of it. Killing it entirely most likely won't happen although remember what we said about JoAnn (Nadine too in past posts) and amendments. The disclosure and buffer zones look strong unless someone wants to throw away their political career or, in Jay's case, legacy.

The only way to stop it is to kick it upstairs.

We were discussing this with a long time observer and political operative on Kaua`i and, not surprisingly, we saw our own thoughts reflected in the email: It read:

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What needs debunking is the laughable notion that "the state or federal government will take care of this for us if only we put pressure on them." It's the old "I'm going to write a letter and we can all sign it" strategy...just plain stupid.

"This is not our job and we will demand that the governor, the state legislature and the EPA and congress (in between voting to go to war)... make them do their jobs."

I can see it now. Kouchi and Tokioka will agree to "draft a Bill". The DOH and the DOA will agree to "look into updating the rules" and maybe the governor will even "establish a task force"...and see, there...it is all handled and several council members will say "whew...it is all handled...look what we did mom...plus we will write that letter... and we will all sign it...demanding that they do something...and then we'll get really tough... we will schedule a follow up meeting to make sure it happens."

As you and I know...nothing will happen except the process will drag for another 2 or 3 years...the industry hacks and attorneys will do their thing at the legislature during the long drawn out rule making process...and at the end of the day there will be bupkis, nada, nothing.

Plus...a quick scan of the campaign spending reports shows several of our legislative people are clearly taking piles of money from the biotech and gmo industries. And...the Chair of the Senate Ag committee (where any legislation will have to pass through) has also taken plenty...including donations from pharmaceutical companies (now why would a pharm company give to an Ag Chair?). I only skimmed very quickly the reports and found the obvious direct contributions and have not yet googled individuals or looked at the lobbyists numbers to see who the lobbyist who was giving money had as clients. I can't imagine what that will show...

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All snark aside you get the picture. This little dance is a tried and true way for these snakes to slither out of dealing with political grenades once they've failed to table them with 14 "Star Chamber" executive sessions where they come out and say "We can't tell you what it is but there's a very good reason we're killing this."

To put a fresh spin on an old canard: "We could tell you why but then we wouldn't be able to kill you"

This is really what we have to prevent. Mel is a master of this kind of "it's someone else's fault/responsibility" fake outrage. When you're watching him do it remember what you're watching.

This is going to be a week when everyone needs to play the part they've taken and play it like their life depends on it. It just might.

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Other events this week include:

Tuesday September 3 from 5-8 p.m. An informational meeting/"fun event" for south-side people at Po'ipu large pavilion. Nurses and friends of Kauai will answer questions based on new information from the American Pediatric Association about pesticides.

Wednesday September 4 at 5 p.m. Sign making and planning for Sunday's March and Rally- pot luck; dance with DJ at Lydgate Big Pavilion.

A MAN, A PLAN, A DEBACLE- RAPOZO

A MAN, A PLAN, A DEBACLE- RAPOZO: After decades of problems keeping the rain off the Kilauea Gym floor, the Director of the Kaua`i Parks and Recreation (P&R) Department, Lenny Rapozo, has finally come up with what many in the administration are calling a "brilliant" multi-pronged approach to fixing the structure which includes covering the current leaky roof with pili grass and moving the whole building 90 degrees to aviod the wet, easterly winds.

"A pili grass roof was good enough for the ancient Hawaiians so it should be good enough for us" said Rapozo, "especially if it's not raining."

The roof has never in human memory actually kept water out- which is thought by many in the Buildings Division of the Department of Public Works to be the main function of a roof- despite 137 attempts to replace it based on 373 different consultants' plans.

Rapozo also had a plan for the leaky door that faces into the rainy trade winds.

"We have hundreds of balloons and dozens of tanks of helium left over from the mayor's last campaign so we can just fill them up and float the building. And the beauty of it is that we can use all those political appointees and mayoral-approved civil servants who owe their jobs to him to turn the whole building, moving the door to a more desirable orientation... whichever way, after trial and error, that turns out to be."

According to Rapozo his own recent research has apparently shown that the current structure sits on the footprint and is a renovated version of the ancient "Kilauea Himanekium" where "pre-western-contact kanaka would go for drink beer." But, Rapozo said he discovered that during a 19th century renovation the building was inadvertently spun around sideways by witches, who were brought over for just such jobs by missionaries who were seeking to allow the structure to receive bigger shipments of bibles they could exchange for surrounding farms and home-sites.

"We're excited by the discovery" said Rapozo whose engineering expertise goes back to his days at Kapa`a High School where he lettered in "Pick-up Sticks" and "Tiddlywinks." He also studied basket-weaving, a skill he said may prove useful in the pili roofing project.

"I think I've got something here that nobody else could- or would- have come up with," Rapozo boasted with a straight face.

There are also plans to replace the wooden basketball floor with concrete and then put down lauhala mats in order to absorb any rainwater in case the pili grass leaks. "But the mats are only for when it rains because no one plays basketball in the rain anyway," said Rapozo. "Besides, the plan is all up here," Rapozo said pointing to his head "so we can save money on design consultants if the pili grass has to be replaced. Since everyone is used to paying over and over for consultants every year or so, we have an unending source of funding for the project, 'cause grass stay cheap, eh?"

Rapozo did not at first indicate where the cheap pili grass would come from since it is an all but extinct species but when asked of his plans for future recreational projects Rapozo said he's thinking of a Youth Program where students grow can pili grass on county land, then sell the product to the county for other roofing projects.

His boss, Mayor Bernard Carvalho applauded Rapozo's ingenuity. "That's why I hired him- since he has no expertise in any one particular area, he tends to think, not just outside the box but outside the entire realm of human endeavor and experience."

Rapozo also talked about- but didn't explain- either using the remaining balloons and helium to actually move Moran Pond at Lydgate or filling the balloons with the mud that now befouls the once popular swimming pools after a previous Rapozian plan to dredge the pools want awry... for some unfathomable reason.

"Then maybe the mud balloons will just float away," he said wistfully

Council Chair Jay Furfaro was cautiously enthusiastic over the plan saying "it wouldn't be the absolute stupidest thing we've ever approved- but it'd be close."

Councilperson JoAnn Yukimura was apparently skeptical but said she would have to see the plans in writing before she could really comment and recommend a thorough study of the project.

But Councilmember Mel Rapozo was both for it and against it, making sure that he didn't state a position until he figured out what the political implications were.

Blogger Andy Parx but did manage to wake up long enough to backhandedly mumble an ambiguous complement saying "it sound just like something Lenny would come up with since no one in the county is smarter or more suited to his job than he is."

SPIT IT UP

SPIT IT UP: No, Shaylene didn't grab us off the street and throw us in her own personal dungeon. Nor did Beth Tokioka get out the pins and the voodoo doll.

And after an MRI "gut check" we've confirmed that our recent nausea is not, as we suspected, due to the prospect of four years of having to listen to the voice of former Governor Ben Cayetano should he become the mayor of Honolulu.

We regret the lack of a high fiber diet for the past 20 years (damn, dem Safeway baguettes is tasty), but the diverticular gods apparently have other people to sicken today so maybe between bathroom runs we can play a little catch-up today.

Of course the news that Judge Kathleen Watanabe threw out Prosecutor Shaylene Iseri-Carvalho's politically motivated charges against her blood-feud enemy Councilmember Tim Bynum in the "Rice-Cooker-Gate" case- and made sure she couldn't file them again- wasn't much of a surprise. The real laughter was that the "special prosecutor" assigned to the case was none other than former one-term Kaua`i Councilmember and current Deputy Prosecutor on Maui, Richard "Sweating Bullets" Minatoya.

Minatoya really had little choice but to go along with Watanabe's charade of taking Iseri's department off the case and then getting someone else to "investigate" Iseri's envisioned manifestations of the criminal mind of Tim Bynum.

Apparently Watanabe couldn't bring herself to just dismiss the charges all by herself, or better still jail Iseri for fraud and other "alleged" misconduct. The Judgy-Wudgy wouldn't want to deprive Iseri of due process just because Iseri has so little regard for due process herself.

(Parenthetically we just have to ask why it is that people who hate lawyers have such reverence for judges. Where do they think judges come from- the Judge Fairy?)

Once Minatoya talked to Iseri's hench-persons in the planning department and examined some of the evidence of Shay's and her "Igor," First Deputy Prosecutor Jake Delaplane's crimes and misdemeanors, he fulfilled his role of being "shocked, shocked" to find gambling at Rick's.

As an aside we can't let the fact that Minatoya's name is in the news go by without telling the tale of how he got that middle name.

It was we believe 1998 (we don't need no stinkin' fact checks) when then one-term Councilmember Mary Thronas decided to run for mayor (if we remember the correct chronology), trying to unseat then-Mayor Maryanne Kusaka.

Thronas failed in her mayoral bid after referring to Kusaka's office as "a Filipino taxi cab" and talking about "jewing-down" somebody-or-other... all within earshot of a reporter who apparently didn't know that those kinds of things aren't supposed to be reported on Kaua`i.

We were helping produce a "Video Voters' Guide" and had a couple of freebie rooms at the old Kaua`i Resort to do it. We had prepared questions for council and mayoral candidates and the questions were to be provided to each candidate exactly one hour before their individually scheduled taping times.

When Thronas came in we handed her the questions. She looked the piece of paper and then looked back at us and then looked back to the paper as if to ask "what the heck am I supposed to do with this?"

She never did glance at the content but rather spent the next hour gossiping with her hair and makeup people as they put her face in order. We actually had to read her the questions to her before she answered them... without of course really answering them, in quite the "accomplished politician" style .

Next up was the head-shaven Minatoya who had squeaked onto the council two years previously and had not exactly spent the biennium endearing himself to the electorate, serving as just another "bum" to be thrown out... just like the bum he had replaced.

Minatoya came in ten minutes before his appointed time to receive the questions and when we told him that, to be fair, we had to wait until exactly one hour before his taping time to give him the questions, he proceeded to stare at his watch for the next 10 minutes like he was waiting for the priest to arrive for last rites.

When we finally gave him the paper he began to look it over like it was his death warrant. What had previously been a trickle of perspiration now began flowing from his chrome-dome by the barrel-full. We didn't take a lot of notice and continued to yack about nothing in particular until Minatoya jumped up and, loud enough for them to hear him at the nearby Lydgate Park Pavilion, screamed "SHUT UP- I'VE ONLY GOT AN HOUR."

Needless to say by "showtime" Minatoya looked like he'd stepped out of a dunking booth. He stumbled his way through his answers, lost the election (some say because of the performance which played for months on public access TV) and was never heard from again on Kaua`i- until now.

Anyway, now we wait for the other shoe to drop as Bynum plots his revenge against Iseri, who has been busy lawyering-up over budget-related as well as other questions the council has over her P.O.H.A.K.U. program and other assorted sordid activities.

The council met in secret executive session on Wednesday regarding P.O.H.A.K.U. and next Wednesday will discuss it in public although the effect on Iseri's budget- which goes to public hearing next Wednesday at 5 p.m.- may be negligible in an election year since "dollar-funding" the entire Office of the Prosecutor (OPA) isn't really an option.

By the way, we just can't let this go without noting how hilarious it is that other island media have- due to a well established hatred of Bynum over the transient vacation rental issue- credited Councilmember JoAnn Yukimura with leading the investigative battle to reveal Iseri's "alleged" crimes.

The fact is that Yukimura has actually been serving as a mouthpiece for Bynum's research into Iseri's activities, but because Bynum wouldn't exactly be the best front-man for any public interrogation, Yukimura, to her credit, as taken up the reigns of the fight to publicize Iseri's shenanigans.

But the real news this week is the sudden departure of the local newspaper's "new" editor Renee Haines. We hear she was fired, not because she was censoring huge swaths of copy filed by her less-than-competent staff regarding Shaylene-related scandals and instead running fluff pieces Iseri gave her.

The publisher could care less about that and might have even been ordering it. They don't really care about much as long as the Happy Camper's column isn't printed blurry.

But apparently Haines had so little news savvy after coming over from the advertising side of the newspaper business that, as a fake newsperson, she personally wrote and published a fake story from fake marine biologist named Terry Lilley- who works for fake-everything Hanalei boatyard owner Mike Sheehan- and Lilley's fake "toxic levels of heavy metals in Hanalei Bay" report- all without checking with anyone as to what the truth is.

But if the local paper is a joke, the real joke is of course the Honolulu Star-Advertiser which has yet to say a word about the whole Iseri-Bynum brouhaha. That may be changing after Bynum's attorney Dan Hempey sent out a press release regarding Watanabe's ruling yesterday. But the joke may be about to become a shaggy dog story because the reporter assigned to the neighbor islands, Rosemary "No Dateline" Bernardo, has apparently yet to set foot on a neighbor island for a story, preferring to file her stories from the S-A's city desk.

We just love this place. Even bending over the toilet, it's endlessly entertaining.

We'll be posting whenever we can.

Eat your fiber kiddies.

OCCUPY THIS

OCCUPY THIS: One of the stranger aspects of the Occupy Kaua`i "rally" (for lack of a better term) last Saturday was the presence of Kaua`i Police Department (KPD) Chief Darryl Perry. But stranger than his mere presence is the way he has taken advantage of the local version of the movement to pump up his image in the media.

Not just his presence but his statements- that essentially he was there to protect the participants- were widely reported although he and his officers just stood by during the one thus-far-unreported incident. Just after the 11 a.m. start two state trucks came by packed with contra-flow "cone-droppers" who yelled at "protesters" to, among other slightly nastier things, stay out of the street, even though no one was obstructing traffic.

And obviously Perry's fellow officers didn't seem to care.

But Perry wasn't done with his use of the rally for personal PR purposes after Sunday's and Monday's TV and print offense.

Today a piece in the online "newspaper" Civil Beat appeared in the form of an "interview" with the Chief although it had Perry's own byline making it unclear if the "questions" were Civil Beat's (as the first question intimated) or Perry's own.

Anyway he took advantage to of the opportunity to say things like:

The “occupy” movement and civil unrest in general is a means to express displeasure and/or dissatisfaction with the current state of the political climate as it relates to government or corporate policy.

Growing up in the 1960s during the Vietnam Era, and being witness to local protest movements concerning Native Hawaiians, I can understand the frustration of individuals who feel that they are disadvantaged through no fault of their own or they need to stand up for others who are not able to do so on their own.

But don't for a minute think he was supporting the confrontational aspect of the movement pitting the "99%" of the people against the 1% that control most of the wealth in this country and county.

He went on to say:

This frustration appears to be global, but I believe what is unique about Hawaii in their appeal to the silent majority via demonstrations, is that we have great respect for each other which is based in our up-bringing of being pono. I want to make it clear, that this respect for one another is not racial and specific to one ethnicity, it is more culturally based, and as you know, Hawaii is a mixture of all races coming together and believing that we don’t check our values at the door for a cause or circumstances; that our integrity is always at the forefront of our actions.

Ah, the old plantation mentality appeal, essentially saying that we 99%ers just love to be exploited by the 1% and are too laid back to do anything but have our say and go back to our cruddy, exploitative, starvation-wage jobs.

Well we wonder how Perry and his KPD officers are going to react if a plan by the group "Occupy Kaua`i" comes to fruition.

According to a widely circulated email, members of the group met Monday evening and

after much thought and even more deliberation, we decided that we would do an actual "occupation" at the park near the county building beginning this Friday. We are going to have a meeting at the pavilion at Lydgate park on Thursday Oct. 20th at 7pm. We are going to go over our goals, concerns (we have somebody looking into legal issues), planning, logistics...etc. We will be having a potluck, so please bring something to share, but no big deal if you don't. Please inform anybody you know who may be interested in standing with the 99%.

Assuming the "legal" issues can be worked out, it will be interesting to see how Chief Perry and his force respond to the only actual "occupation" in the islands- what with the respect and permissiveness he's been expressing toward the group in the media this week.

HOOK, LINE AND STINKER

HOOK, LINE AND STINKER: During the last month we've used the bill (#2149) to allow camping at Lydgate Park as a kind of case study of the long-practiced and well-honed dance of the headless chickens used by the last three Kaua`i administrations- especially in the Department of Public Works (DPW) and the now spun-off Department of Parks and Recreation (DP&R)- to run out the clock on county council oversight of various and sundry mismanagement schhemes.

But the manner in which DP&R Director Lenny Rapozo's final "rope-a-dope" performance yielded a split decision in favor of the bill's passage last Wednesday, gave a whole meaning to "don't ask me- I'm only in charge here."

Of course Rapozo's use of "the fog" and the "I not here" method of administrative oversight could not have been accomplished without council allies willing to look the other way at the misrepresentations and outright lies as well as the lack of any semblance of competency of Rapozo and his underlings.

After months of non-answers to "the eight questions" that had been repeatedly asked, in writing, of Rapozo, the bill was moved out of committee to the full council where last Wednesday despite the fact that there were amendments pending and it was no where near ready for a vote... something that has inflamed Chair Jay Furfaro's hair on many an occasion in the past.

Rapozo appeared after handing in the alleged answers just that morning, claiming he never had the questions- many of which had been sent in writing months ago- until the previous Friday. And, much to Furfaro's chagrin, they hadn’t even been distributed to councilmembers yet.

The old bait and switch made an appearance too. Seems the originator of "the fog" himself, perennial county appointee Ian Costa who now serves as Rapozo's deputy, had unexpectedly shown up instead of Rapozo the week before with Rapozo conveniently on the mainland, allowing Rapozo to claim he had no idea what had happened the previous week.

As we've previously described, it's a classic move Costa developed during the year-long "Developers Gone Wild," grubbing and grading hearings before the council in the 90's which exposed the early misdeeds of Jimmy Pflueger preceding the deadly Ka Loko Dam break for which Pflueger is scheduled to stand trial for murder later this or next year.

The session began with Council Chair Jay Furfaro waving around what a real plan would look like, taken from a Virginia Beach Virginia campground saying "can you kokua me... this is what I'm looking for Lenny."

The questions dealt with almost everything imaginable from lack of a sufficient number of toilets to insufficient staffing for maintenance and security and were seemingly at least partially a result of there being no written plan to make sure the professed "work-class facility" would even be run in an organized and coherent manager.

But try as he might, Furfaro could not get a commitment from Rapozo to put together such a plan by the time camping was scheduled to begin, 60 days after the passage of the bill.

Finally after twenty minutes of trying to get such a commitment from Rapozo, Furfaro demonstrated the council's archetypical part in the avoidance scheme by declaring Rapozo's "no" to be a "yes."

Of course the run-around can't properly function without an administration shill. The role was made for Councilmember Tim Bynum whose "don't confuse me with the facts" rhetoric, previously honed on the issue of the bike path, consisted of declaring the questions to have been answered already- whether they were or not- and calling all criticism of the not-ready-for-prime-time "plan" to be too "meticulous."

This left an opening for Councilmember Mel Rapozo to perform one of his classic ape-like chest beating routines consisting of lines like "That's our job, to be meticulous... guilty as charged."

But perhaps the most Kafkaesque scene in the melodrama played out over the issue of the "fishermen" who have traditionally frequented the area since, well, forever.

As championed by Councilperson Kipukai Kuali`i the council went back and forth, working to make sure fishers could go to the campground and essentially camp out while fishing without really being official campers.

Of course the task was impossible on its face. How do you allow people to stay overnight in the campground, in their tents, as long as they leave their fishing poles stuck in the sand with the line in the water- as described by Kuali`i- and then distinguish who is actually camping without a permit and who is simply fishing.

The council has been asking Lenny Rapozo- and Costa- for the actual metes and bounds of the camping area rather than providing the cruddy little map with dotted lines that had been made part of the bill. Mel Rapozo- an ex-cop- described the absurdity of the prosecution going to court with such a map and how any good attorney could raise enough questions to make it unenforceable.

The answer apparently was simply, as stated by many, that the standard was "we know who is camping and who is fishing."

Oh great. The island isn't sufficiently wracked with charges of "reverse racism" by the increasing number of uptight, malahini mainlanders who can't distinguish between the word "haole" as used descriptively and the more provocative "stupid f-ing haole." Now we have an area where the line between campers and fishermen is going to be- at least in their eyes- as much a factor of the shade of their skin as anything else.

County Attorney Al Castillo didn't really help by hemming and hawing and finally maintaining that it didn't matter what the law said as long as there was "sufficient notice" in the form of signage to tell the users what made a fisherman a fisherman and what made a camper a camper.

As if.

Finally, the answer was to be as ambiguous as possible and the council inserted language that allows "fishermen" to "fish" any place in the campgrounds where there isn't an actual designated camp site.

However all this probably doesn't matter one whit because, it was revealed, the county's park rangers are never there between 10:30 p.m. and 4 a.m. leaving enforcement of the unenforceable provision an academic matter anyway.

The bill passed with Kuali`i and Mel Rapozo voting against it and now it's up to the DP&R to promulgate administrative rules- which promise to be as vague as the bill- in the next two months and decide which parts of the campground to "open for camping" with no real idea of what is going to happen, in a classic Kaua`i County "ready, fire, aim" manner.

But whatever happens you can bet dollars to donuts that we haven't heard the end of the seven-year saga, especially when the first "you're not fishing, you're camping- I can tell by the color of your skin" ticket is issued.

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Note- We're working with a new editor whose schedule is malleable so, although we intend to keep to the 1 p.m. press time, there may be days when it is decidedly later.

PERMITS? WE DON'T NEED NO STINKIN' PERMITS

PERMITS? WE DON'T NEED NO STINKIN' PERMITS: It's hard to know what goes on between those "world class" ears of Councilmember Dickie Chang sometimes but his attempt last Wednesday to defend the administration's vision of Lydgate Park didn't do much to help matters.

At last week's committee meeting council watchdog Ken Taylor delivered a scathing attack on the Department of Parks and Recreation's (P&R) contention that the camping facility described in Bill 2149 would be "world class" despite the lack of bathrooms and other facilities along with insufficient training, supervision and equipment- not to mention numbers of park maintenance workers- to keep it clean and safe.

Without mentioning P&R's head, Lenny Rapozo, or his deputy Ian Costa, Taylor made the mistake of saying that "where I come from" or anywhere else in the world for that matter, the department's leadership would be fired for the present conditions in the area even before camping is offered to visitors as a "first class" camping experience.

Chang's "rebuttal" was jaw-dropping, telling Taylor that "local people are not that hard to please," continuing with an implied and thinly-disguised racially-charged rant telling Taylor how local people don't want to hear "where I come from."

We can only surmise that in Chang's mind "local people" apparently enjoy bathrooms with perennially stuffed up toilets and sewage-tainted standing water, along with overflowing trash cans.

T'ank you massah fo' any small kindness. Just give us an ocean and a fishing pole and we's as happy as pigs in s**t, eh Dickie?

Well at least one "local" was more than offended.

In a letter to the editor in today's local newspaper our friend Camellia Ditch-Crosby of Lawa`i wrote directly to "Mr. Chang" saying:

We don’t know what locals you are talking to that say they are not hard to please regarding the parks’ condition because most of our `ohana and friends are not pleased at all.

It’s the worst condition it’s been in the 65+ years we’ve lived here. We are seven generations on Kaua`i. Yes, the lawn has been cut short and raked, but the bathrooms are filthy. The Kapa`a restroom, next to the police substation is a good example. The Po`ipu, Salt Pond and Nawiliwili restrooms too.

Some of my ‘ohana said the volunteers are now taking charge of cleaning and painting the pavilions and restrooms. Why? Please don’t generalize and say locals are not hard to please; that’s not true. We want to know where our tax dollars are being spent. Or are we going backwards and eventually the county will be using “out houses” the way we grew up.

The fact is that "local people" don't need an official "campground" to spend a couple of days at the beach. But we're all damn tired of disgusting bathrooms and the lack of enough toilets that's resulted from the county's creation of "beach parks" and then promoting them to visitors.

We as a community have to decide whether we want to keep creating "parks" and installing facilities at formerly "wild" places, making what used to be "local" spots suddenly attractive to visitors. Because then we not only essentially lose the ability to just pick up and camp there without permits but, as taxpayers, we have to pay for the resulting need to keep the places clean.

The "south Lydgate" area where the proposed campground sits is just such an place. If it weren't for Councilmember Kipukai Kuali`i demanding an amendment to define the campground area so that theoretically beach "fishing" could still take place, we'd have lost it entirely... although it's a crap shoot as to what will happen when the park ranger comes across a family that has just shown up, sans permit, and set up for a night of fishing on the beach- just outside the "official" campgrounds where tourists are paying $25 a night.

The schizophrenic vision of the "world class" facility with, according to Councilmember JoAnn Yukimura, design flaws that cause the ponding in the showers and bathrooms is not just a product of the usually muddled thinking Chang exhibits. The rest of the councilmembers present also voted to move the bill to the full council while Kuali`i and Councilmember Mel Rapozo- who have tried to hold Lenny Rapozo's and Costa's feet to the fire on the bill- were away on council business.

Despite the fact that nothing has changed since the bill was shelved years ago it will certainly pass next Wednesday. And then we'll have lost another beach due to the actions of the "park" developers- aka, the "world class" imbeciles in elective county office.

ACCEPT NO SUBSTITUTES

ACCEPT NO SUBSTITUTES: It's hard to know which is worse lately- Wednesday's befuddled and buffoonish rerun of the previous council Public Works Committee meeting on the Lydgate camping bill or the ill-informed and equally befuddled and buffoonish coverage and editorial of it in the local Kaua'i newspaper.

Two weeks ago we wrote:

The bill was snatched from the jaws of passage out to the full council at last Wednesday's Public Works Committee meeting by Councilperson Mel Rapozo's request for a deferral for two weeks after the rest of the council didn't seem to care about the myriad lies and coverups from Parks and Recreation Department Director Lenny Rapozo.

And the only thing that changed this time was that Rapozo, after promising answers in two weeks, had taken an extremely convenient and unannounced "vacation." And in his stead he sent the island's own roving flack-catcher, Ian "Waldo" Costa.

Like the striped shirted traveler, Costa seems to show up everywhere. Despite being canned from many county positions over the years- ranging from a stint as deputy county engineer during the "Developers Gone Wild" days when he looked the other way at Jimmy Pflueger's grading and grubbing violations, to his recent stint as Planning Director which ended with an FBI investigation and his resignation under fire- Costa is back, this time taking shrapnel for Rapozo over the seemingly inept attempt to get the camping operations going.

Costa is the champion of what council-watchers have called "the fog" which entails speaking in an almost whisper and lulling questioners to sleep with frustratingly vague answers. When pinned, he conveniently is unable to answer but promises that the person who can answer will come by in two weeks... at which time they send a different person who says only Costa or someone else can answer that.

So the most bizarre moment of the meeting had to be a seemingly out of the blue statement from Councilperson Nadine Nakamura who greeted Costa by noting he "happens to be a very good dodge ball player."

Sometimes the set-ups don't even need punchlines.

The meeting itself progressed, as expected, with the same staffing questions we described two weeks ago being the predominant topic of discussion. Despite the fact that the council and administration agree that they want to build a "world class" facility, with the current staffing levels- not to mention the lack of toilets- we're more libel to get third-world class campgrounds.

One new and revealing fact came out at the meeting and that is that the current staffing levels- which were increased when the plans for the campground were first floated in 2005- were based on a consultant’s report that estimated the maximum number of campers at 92- not the 300 the county plans on allowing initially - much less the 700 that could potentially be camping when all 31 campsites are in use.

Add that to the new soccer fields, the bike path and other expansions that weren't accounted for at the time and, according to the union, the current staff can barely keep up with the current usage. The toilets age constantly clogged, according to one councilmember and the trash cans overflow right now- without camping.

Not to mention the caretakers' daily, morning doggie doo pickup since the council decided to allow dogs on that portion of the bike path.

But of course Costa knew nothing about that except that Rapozo was seeming standing pat on the number of workers, despite concerns of the union that making the place "like a hotel" was going to take a lot more people to staff, especially with talk of "concierge service".

Apparently those concierges will be showing the guests to the port-a-potties that, the administration says, are going to have to suffice until new facilities are planned, paid for and constructed.

But even though all these problems were left unaddressed most councilmembers were ready to approve the bill.

What actually caused the deferment- although you wouldn't know from the newspaper coverage or editorial- was a comment from Councilmember Kipukai Kuali`i.

He simply asked Costa about what was going to happen to the slews of local fishers and their families who have frequented the area for decades, if not centuries. Are they now going to be ticketed and fined $100 for bringing their families and setting up their campsite for a night of fishing?

With that the council went bonkers and even though just moments before they seemed poised to pass the bill out of committee it was now back to the drawing board at least to define the boundaries of where the campground actually was- and wasn't- and what to do about the fishing families.

Despite all this we were greeted with an editorial from the newspaper demanding that camping begin "yesterday."

It was bad enough that they claimed that there was now going to be a two month delay when the bill was actually deferred for two weeks. But they apparently are demanding that all 31 campsites be opened immediately- something even the administration knows can't be done with facilitates and staffing at their current levels.

But ignoring those two issues they pooh-poohed any "enforcement" problems, quite possibly because whomever wrote the editorial only read the newspaper's story on the meeting which failed to mention the fishing situation. Or perhaps more likely, because the cultural malahini at the paper have no idea how important fishing- especially at that spot- is to local culture and tradition.

"Ready, fire, aim" has been the Kaua`i governmental mantra that drives real watchdogs crazy. But when the lapdog local paper decides that planning should be a victim of expediency how can we expect any more from our local officials?

YOU GOTTA BELIEVE- YOU JUST GOTTA

YOU GOTTA BELIEVE- YOU JUST GOTTA: Kaua`i Council Chair Jay Furfaro probably regrets saying many things but none more than his indictment of the county's various administrations- their oft-cited penchant "ready, fire, aim" management.

It's looking like another fiasco is in the making as the council once again considers an eight-year-old bill to re-establish camping at the popular Lydgate Park despite the fact that nothing has really changed- at least for the better- since the bill was shelved back in 2005.

Back in the 70's Lydgate was thought by haoles to actually be spelled "Lid-gate" where mainlanders could easily purchase a "lid" of pakalolo from one of the locals' back-yard "money trees," leading to a wild-west milieu and eventually a murder that ended camping there.

The bill was snatched from the jaws of passage out to the full council at last Wednesday's Public Works Committee meeting by Councilperson Mel Rapozo's request for a deferral for two weeks after the rest of the council didn't seem to care about the myriad lies and coverups from Parks and Recreation Department Director Lenny Rapozo.

Lenny Rapozo was aided and abetted by Furfaro who, as usual, put public testimony up front before Rapozo was questioned by the council, making sure that no one but the council itself could point out the naked nature of the emperor.

The biggest dirty little secret of the whole camping at Lydgate venture- other than that virtually no one thinks it's a good idea- is that there is one, count 'em' one, regular men's toilet for the whole campgrounds.

When camping is in full swing it is expected to accommodate up to 400 campers and that doesn't include those using the nearby three soccer fields who are also expected to use the same facilities.

Oh, and by the way, that toilet is broken.

But when council watcher and "nitpicker" Glenn Mickens asked Furfaro about the fact that the number of toilets didn't come anywhere near the state Department of Health (DOH) standards for people-per-potty, Furfaro tried to go into one of his classic misdirectional spiels about how the bathrooms were now American with Disabilities Act (ADA) compliant.

When Mickens tried to clarify what he was asking Furfaro threw one of his puffy-chested hissy-fits chiding Mickens for interrupting his non-responsive answer and refusing to not answer further until later in the meeting when no one was there to stop him from not answering.

The obfuscation didn't really get going until Rapozo took the hot seat, but first the United Public Workers union rep told the council that the three workers that were agreed to back in 2003 were no longer sufficient. With the additional soccer fields and the 150% increase in usage of the park now, even without camping they could barely keep the park clean, especially after picking up dog poop from the dog path first thing every morning.

Even worse were their concerns about workers' security and enforcement issues with overnight drinking permitted in county parks, not to mention the location of the park- snuggled between resorts in the middle of the visitor destination area, directly adjacent to the town of Wailua- and the lack of park rangers after 10 p.m.

The bottom line is apparently that Lenny Rapozo won't budge on the number of maintenance workers- an obstacle which councilmembers also tried to play down so the bill could be passed and the increase in cost for running the campgrounds could be dealt with later, no doubt as a "surprise" to the council.

One of the great moments came when Furfaro was finally free to do his "chronology" without Mickens there. First he told the union rep about the ADA compliance of the bathrooms- failing to mention how the whole campground had to be ripped out and rebuilt in '04 under then "Community Assistance" Director, current Mayor Bernard Carvalho.

Carvalho had authorized putting in the ADA campsites without any clearance or even consultation with either the state disabilities board or the mayor's ADA coordinator, whose office was just down the hall from Carvalho's.

The way they were constructed, people would have had to get out of their wheelchairs and crawl on their bellies to get onto the camping platforms, according to testimony at the time.

Furfaro was describing how the now-almost-rebuilt pavilion in the campground had burned down. The union rep asked "when was that?"

Furfaro responded "at night."

Anyway Rapozo was questioned by Councilmember JoAnn Yukimura whose first question was whether the ADA requirements were done and whether they "satisfied (and were) approved" by the DOH.

Rapozo answered that the "retrofits" were "done."

"Done?" asked Yukimura, seeming perhaps to have differing information.

"Well, in process," said Rapozo, who now admitted that they are still doing the "modifications" and, in answer to when they would be done told the assembled that the pavilion would be done "next week" and finally, after further prodding, that the ADA retrofits would be done "soon thereafter."

Following that little tooth-extraction Yukimura continued asking about the DOH requirements to which Rapozo responded that the bathrooms were indeed "clean."

When Yukimura finally asked specifically about the number of toilets per user and whether the DOH had signed off on that, she was confronted by what now has become a classic "Rapozoism."

"I'm gonna say yes," said Rapozo, "because I've gotta believe that when this concept first came," somebody must have checked with DOH and it was "done right."

Finally he admitted, under more questioning, that "the site hasn’t been changed since its inception."

But apparently no one bothered to go back and look at the minutes of the meetings in 2003 when the original bill was passed allowing camping and 2005 when the current bill revising the first one was introduced.

Because the fact that there weren't enough bathrooms was the reason why then Council Chair Kaipo Asing lit his hair on fire, finally "permanently" deferring the bill until that and a bunch of other matters were addressed by the administration of then-Mayor Bryan Baptiste and his "parks" guy, Carvalho.

Another indication of just how clueless Rapozo is came up when they were discussing the state-mandated administrative or "ad" rules that would have to be "promulgated" once the bill was passed under HRS Chapter 91.

During a discussion of whether the three workers currently employed for the park's maintenance were enough, Rapozo once again told the council that "I gotta believe that" the then-administration thought that there were enough for camping.

Then when Yukimura mentioned that the ad rules would require a public hearing, Rapozo actually responded by saying "not these."

Well Kaua`i does have its own way of doing things and in Lenny Rapozoland perhaps HIS ad rules don't require hearings. But in the state of Hawai`i they do.

Finally, as it looked like the bill just might be sent to the full council with the committee's approval Mel Rapozo- no relation- told the council that "there's one toilet and it's broken," calling for a deferral until they asked the DOH to provide, in writing, what the requirements actually were.

That, Mel Rapozo said, is because he remembered back in both '03 and '05 when one of Asing's famous PowerPoint presentations showed DOH documents stating that the bathrooms did not in fact meet the DOH requirements... they didn't even come close.

And that was just for the campgrounds- without the soccer fields or the pavilion which where not included in the original plans.

"That park is not ready for camping" said Mel before asking for and getting a deferral after embarrassing the rest of the councilmembers who previously had been poised to look the other way at all the same problems that had caused the bill to sit in committee for six years.

On Kaua`i if you want to be "made" in county government and be assured that no matter what kind of scandal you’re involved in- even if you're fired from one job for anything from incompetence to malfeasance- you'll always have an appointed job somewhere, you need to show all that you can sit there an lie to the council with "that's my story and I'm sticking to it" aplomb.

Lenny Rapozo's bonefides for appointment were apparently solely that he was Carvalho's campaign manager. But his ready, fire, aim hall of fame performance last Wednesday, has apparently assured us that we'll have him around to entertain us for years to come.

CRETINS FORM THE BLACK LAGOON

CRETINS FORM THE BLACK LAGOON: It doesn't take an engineer to know that the county's effort to dredge and restore the Morgan's Pond's at Lydgate has resulted in a mammoth mess of suspended silt permeating the once pristine pools.

Perhaps the fact that there wasn't one there at last Wednesday's meeting is why Kaua`i County Council members and administration officials took it upon themselves to decide to do nothing about it and kick the can down the road for at least four months.

But that's what happens when you appoint your otherwise-unqualified, former campaign manager to head up the Parks and Recreation Department- as Mayor Bernard Carvalho did with Lenny Rapozo- and then fail to consult the engineers in the Department of Public Works (DPW) on a project like this.

It's no wonder County Engineer Larry Dill wasn't the the one sent in response to the council's "request... for the Administration to provide the Council with a status report on the Lydgate Pond Restoration Project" and Rapozo showed up- because Dill, who is new to the county, might have told the truth- that the ponds could be screwed up for years due to county ineptitude and negligence in allowing the project to proceed the way it did.

Rapozo tried to paint a picture of a normal result of the project, telling the council that it will only take six months to get rid of the "turbidity"- a fancy word for the mud and muck suspended in the pool- if we "let mother nature take it's course" and do nothing.

But between Rapozo's "don't worry be happy" message he also described what actually happened.

Seems that the idea was to dredge the "sand" that had accumulated over the last almost 50 years and use it to replenish the beach. But instead what happened instead, and "surprised" the county according to Rapozo, was that the "sand" only went about three feet deep and below that was pure silt and muck.

Not only that but the sand itself was so full of trash and mixed with the silt that the state Department of Health won't let them use it on the beach so it sits in a pile now- replete with "coke cans" and "cigarette butts" according to testimony- with no one knowing quite what to do with the mess.

And, according to many who have actually been in the pond, anyone attempting to stand up in it will sink at a foot or more into the bottom "like quicksand," as it was described.

So in other words despite a decade-and-a-half of planning and obtaining the permits no one bothered to take a core sample to see what was there and just assumed it would all be pristine sand, not the garbage-strewn silt-sand mix that was actually present.

The real problem in fixing it is that when they dug up the giant boulders that had fallen into the pool from the barrier "wall" that created the ponds, and piled them back on it, it created a situation where all that 50 years of silt that had come from the adjacent Wailua River mouth and flowed into the ponds is now "sealed in."

And of course it will keep out any sand needed to cover the quicksand.

The Lydgate ponds are, of course, one of the "jewels" of the island- a must see attraction for tourists and a mainstay for local parents and their keiki. It also is- or was- one of the most recommended snorkeling locales in Kapa`a/Wailua where, according to many, the Kapa`a area snorkel rental outlets are still sending their customers.

As a matter of fact the whole mess has resulted in a new activity for many local people- standing around and watching what happens when the tourists- especially those with rented snorkels and fins- come out covered in muck after 30 second dip in the muddy mess.

Apparently the project was done without involvement of the DPW building and engineering divisions and may be one of the reasons why Carvalho has recently ordered all capital improvement projects be run through DPW.

But that won't change the past or clean up the mess at Lydgate, the perusal of which was deferred without action until November by the council.

Meanwhile, for those that claim there's nothing to do on Kaua`i, there's a new show down at Lydgate... watching the pissed-off, muck-caked tourists struggle to free themselves from the quicksand.

A ROCKY HORROR

A ROCKY HORROR: Reading the newspaper this morning made us check whether we’d stumbled into a time warp reminding us that the more things change the more they remain insane.

As a kid we were struck by various things upon arrival in the islands, not the least of which was the fact that Native Hawaiian (as kanaka maoli were called in those days) were being born and dying on “the list” waiting for their promised homesteads and that some of their most sacred sites- specifically the island of Kaho`olawe and Makua Valley on O`ahu- were being routinely bombed by the US military.

And though the reclaiming, if not the reclamation, of Kaho`olawe was won as one of the first actions of what’s commonly called the Hawaiian Renaissance, people are still dying on the list and, although the bombing has been suspended for a few years due to lawsuits and activism, the military had been successful in keeping the door open.

So today’s news that the military promises it will end the madness in Makua- and move it to the Big Island, poor dears- and that the Intermediate court of Appeals has reinstated a lawsuit by the Native Hawaiian Legal Corporation (which also filed suit in the Makua case), to enforce a constitutional provision from 1978 requiring the legislature to provide funding to clear “the list”, is kind of creepy.

But another battle from those days- one that seemingly will never be completely won- has reared it’s ugly head- once again plans are in the works to dam up Wailua River and build a hydro electric plant.

A press release we received today from Kaua`i Island Utilities Co-op (which apparently does not appear at their web site)- notable for the fact that it fails to mention the location of the project- says that KIUC

this week signed a memorandum of agreement with Free Flow Power Corporation, which will allow the two firms to jointly explore the development of hydroelectric energy projects on Kauai.

And as if designed to double us over with laughter it announces that:

KIUC's involvement will ensure that any such development will engage the community in broad discussions about appropriate technologies, locations and the wide range of environmental, cultural, economic and other concerns.

“This is the first step in a lengthy public process to explore the viability of several hydroelectric projects. Our members have long recognized the hydroelectric potential on Kauai, and we feel now we have the financial resources and the proven developer to move forward,” said David Bissell, acting CEO at KIUC. “We hope to create a climate that insures an opportunity for our members to participate in an open and transparent process of evaluating hydroelectric opportunities.”

Apparently the first step in transparency is failing to mention where the projects will be located and how to present testimony if you might happen to still oppose damming Wailua River like you did the other at least three times they tried to do it.

But it wasn’t like KIUC was just putting out a press release in the name of openness and good community relations.

We don’t know for sure but their hand might have been forced by a widely circulated email earlier this week from Judy Dalton of the Kaua`i Sierra Club who saw the legal notice in the newspaper, did a little snooping and sent out the alarm saying that:

Wailua Falls, one of Kauai's most visited natural treasures, will be in for some changes if this permit for a dam is approved.

There are more environmentally-sound options to harness hydro power. Please read and send comments to keep the river intact and the falls free-flowing.

She describes the project, taken from the legal notice, writing

A public notice was posted in the Garden Island (11/16/2010) with a request for a "preliminary permit" to study the feasibility of a Wailua River Hydroelectric Project. The project is to make electricity and includes: "a 503-foot-long, 23-foot-high earth-filled, roller-compacted-concrete dam creating a 35-acre reservoir with storage capacity of approximately 430 acre-feet" It also includes a 20 foot high intake structure, fish screens, a closure gate, a penstock, a powerhouse of 60 X 40 feet, channel to return water to the river, (below the falls) a switchyard with transformer, and almost 2 mile long transmission line to the Lydgate substation. No mention is made of roads and other changes that would be necessary. "The estimated annual generation of the Wailua project would be 20.7 gigawatt-hours."

So what’s wrong with that? Judy writes that:

Such a project will remove and reduce the water flow over the falls, create a large reservoir, cut up the land to make roads and other structures. Dams change the chemical, physical, and biological processes of river ecosystems. They alter free-flowing systems by reducing river levels, blocking the flow of nutrients, changing water temperature and oxygen levels, and impeding or preventing fish migration. Dams and reservoir are being decommissioned all over the mainland because of problems occurring which initially were unforeseen.

But don’t we need renewable power and so don’t we need to dam the river to get power from it?

The answer, according to Dalton is a resounding “no” saying

Harnessing power from the Wailua River could be done by a "run of the stream" project far upstream with NO diversions, NO interference with the fall themselves and NO man-made reservoir. Click here to read about Run-of-the-River or Stream hydro power.

So what can you do? Dalton says

It is important that there be many letters expressing reasons for disapproval of a dam on Wailua River. The company requesting to build it is also looking into other possible water projects on the island which are "run of the stream or ditch" projects, which would be preferable to a dam on Wailua River.

Please write comments on the Federal Energy Regulatory Commission website NO LATER THAN JANUARY 16 (11:30 am Hawai`i time, 4:30 pm EST) Go to http://www.ferc.gov/docs-filing/ecomment.asp to make comments on-line Click on "ecomment", which takes you to a screen to enter your name, email address and a code provided. They then email you a link to write comments. Enter Docket P-13874. It will then show a box with a plus sign which you click and you can proceed to write comments. Keep to less than 6,000 characters; include your contact information and submit. If you need help with the website, contact Toll-free: 1-866-208-3676 (8:30 a.m. to 5 p.m. EST)

OR send a letter with 7 copies can be sent to arrive by January 16 to:

Kimberly Bose, Secretary Federal Energy Regulatory Commission

888 First St NE

Washington, DC 20426


Here is the link for finding the Wailua River Dam application online and searching for docket number P-13874. Already a dozen people have written testimony opposing the project.

It’s understandable that some quick buck artists from the mainland would see Wailua and think that damming it up would be a good idea.

But the fact that KIUC is trying to pull a fast one and put out bogus press releases that fail to mention the location and plans for a project that has been rejected by the community many times for over 40 years is, though par for the course for KIUC, a despicable con job and a slap in the face of we so-called “members”.

----

We’re taking a long weekend- see ya next week.

ENHANCE THIS

ENHANCE THIS: Words matter. And when words change so can facts related to them.

It’s all part of the way the “big lie” works.

Just this morning, as if designed to give us a lead-in to how the coastal “bike path” became a “shared use” or “multi use path”, Ian Lind quoted a Mike Middlesworth article at Truthout.org, explaining how the media plays its part:

The oligarchy that owns and runs our government and controls our mass media has learned Goebbels’s lesson well: A lie unanswered is a lie believed – more so if the lie is repeated, over and over again.

Accordingly, a successful propaganda campaign must accomplish two essential and coordinated tasks: (a) tell the lies, and (b) see to it that they are not effectively refuted. The six media conglomerates that now control most of the US media accomplished both tasks supremely well.

So it’s no surprise that the somewhat clueless Leo Azambuja led his latest article on the bill that will no doubt be passed this Wednesday- after what he called “a long day of contrasting testimony from both sides of the dog-path issue” (emphasis added) last week- by saying:

The question of whether the county should allow dogs on the shared-use path has carried on for several months...

But why not? He has bought into the same big lie that any number of genuinely confused constituents have swallowed after being bombarded with propaganda by any number of “don’t confuse me with the facts”, misinformed misanthropes who insist that it’s not a bike path but one for any and all uses... even uses that make bicycling so dangerous to all as to make it all but impossible.

The fact is that the path originated through $40 million dollars of federal monies distributed by the state called Transpiration Enhancement (TE) funds.

The funds are specifically to be used for one of 12 activates acceding to 23 U.S.C. 101(a)(35), the most common being bike paths that provide for, well, transportation enhancement.

TE funds require a 20% match from the recipients. In our case that 20% came from donated lands the biggest portion of which, until recently, came from the Kealia Kai “gift” of coastal lands between Kealia and Kuna Bay (aka Donkey Beach).

The matter almost came to litigation when Attorney Bill Sweeney, representing several condos in Wailua that were slated to have the path run between their complexes and the ocean, threatened suit causing the county to move the path behind the condos.

Here’s the pertinent part of what he wrote at the time in convincing the county to change the route of the path lest they be sued for misusing the TE funds, according to administration testimony before the county council:

Transportation Enhancement (TE) Must Relate to Surface Transportation.

It is questionable whether the shoreline path relates to surface transportation and not recreation as required by applicable law. Each transportation enhancement (TE) project must relate to surface transportation and meet one of the 12 eligible activities [23 U.S.C. 101(a)(35)]. Applicable federal regulation clearly indicates that TE funds cannot be used to fund bike & pedestrian facilities that are solely for recreational use.

According to the language under 23 USC 217(1), "No bicycle project may be carried out under this section unless the Secretary has determined that such bicycle project will be principally for transportation, rather than recreation purposes".

Public support for modifying the pristine beach along the shoreline path with a concrete path or boardwalk is likely based on their misconception that the path will provide recreational opportunities. For example, in several articles in the The Garden Island Lester Chang reported as follows:

December 22, 2003: "The entire project would greatly enhance recreational needs in the Kawaihau District, the largest population area on the island, county officials have said."

March 6, 2004:

"The entire project is intended to enhance recreational opportunities in the Kawaihau District, which boasts the largest population of the island." (Emphasis added) The State of Hawai`i and Kauai Count must justify the shoreline on the basis of primarily benefiting transportation and not for recreational purposes.

The Inland Roadways route (Alternative 2) and the Canal Path route (Alternative 3) more clearly satisfy the objective of enhancing transportation in that they have a closer relationship to Kuhio Highway and are more likely to serve a transportation purpose. As discussed, the Inland Roadways route (Alternative 2) and the Canal Path route (Alternative 3) also avoid potential significant environmental, archeological and ecological concerns.

The number of examples and quotes have increased exponentially over the years, now numbering in the dozens from the newspaper and no doubt hundreds in minutes from county meetings.

And now, with the evolution of bike path to shared use path to dog path, the proof is in the pudding... or piddling as it were.

No one, despite dozens of requests- including a formal letter from then Councilperson Shaylene Iseri Carvalho to the state DOT just before she left office- has ever produced a determination from the federal secretary of transportation.

Some have gone as far as to claim that there never were any TE funds. But a simple visit to the county public works department will turn up the paperwork, as Building Division Chief Doug Hague will provide and attest to.

This weekend after reading in the announcement of the reelection bid of “shared use path” proponent Tim Bynum that he “wrote the initial funding proposal that started the shared-use coastal path project and continues to support its expansion” we asked him to explain and he confirmed that the $2.5 million in his proposal for the Lydgate Kamalani "Bridge", a maintenance shed and part of the path- as well as the other $40 million- came from TE funds.

So what? Well the addition of dogs to the strollers, kids roller-skating, people in wheelchairs and any number of future cat and even turtle walkers on the path (as has been discussed in council sessions) it has been said that it is now simply unsafe to have bicycles there- especially those using the path for 30 mph “transportation”- and perhaps we should move to ban bikes.

Banning bikes from a transportation-use bike path would seem pretty absurd. But when you call it a shared or muli-use path, well, anything goes doesn’t it?
We’re sure some troll will comment that we’re wrong. But then again that’s how the big lie works.

GLAD WE DIDN’T STEP IN IT

GLAD WE DIDN’T STEP IN IT: Abso-freakin’-lutely bizarre.

What else can you possibly say about the county’s decision that, after all these years of putting everyone through convoluted conniptions so they could run the “coastal” bike path across the busiest highway intersection on the island and through the Safeway and Foodland parking lots, they’ve decided to start from scratch and do what they said was impossible- run the path along a makai route where it belonged in the first place.

Or, maybe not so bizarre.

The brief announcement from the county was pretty vague- and buried to boot. After a comparatively long and final “screw you” to those who want the path entirely off Wailua Beach, way at the end it says:

The mayor also noted that due to the cost and safety reasons, phase three of the multi-use path, from Lydgate to Lihi Park, will be aligned makai to avoid crossing Kūhi`ō Hwy. and the mauka leg will be postponed until a later date.

This change will require several additional steps including: land acquisition; a supplemental Environmental Assessment, a special management permit; and design work.

Even reporter Mike Levine of the local newspaper- who presumably hasn’t been around long enough to know a tenth of the background of the various scams that caused the mauka route to be chosen- wasn’t buying county’s obfuscation and wrote his own lede stressing the “new alignment”.

After apparently obtaining a county map he writes:

The new leg would head makai from Papaloa Road where it meets Coconut Marketplace, between the Kaua`i Sands Hotel and the Aston Islander on the Beach, before turning north and staying behind the Kaua`i Coast Resort at the Beachboy and the Aston Kaua`i Beach at Makaiwa, a county map shows.

Those who have followed the long and winding corridor’s saga will remember that it became obvious through testimony before the county council by Department of Public Works Building Division Chief Doug Haigh- going back to the Maryanne Kusaka administration and continuing through Bryan Baptiste’s reign- that the mauka alignment was chosen after a convoluted deal was struck with Safeway and Foodland to give the county land for the path in exchange for concessions from the county over the infamous “Safeway Bridge”.

For those that don’t remember, in 1979 when the Foodland and Safeway shopping centers were granted their commercial zoning one of the requirements in the ordinance was that they build a pedestrian bridge connecting the two stores so as to divert at least some traffic from the highway.

Citizens demanded a vehicular bridge but those were the days when corruption was even more rampant than today and public input meant diddly-squat when countered by developer’s demands.

But even the “compromise” condition was never satisfied and in the late 90’s the two owners tried to get the council to throw out the conditions because it was holding up a lot consolidation the Safeway owners needed to sell the shopping center.

It was supposed to be a done deal until a member of the public, Tracy Murakami, came forward at the public hearing on the bill and objected saying she wanted the bridge so she didn’t have to drive every time she wanted to shop at both stores.

That started a groundswell of support for the bridge especially from council regulars and set off the Battle of the Safeway Bridge.

People were outraged that the condition was ignored for 20 years and both sides started coming before the council over a period of months, the public with evidence of cover-ups and lies by the two corporate owners and the owners, with the backing of the state DOT, trying first to say the narrow, four-foot walkway on the highway bridge- with no guard rail and traffic whizzing by inches away- was good enough (even for a stroller with her newborn baby in it when Murakami brought it up), then saying there was nowhere to put the bridge- which Murakami and others pictorially showed just wasn’t true.

But after Kaipo Asing- then still a champion of the people- went out, tape measure in hand, and did his own investigative work and one of his famous “Kaipo Explains It All” presentations, the council refused to remove the requirement and even passed an ordinance saying “build it now... or else”.

But the “or else” wasn’t really specified. So cut to almost a decade later when Councilpersons Mel Rapozo and Shaylene Iseri-Carvalho got wind of the lack of enforcement.

The council then went through the whole thing again- and again said build it “or else... and we mean it this time”.

Then cometh the bike path and Haigh, the county’s chief cook and bottlewasher on the project, came up with a plan that would both fund his bike path and settle the bridge controversy.

The main appropriation for the bike path- the original $40 million in “transportation, not recreation” federal funds needed matching funds from the county. The Kusaka administration had worked a deal to use the “gift” of the Kealia Kai mauka region land to offset a good chunk of it.

But they still needed more.

The deal was that in exchange for rights to a strip of land for the bike path to run through their valuable commercially-zoned land, Safeway and Foodland would only have to pay a nominal amount for the actual bridge itself and the county would maintain it as part of the “coastal” bike path which would now cross the highway and wend its way through the busy parking lots.

Haigh told the council that it would be impossible to get all the land for the path to go through the Coconut Marketplace and all the hotels in the makai area and detailed other physical barriers. There was no choice but to go west.

But as everyone knew the county couldn’t just decide not to build that portion because “the path must go on” to make sure that it would be “continuous” from Kealia to Lihu`e- a requirement since a “transportation” path couldn’t very well have breaks in it.

So why the change? Or more to the point why the change now after buckets of money and time have been invested in the mauka alignment and other plans are already in place along the canal- having been piggy-backed onto the bike path- for things like the Pouli Road connectors to ease vehicular traffic?

For one possible explanation you might look at the agenda for the February 17 council meeting under “Legal Documents”. There you’ll find this:

C 2010-46 Communication (01/15/2010) from the Director of Parks & Recreation, requesting Council approval to secure a shared-use path easement at the Kaua`i Shopping Village (TMK 4-4-3-08:14) in exchange for a parking and pedestrian access easement at Waipouli Drainage Canal.

This is apparently the land deal that finalizes all the previous contortions and now that all is in place the county has it’s “value” to be able to reap more of the matching funds required for the federal grant.

Of course the actual time and money the county has put into this now apparently defunct portion of the bike path is probably quite staggering although the real accounting is still in limbo.

The actual figure for cost to date was one of those “29 questions” that the council asked and which the administration has yet to answer regarding the bike path. The questions were left unanswered when Rapozo and Iseri left the council and no one else - especially original bike path zealot Tim Bynum who now chairs the Parks/Public Works Committee and has no interest in the questions, having said they were “all answered” as far as he was concerned- seems concerned about where the money went and where it’s going in the future.

Of course the county says the mauka portion is being “postponed” but when in the heck do we need an unconnected-to-anything bike path through a parking lot for now. In Kaua`i government parlance postponed usually means when hell freezes over. And of course they have to say that or it would make all efforts to secure the mauka route the farce it really was... apparently all along.

If that isn’t the answer what exactly changed so dramatically in the couple of weeks since the council approved the land deal? Either way they go some ‘splainin’ to do although no one is holding their breath.

Egad- we feel like Paul Harvey.

Correction: Tim Bynum is the Chair of Public Works and Elderly Affairs Committee, not Public Works and Parks. Lani Kawahara is the Chair of Parks and Transportation.

A LEG UP ON THE BONEHEADS

A LEG UP ON THE BONEHEADS: Joan Conrow’s blog has been the go to place for all things bike-path boardwalk-on-Wailua-Beach lately. But one click away from her most recent thoughtful reporting and opinion is a shit-storm of racism, white privilege and outright genocidal blather from a group of trolls we pretty much banished last year.

Joan’s whip and chair approach has tolerated a group of anonymous “I think that” commenters- hilarious in it’s not-so-oxy moronic content- that have gravitated to her site and caused most sane readers who want to stay that way to avoid clicking that comment button lest they boil their own blood.

But not Ann Punohu who has recently started up her Punohu’s Politics, Environment and Culture Blog and made the mistake of visiting Joan’s repository of wretched rhetoric.

Never one to back away from a good fight over cultural slights, Ann has posted a series of responses to some of the worst examples of why the word “haole” is often preceded by a certain adjective and awarded her Racist Residents Of The Year Award for 2009 to a couple of malahini morons.

“Al and Judy” actually said:

We certainly haven't come to Hawaii for the "culture". We hate Hawaiian music, food, cultural (pagan) practices, etc.

We love the ocean, air, tropical environment.

We've come here for years and now own property on a couple of islands. I'll make a bleedin' fortune in the next development boom with one of them.

Wouldn't mind if it looked like Malibu Beach, though.

Ann’s hilarious response was:

OK, It is official. Racists have landed on Kaua`i. And I don't mean the garden variety racist, I mean the full blown I am so proud of myself white supremacist racist

These people own property, and like the path on the beach. And they HATE Hawaiian history, or so they say.

Joan has a slight uku infestation on her blog. A group of "anonymous" posters who just like to yank everyone's chain.

Some of the posts were so ludicrous I really did think they were jokes.

Apparently though, these people are serious. And serious racists. They certainly tried to cook me over an open fire. Didn't work though. I give em right back...

Apparently Romper Room was in session over there, and the kids were throwing spitballs at the teacher, me.

I was just trying to stuff a little knowledge into their apparently racist heads, but they were so full of hot air there was no more room between their ears.

The question that must be asked in light of the divisiveness of the issue is a political one- why on earth would Mayor Bernard Carvalho risk his all-but-given reelection next year with two “that’s my story and I’m sticking to it” recent decisions, guaranteed to not just make people think twice before voting for him but to actually lose votes without any apparent political gain.

The decision to put the new landfill on arguably the most profitable in-use ag land on the island was bad enough but at least there it’s a matter of fulfilling a campaign promise and could even be seen by some to be a courageous decision that has been avoided by mayors and councils since Uncle Tony Kunimura’s days.

So why the boardwalk on the beach?

First of all we have to remember a key fact- one that the “multi use path” proponents would like to forget. In order to fulfill the requirements for initial $40 million in federal funds the path has to be primarily “for transportation, not recreation”.

It’s apparent by now that there is only one factor that matters in that determination and it seemingly has nothing to do with what anyone in government says about the path in selling it to the citizenry.

To be for transportation the path has to go from point “A”, just north of Kealia, to point “B” in Nawiliwili in a contiguous manner with no “breaks” .

People say “well why not go mauka as the path already does by going through the Safeway/Foodland parking lot and extend that “canal route” portion all the way past Coco Palms and simply re-cross the highway at the Wailua Homesteads traffic light rather than the Wailua Houselots light”?

Seemingly that wouldn’t be a problem and a decision by Carvalho to do so would be a politically wise one considering this is one of those “I’ll never vote for him again because of this” issues.

So what’s the catch? Well once the ins and outs as the path winds and wends it’s way through Kapa`a are settled there’s the matter of what happens to it at it’s current terminus at the Kamalani Bridge at the end of Lydgate Park when it currently loops back on itself.

Few were apparently paying attention to the future plans when the administration first made it’s proposal for a boardwalk on the beach, not on Wailua Beach but to get past the Wailua Golf Course.

It seemed that the alternatives were all bad ones when the administration went before the council a few years back to present the initial alternatives for the golf course section.

For anyone who hasn’t been down there the golf course goes right up to the beach where the greenery and grass ends and there’s a drop off onto the thin section of beach.

One proposal was to run the path along the edge of the grass. But that would be a lawsuit waiting to happen as soon as an errant golf ball hit one of those on the path. One solution proposed was to put up a 10 foot high fence but of course one of the most attractive things about the course that at one time won national honors is that you can see the ocean as you play and lose your ball in the ocean if you’re not careful.

That’s when the words “boardwalk on the beach” were first mentioned although the idea appeared ludicrous due to the continuous natural erosion of that strip of beach and land and the coming raise in sea levels that threaten coastlines all over the world.

Nonetheless that was when the “temporary” boardwalk, one that can be removed when a storm is threatening or if erosion catches up with the construction became the favored solutions despite concerns raised before the council by experts on coastal erosion about after more permanent sections were already completed, along with predictions of maybe a 10 year span of life before they become inundated.

The “it can be removed” part of the boardwalk concept is actually part of the EA no matter how apparently silly it sounds.

People opposing the boardwalk have missed a valuable argument in the fact that the “stakes” that are dug over the ‘iwi will not just be dug once and left there but could conceivably be taken up and put back on a semi-regular basis, especially if the waves themselves remove them

So the Wailua boardwalk is actually a test- one on a much wider section of beach- that, once it has been approved and laid will serve as a precedent when it comes to getting the path past the golf course.... and on down the coast where the topography is much the same and where the cost and difficulty of obtaining the land won’t be the impediment it appears to be now.

(By the way- does anyone know the status of a Conservation District Use Permit and/or DLNR approval?)

People are so focused on the cultural desecration involved that no one is even questioning the absurd engineering and environmental concept of putting a boardwalk on a beach that’s regularly inundated by the ocean..

Seems Bernard is apparently willing to take his lumps on this so he doesn’t have to answer for not completing the path.

A “CONCERTED CONSPIRATORIAL EFFORT”?

A “CONCERTED CONSPIRATORIAL EFFORT”?: A few years back the Kaua`i County Council finally discovered the best way to manipulate the dialogue before the cameras during what some of them call “the show” by taking required testimony on agenda items before and only before their discussions and then, if it’s embarrassing, finding a way to deflect it- often by answering a different question or addressing a different topic than the testimony raised.

Never was that more in evidence than at the last council meeting when the subject of former Kaua`i Police Department (KPD) Chief KC Lum’s lawsuit against the county was addressed.

Council watchdog Glen Mickens had the temerity to state that the persecution and dismissal of Lum was a “concerted conspiratorial effort” which, as the local newspaper’s Michael Levine reported, was met with vehement denials by two of the Minotaur’s gate keepers, Councilmembers Darryl Kaneshiro and Jay Furfaro, and the bone-gnasher himself Chair Kaipo Asing.

But what those who read the article or watched the cablecast of the meeting might have missed was the slight of hand on the council’s part in addressing, not the agenda item detailing an appropriation to fight the Lum lawsuit- which was struck down again in federal court at the 9th circuit level days before, apparently unbeknownst to the council at the time- but the separate somewhat related case of ES-177 which was “won” by the county weeks ago in Hawai`i Supreme Court.

The smoke and mirrors, hocus-pocus was because the charge of there having been a “concerted conspiratorial effort” to get rid of Lum would be difficult if not impossible to deny by anyone who really followed the saga from start to finish.

The first thing about the 9th Circuit decision that should be noted is that they did not rule that there was no conspiracy to get rid of Lum in general, just that it wasn’t race based.

As reported in another article- this one on the 9th Circuit decision itself- the court specifically said:

Lum and attorney Clayton Ikei failed to show former county Finance Department Director Michael Tresler acted with conspiracy based on racial bias when Tresler canceled Lum’s employment agreement (emphasis added)

The second important thing was that the decision was based on the “fact” that former Police Commission Chair Michael Ching showed bias in the hiring of Lum, based on a Board of Ethics (BOE) case that was enforced by the county council after a BOE “trial” of Ching which was held behind closed doors at Ching's behest.

It should be noted that fellow Police Commissioner Carol Furtado was brought up on the same charges of favoritism but chose a public hearing of her case resulting in an acquittal, most observers believe, because it was held in the open.

But looking at the whole sad story it would have been truly absurd for the council to claim that there was no concerted conspiratorial effort in Lum’s firing.

Let’s remember how it happened concerning at least two pertinent events.

The whole business started when former Councilperson and former KPD Officer Mel Rapozo came onto the council along with now Prosecutor Shaylene Iseri-Carvalho, both of whom held a grudge against Lum for events in their past.

Rapozo had been in the room during the infamous “lap dancer” molestation incident and Lum was the lieutenant on duty that night. When Officer Darla Abbatiello- who later sued and won a suit for harassment against the department and county- burst into Lum’s office and told him what was happening down the hall, Lum had no choice but to report the incident- something Rapozo and others to this day claim resulted in the firing of the “three good officer” who molested the “lap dancer” and the resignation of Rapozo who, supposedly, “just” stood by watching and laughing.

Iseri’s grudge came from a party she was hosting at Lydgate Park pavilion where the level of noise and boisterousness was such that a complaint was filed and Lum was the responding officer. A drunken Iseri, then a deputy prosecutor, confronted Lum when he came a second time to tell her to break it up and she always held a grudge based on the incident according to multiple sources.

Then came ES-177 and, according to an OIP letter to County Clerk Peter Nakamura during the back and forth about releasing the minutes, Rapozo went off on the whole department, especially Lum, detailing what he saw as injustices.

Rapozo obviously thought no one would ever know what he said since no executive session minutes had ever been released by the council- a fact still true today. Since it would have been embarrassing to the newly elected Rapozo had the minutes been released Chair Asing took the opportunity to try to corral the “maverick” Rapozo and hang the ES content over his head, assuring compliance with Asing's wishes and machinations over the next two council terms whenever Rapozo’s enthusiasm got in the way or “rocked the boat” as Asing is fond of saying.

It was in fact Asing who filed the charges with the BOE against Lum, at first on council letterhead and then, when he realized the whole council had never approved such a charge and that it would have indeed been an ethics violation to use his office to file the complaint against Ching, he said he made a “mistake” and said he was filing as a private citizen.

But the real heart of the conspiracy occurred at the mayor-appointed, council-confirmed BOE. The Ching case was heard by a retired Maui judge in secret and the secret report was given to the BOE. But while the report the BOE released to the council seemed to indicate that Ching had indeed used his position to secure a special privilege for Lum that wasn’t what the full report indicated.

Citizen activist Richard Stauber came before the council during the council’s session held to approve the BOE report and had a copy of the full report in which the judge essentially said that nothing untoward had happened and actually exonerated Ching although he did allow the county attorney’s office to write up the summery judgment which is what the council considered without officially seeing the whole report.

Saying a “little bird dropped (the full document) in my widow” Stauber tried to present it to the council as part of his testimony. But the council, perhaps fully aware of the content and not wanting the full report to become part of the public record, actually not only refused to accept the document and but when Stauber placed it on their table they instructed staff to physically give it back to Stauber.

Though the document was presented to the then council-beat reporter for the local newspaper Lester Chang- whose writing skills bordered on incompetence and who was widely known for his kow-towing to Asing and his penchant for trying to please the council- he refused to report on or even mention the additional data making sure that the general public never heard about the full report.

Finally a reluctant Mayor Bryan Baptiste, who originally really wanted the whole thing to just go away but later came to see which way the wind was blowing, joined the conspiracy apparently instructing Finance Director Michael Tressler- who was reward with a cushy. do-nothing vice-presidency at a big local land owner Grove Farm- to terminate Lum’s contract, resulting in Lum’s retirement because if he had allow himself to be “fired” as chief it could have resulted in him losing his seniority and thus pension.

Many other little oddities occurred during the time, mostly related to Police Commissioner Leon Gonsalves’ “hop sing” letter.

That bled over into the Lum persecution which also involved supporters of current Police Chief Darryl Perry including his brother, prominent attorney Warren Perry, and the leadership of the police union SHOPPO along with others in the administration who had begun to understand that their support of Lum might lead to consequences such as when another officer was disciplined for circulating a petition supporting Lum.

Soon the silence in support of Lum was deafening and no one was left to say boo when he was canned.

We certainly haven’t covered all the elements of the conspiracy here. To find out more details, if you’ve never read former Honolulu Star Bulletin Kaua`i Bureau Chief Anthony Sommer’s book KPD Blue (see left rail) it’s about time you did. And if any of the names or terms seem unfamiliar you can cut and paste them into the search box at the top of the page to see our past coverage.

What’s perhaps most galling about last Wednesday’s council “show” was the little conspiracy in the room and the way councilmembers browbeat and intimidated Mickens because, although he sat through the whole debacle along with Sommer and PNN, he might not always be as quick with his wits and as ready for confrontation as we might be had we been there and been given the opportunity to say what we’ve said here.

So pick on someone your own size Kaipo, Jay and Darryl. Anytime, any place we’d be not just glad but elated to debate any or all of you on the topic of the “concerted conspiratorial effort”. No?- well your silence is deafening, especially given your treatment of other who may be less articulate when they appear before you and your avoidance of people who can verbally hold their own.

We feel that Lum made a mistake in trying to make the whole case about racial/ethnic discrimination rather than a general wrongful termination. We also feel like his attorney Clayton Ikei didn’t serve him well in the various courts. Since it’s doubtful Lum has the money to continue the fight it seems that the county’s victory at the three-judge-panel level of the federal 9th Circuit will stand.

To claim there was no conspiracy in general to reverse the hiring of Lum- who would have been approved by the commission even without Ching's vote- unfortunately serves as a lesson to those who might enter the Minotaur’s labyrinth- have your wits about you and sword drawn even when the dark is as dark as can be, lest you serve as grist for the bonemill.