Haw. Rev. Stat. § 10H-4
[L 2011, c 195, pt of §2; am L 2012, c 84, §2]
In 42 U.S.C. §1983 action brought by native Hawaiians and Hawaii residents of non-Hawaiian ancestry challenging statutory restrictions on registering for a "roll" of qualified native Hawaiians as violative of their First Amendment and equal protection rights, the public interest would not be served by a preliminary injunction to halt nonprofit corporation's private election of native Hawaiian delegates to a convention of native Hawaiians to discuss, and possibly organize, native Hawaiian governing entity. Plaintiffs were not likely to be deprived of any constitutional rights, and granting injunction would potentially affect approximately 100,000 people on nonprofit corporation's voter list who may want to participate in the process of self-determination. 141 F. Supp. 3d 1106 (2015).
While plaintiffs claimed that their inclusion on a roll of native Hawaiians through the Office of Hawaiian Affairs (OHA) registry violated their First Amendment right against compelled speech or right not to register to vote and sought preliminary injunctions to halt nonprofit corporation's private election of native Hawaiian delegates to convention of native Hawaiians to discuss, and possibly organize, native Hawaiian governing entity, OHA did not require affirmations of sovereignty or civic connection to native Hawaiian community. Thus, being on the roll did not compel statement as to sovereignty, and plaintiffs could have removed their names from the roll. 141 F. Supp. 3d 1106 (2015).