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Invisibleluvdemshrooms
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So, another addition to the "special" people list
    #1839684 - 08/22/03 05:13 AM (20 years, 7 months ago)

Kamehameha Schools told to make exception


? Alumni plan protest of decision at school's gate
? Ex-Kamehameha CEO sues Wisconsin lawyer

By David Waite and Vicki Viotti
Advertiser Staff Writers

For the first time ever, a federal judge yesterday ordered Kamehameha Schools to enroll a non-Hawaiian student and to allow the 13-year-old boy to remain at the school until the judge lifts his action.


Brayden Mohica-Cummings and his mother, Kalena Santos, flank their attorney Eric Grant outside federal court.
Richard Ambo ? The Honolulu Advertiser

U.S. District Judge David Ezra emphasized that he was not deciding whether the schools' Hawaiians-preferred admissions policy violates federal laws barring racial discrimination.

He said his action was meant solely to provide a fair resolution to problems faced by Brayden Mohica-Cummings. The boy had been accepted for admission, but the school rescinded that acceptance Aug. 13.

The boy's classes begin today.

In announcing his action, Ezra said the potential harm to the boy if he were not now allowed to enroll would far outweigh any injury the school might suffer by being forced to accept him. The judge stressed that Mohica-Cummings' admission could be rescinded if the courts uphold the schools' policy.

"The arguments raised by Kamehameha School are, quite frankly, quite compelling to this court," the judge said. "It's quite possible that the policy is legal and his attendance this year may be the only year that he attends."

But it wasn't clear yesterday when a court ruling on the policy might be coming.

Highlights of yesterday's action
? It's specific to this case

Judge Ezra did not rule on the constitutionality of Kamehameha's admissions policy, only on a fairness issue to the boy (his acceptance was rescinded after public school began).

? It may not last

If another pending case supports Kamehameha's policy, the boy's admission could still be rescinded. That case will be heard by Judge Alan Kay on Nov. 18.

The admissions policy has been an integral part of Kamehameha Schools, a charitable trust created by the 1884 will of Princess Bernice Pauahi Bishop. The trust, Hawai'i's largest private landowner, educates about 4,400 children of Hawaiian ancestry at Kapalama Heights and two other campuses.

Ezra's restraining order and injunction remain in effect while the Mohica-Cummings lawsuit is pending, but no trial date was set.

But a separate lawsuit could produce a definitive ruling on the issue. A similar challenge to the schools' admission policy was filed in June this year in behalf of an unidentified youth. The senior judge of the U.S. District Court here, Alan Kay, is scheduled to hear that case Nov. 18 and could issue a ruling on the validity of the policy under federal law.

University of Hawai'i Law School professor Jon Van Dyke, who specializes in constitutional issues, said Ezra's action was so narrow in scope, dealing only with a restraining order and injunction, that it will likely not have much effect on the other cases pending before federal judges here.

But the action could serve as a "road map" in helping attorneys on either side of the other cases prepare their arguments, Van Dyke said.

John Goemans, a Big Island lawyer who represented Mohica-Cummings, agreed that Ezra's action will have little effect on the case pending before Kay. Goemans said Ezra's action yesterday applies only to the unusual set of circumstances Mohica-Cummings was facing.

After Ezra issued his order yesterday, Mohica-Cummings looked entirely cheerful. The teen said he had come to O'ahu fully prepared to attend school, as if the legal hurdle never existed.

"I feel very good that I get to go now ... I have been excited since 'Explorations,' " Mohica-Cummings said, referring to the Kamehameha summer program he attended last year.

Attorney Eric Grant, who also represented the boy and his mother, acknowledged that Ezra's action was limited and that the boy's attendance at Kamehameha could end if the courts uphold the school's admission policy.

Mohica-Cummings' mother, Kalena Santos, said that her main concern was for her son's welfare and that she had no comment on the merits of the school's overall admission policy.

Acting on the Kamehameha notice of acceptance, Santos decided not to enroll her son in Kapa'a Middle School, Goemans said. By the time Kamehameha rescinded its offer to enroll the boy, Kapa'a School had been in session for three weeks, the attorney said.

Santos said she will prepare her son for the possibility that this could be his only year at Kamehameha.

She also said she believes that he won't be targeted for reprisals. "I'm not worried about that," she said. "As Judge Ezra had stated, he would expect that he would be treated fairly."

Kamehameha attorney David Schulmeister said that the court order, though disappointing, was limited. "I think the judge made it clear that it was only because of the special circumstances here, and it doesn't speak to the ultimate decision on the school policy," he said. "I think we will get a fair hearing on the policy."

The courtroom reaction yesterday was hushed, as teary-eyed trustees, school alumni and other Native Hawaiians embraced and left quietly. Kamehameha Schools officials said they do not plan to appeal Ezra's court order.

Attorney H. William Burgess who represents a group of people who are challenging federal "entitlement programs" for Native Hawaiians on the grounds that the programs discriminate on the basis of race against non-Hawaiians, said he did not think Ezra's order yesterday would have a direct bearing on the entitlement case. Federal Judge Susan Mollway is scheduled to hear arguments in that case Sept. 8.

Van Dyke said congressional passage of the "Akaka bill" ? the proposal calling for Hawaiians to receive the same kinds of recognition given to Native American Indians ? would likely support Kamehameha Schools' "Hawaiians-only" admissions policy.

"There are well over 100 congressional statutes that provide for the special status of Native Hawaiians. The Hawaiians are like other Native Americans and are entitled to that special status, and the Akaka bill would enforce that," Van Dyke said.

The bill, which is labeled after its sponsor, Sen. Daniel Akaka, D-Hawai'i, is yet to receive congressional approval.



It's a sick world and getting sicker.


--------------------
You cannot legislate the poor into prosperity by legislating the wealthy out of prosperity. What one person receives without working for another person must work for without receiving. The government cannot give to anybody anything that the government does not first take from somebody else. When half of the people get the idea that they do not have to work because the other half is going to take care of them and when the other half gets the idea that it does no good to work because somebody else is going to get what they work for that my dear friend is the beginning of the end of any nation. You cannot multiply wealth by dividing it. ~ Adrian Rogers

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OfflineGernBlanston
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Re: So, another addition to the "special" people list [Re: luvdemshrooms]
    #1839862 - 08/22/03 08:11 AM (20 years, 7 months ago)

We need to let Hawaii go. They don't want to be a part of this country any more - so let em go. We'll just pick up Puerto Rico, so we don't have to spend any $$ changing our flag.


--------------------
There is no flag large enough to cover the shame of killing innocent people.
  --  Howard Zinn

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Invisibleluvdemshrooms
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Re: So, another addition to the "special" people list [Re: GernBlanston]
    #1839878 - 08/22/03 08:19 AM (20 years, 7 months ago)

Actually, although I'm sure you realize this, my point is that NO-ONE should be treated any different than anyone else.


--------------------
You cannot legislate the poor into prosperity by legislating the wealthy out of prosperity. What one person receives without working for another person must work for without receiving. The government cannot give to anybody anything that the government does not first take from somebody else. When half of the people get the idea that they do not have to work because the other half is going to take care of them and when the other half gets the idea that it does no good to work because somebody else is going to get what they work for that my dear friend is the beginning of the end of any nation. You cannot multiply wealth by dividing it. ~ Adrian Rogers

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OfflineGernBlanston
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Re: So, another addition to the "special" people list [Re: luvdemshrooms]
    #1839908 - 08/22/03 08:31 AM (20 years, 7 months ago)

Couldn't agree more.  Just making an aside :smile:


--------------------
There is no flag large enough to cover the shame of killing innocent people.
  --  Howard Zinn

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OnlineBaby_Hitler
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Re: So, another addition to the "special" people list [Re: luvdemshrooms]
    #1841329 - 08/22/03 04:20 PM (20 years, 7 months ago)

If this school is recieving any government funding, it should loose it.

If it's a private school, then I don't give a shit.


--------------------
"America: Fuck yeah!" -- Alexthegreat

“Nothing can now be believed which is seen in a newspaper. Truth itself becomes suspicious by being put into that polluted vehicle. The real extent of this state of misinformation is known only to those who are in situations to confront facts within their knowledge with the lies of the day.”  -- Thomas Jefferson

The greatest sin of mankind is ignorance.

The press takes [Trump] literally, but not seriously; his supporters take him seriously, but not literally. --Salena Zeto (9/23/16)

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OfflineMalachi
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Re: So, another addition to the "special" people list [Re: luvdemshrooms]
    #1841524 - 08/22/03 05:12 PM (20 years, 7 months ago)

proving your ignorance one day at a time, are we? jane you ignorant slut...


--------------------
The ultimate meaning of our being can only be fulfilled in the paradoxical leap beyond the tragic-demonic frustration. It is a leap from our side, but it is the self-surrendering presence of the Ground of Being from the other side.
- Paul Tillich

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OfflineLearyfanS
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Re: So, another addition to the "special" people list [Re: luvdemshrooms]
    #1841574 - 08/22/03 05:37 PM (20 years, 7 months ago)

Ahhhh, let em have their own school.





--------------------
--------------------------------


Mp3 of the month:  Sons Of Adam - Feathered Fish


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Invisibleluvdemshrooms
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Re: So, another addition to the "special" people list [Re: Malachi]
    #1841622 - 08/22/03 05:59 PM (20 years, 7 months ago)

Quote:

Malachi said:
proving your ignorance one day at a time, are we? jane you ignorant slut...



So you wouldn't be opposed to a whites only school then?


--------------------
You cannot legislate the poor into prosperity by legislating the wealthy out of prosperity. What one person receives without working for another person must work for without receiving. The government cannot give to anybody anything that the government does not first take from somebody else. When half of the people get the idea that they do not have to work because the other half is going to take care of them and when the other half gets the idea that it does no good to work because somebody else is going to get what they work for that my dear friend is the beginning of the end of any nation. You cannot multiply wealth by dividing it. ~ Adrian Rogers

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OfflineMalachi
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Re: So, another addition to the "special" people list [Re: Learyfan]
    #1841635 - 08/22/03 06:02 PM (20 years, 7 months ago)

funny, no one minds natives having their own schools... oh wait, that's cause their schools are complete shit (no money). everyone wants peace, the problem is whitey wants a bigger peice, got it where niggas can't get a piece.


--------------------
The ultimate meaning of our being can only be fulfilled in the paradoxical leap beyond the tragic-demonic frustration. It is a leap from our side, but it is the self-surrendering presence of the Ground of Being from the other side.
- Paul Tillich

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OfflineMalachi
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Re: So, another addition to the "special" people list [Re: luvdemshrooms]
    #1841638 - 08/22/03 06:03 PM (20 years, 7 months ago)

oh, you mean like every good private school on the east coast?


--------------------
The ultimate meaning of our being can only be fulfilled in the paradoxical leap beyond the tragic-demonic frustration. It is a leap from our side, but it is the self-surrendering presence of the Ground of Being from the other side.
- Paul Tillich

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Offlined33p
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Re: So, another addition to the "special" people list [Re: Malachi]
    #1841677 - 08/22/03 06:14 PM (20 years, 7 months ago)

I went to a private school in the south east and we had 11 black kids out of 600 students so dont say that...


--------------------
I'm a nihilist. Lets be friends.

bang bang

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OfflineLearyfanS
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Re: So, another addition to the "special" people list [Re: Malachi]
    #1841680 - 08/22/03 06:15 PM (20 years, 7 months ago)

Quote:

Malachi said:
funny, no one minds natives having their own schools... oh wait, that's cause their schools are complete shit (no money). everyone wants peace, the problem is whitey wants a bigger peice, got it where niggas can't get a piece.




I like that. It's poetic in a way.




--------------------
--------------------------------


Mp3 of the month:  Sons Of Adam - Feathered Fish


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Invisibleluvdemshrooms
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Registered: 11/29/01
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Re: So, another addition to the "special" people list [Re: Malachi]
    #1841768 - 08/22/03 06:48 PM (20 years, 7 months ago)

Quote:

Malachi said:
oh, you mean like every good private school on the east coast?



I wasn't aware of any white only schools. Perhaps you could name some for me?


--------------------
You cannot legislate the poor into prosperity by legislating the wealthy out of prosperity. What one person receives without working for another person must work for without receiving. The government cannot give to anybody anything that the government does not first take from somebody else. When half of the people get the idea that they do not have to work because the other half is going to take care of them and when the other half gets the idea that it does no good to work because somebody else is going to get what they work for that my dear friend is the beginning of the end of any nation. You cannot multiply wealth by dividing it. ~ Adrian Rogers

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OfflineMalachi
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Re: So, another addition to the "special" people list [Re: luvdemshrooms]
    #1841864 - 08/22/03 07:22 PM (20 years, 7 months ago)

see d33p's post. here in reality white privilege is understood to exist. even at the public midwestern uni I attend there are virtually no minorities. all of the schools in hawaii are segragated: HPA (hawaii prep academy) is the white school (a damn good school - I went to it for a year, but since I'm not a senator or ceo's kid I couldn't stay... cost was prohibitive) and public schools are where the locals go (shit schools). kam is the one place that native hawaiians can possibly hope to get a good education.


--------------------
The ultimate meaning of our being can only be fulfilled in the paradoxical leap beyond the tragic-demonic frustration. It is a leap from our side, but it is the self-surrendering presence of the Ground of Being from the other side.
- Paul Tillich

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Offlined33p
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Re: So, another addition to the "special" people list [Re: Malachi]
    #1841899 - 08/22/03 07:35 PM (20 years, 7 months ago)

Why do you contradict yourself so. First you say those kids are all in good schools simply beacuse they are white, then you go on to say it is beacuse they have connections or related to people in power. Pick only one reason to hate white people at a time plz


--------------------
I'm a nihilist. Lets be friends.

bang bang

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OfflineMalachi
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Re: So, another addition to the "special" people list [Re: d33p]
    #1841945 - 08/22/03 07:48 PM (20 years, 7 months ago)

that's the fucking point dipshit, all the people in power are white. you can't find this point better illustrated anywhere that in hawaii. well, perhaps the deep south, but I've never been there.


--------------------
The ultimate meaning of our being can only be fulfilled in the paradoxical leap beyond the tragic-demonic frustration. It is a leap from our side, but it is the self-surrendering presence of the Ground of Being from the other side.
- Paul Tillich

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Offlined33p
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Re: So, another addition to the "special" people list [Re: Malachi]
    #1841948 - 08/22/03 07:49 PM (20 years, 7 months ago)

Then how about the hawaiians elect some hawaiians. Those votes are coming from somewhere


--------------------
I'm a nihilist. Lets be friends.

bang bang

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OfflineMalachi
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Re: So, another addition to the "special" people list [Re: d33p]
    #1841977 - 08/22/03 07:57 PM (20 years, 7 months ago)

it might have something to do with the fact that the native hawaiian population has been decimated, the proportion of hawiians in prison is higher than any other race in america, and educated hawaiian leaders get fed up and leave because people like LDS smear them as "racist" for trying to save their people.


--------------------
The ultimate meaning of our being can only be fulfilled in the paradoxical leap beyond the tragic-demonic frustration. It is a leap from our side, but it is the self-surrendering presence of the Ground of Being from the other side.
- Paul Tillich

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Offlined33p
Welcome to Violence

Registered: 07/12/03
Posts: 5,381
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Re: So, another addition to the "special" people list [Re: Malachi]
    #1841985 - 08/22/03 08:00 PM (20 years, 7 months ago)

A week ago you said the same thing about blacks. And if there arnt enough hawaiians to matter in a vote thats not the white mans fault although i trust you to come up with a vauge reason why it is.


--------------------
I'm a nihilist. Lets be friends.

bang bang

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Invisiblewingnutx

Registered: 09/24/00
Posts: 2,287
Re: So, another addition to the "special" people list [Re: Malachi]
    #1842020 - 08/22/03 08:11 PM (20 years, 7 months ago)

Please refrain from gratuitous name-calling. That's what OTD is for.

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