Dozens of people wore red in the Senate gallery Tuesday in unified opposition to legislation that would allow the state to do a phased review of archaeological sites.

Led by Molokai activist Walter Ritte, they have serious concerns about the impacts this process could have on ancient Hawaiian burials.

The Hawaii Supreme Court in August 2012 ruled that the State Historic Preservation Division violated its own rules by not doing an archaeological inventory survey of the entire Honolulu rail route before construction.

Sen. Clayton Hee spoke out against Senate Bill 1171, saying the Department of Transportation is “confused” in its interpretation of the law.

He said supporters — who say it simply brings state law in line with federal law that allows for phased review — have shown “flat out ignorance of what this bill does.”

“This is not pono. This is not aloha. This is not necessary,” Hee said, challenging his colleagues to cite the federal law that allows for phased review.

Sen. Glenn Wakai said critics claim the bill will allow for the bulldozing of historic site, but it isn’t true. 

“There are no exemptions,” he said. “We are both reading the same statutes, but obviously having very different interpretations.”

Wakai said the state has an excellent record of preserving the land and protecting historic sites, naming many examples of highways. People in the audience scoffed as he spoke.

Wakai cautioned that further delays due to litigation could end several projects.

“This bill is not about being disrespectful,” he said. “It is about allowing progress to occur.”

Sen. Laura Thielen also spoke out against the bill, cautioning that it would change the process in a problematic way. The crowd applauded her brief speech.

Hee said the bill is another attack on the host culture. He refuted the claims that the state has been a good steward of the land.

Sen. Sam Slom said he opposes the bill, but cautioned against bringing “ethnic divisiveness” into the debate. He said people of many different cultures care about this issue. 

The bill passed with 16 voting yes, many with reservations. Nine senators voted no. There were boos in the audience when Sens. Kahele and Solomon voted yes. 

Photos by Nathan Eagle/Honolulu Civil Beat 
(Above) Walter Ritte talks on the phone as activists head into Senate chambers wearing shirts protesting Senate Bill 1171. (Below) Sen. Clayton Hee speaks on the floor, April 30, 2013.

— Nathan Eagle