With three new council members weighing in for the first time, the Hawaii County Council on Wednesday is scheduled to decide whether to appeal a federal court ruling overturning the county’s ban on growing genetically modified crops in open-air conditions.
With three new council members weighing in for the first time, the Hawaii County Council on Wednesday is scheduled to decide whether to appeal a federal court ruling overturning the county’s ban on growing genetically modified crops in open-air conditions.
The council had passed the anti-GMO bill in late 2013 by a 6-3 vote. Two of the no votes — Hilo Councilman Dennis “Fresh” Onishi and Puna Councilman Greggor Ilagan — are still on the council.
New members Aaron Chung, of Hilo, Danny Paleka, of Puna, and Maile David, of Ka‘u/South Kona, generally held their opinions on the GMO law close to the vest during campaigning.
Chung, an attorney and former council member, however, said during an Aug. 1 candidate forum that he thinks the GMO ban is prohibited by state and federal law but added he would not seek to undo it.
“I have no problem with GMO products,” he said at the time. “I eat it, I let my kids eat it.”
It will take five yes votes to appeal the ruling to the Ninth Circuit Court of Appeals.
The council meets at the West Hawaii Civic Center at 9 a.m. Wednesday. Public comment is taken at the beginning of the meeting. The public can also testify via videoconference from Hilo council chambers, the Waimea council office, the county facility in Kohala, Hawaiian Ocean View Estates Community Center and the Pahoa neighborhood facility.
U.S. Magistrate Judge Barry Kurren invalidated the county law in a Nov. 27 order, saying state law preempts county law on the issue. He said lawmakers intended the state to have broad oversight of agricultural issues in Hawaii.
The judge declined to certify the question to the Hawaii Supreme Court.
“Although the precise issue of whether Hawaii state law preempts a county ban on genetically engineered plants has not been decided by the Hawaii Supreme Court, Hawaii appellate opinions have articulated very clear and specific state preemption standards,” Kurren said in his 28-page order.
State Sen. Russell Ruderman, chairman of the Senate Agriculture Committee and owner of Island Naturals food stores, said Monday he will be testifying in favor of appealing the ruling. He said neither of the terms “GMO” or “genetically modified” are in state law.
“I believe it’s not only winnable, it’s easily winnable,” Ruderman said. “The judge isn’t just a little bit wrong on this; he’s totally wrong.”
Onishi said he will listen to Corporation Counsel before making up his mind. He said he did have questions about whether any appeal would be handled in-house and how much it would cost.
Corporation Counsel Molly Stebbins said the council will make the final decision on whether or not to appeal. Kohala Councilwoman Margaret Wille, who sponsored the original anti-GMO bill, has scheduled Resolution 22 for Monday to advise the county’s civil attorneys to appeal the case.
But most of the discussion of the issue will take place behind closed doors during an executive session scheduled for later in the meeting.
Mayor Billy Kenoi, who signed the original bill, said he is also leaving the final decision up to the council.
“I think our position has been clear,” Kenoi said of the administration. “We support community-based farmers … We have a vision for agriculture on Hawaii Island. … Any time you have a local ordinance invalidated by federal court it is disappointing. … The council will weigh in on whether or not to appeal. I look forward to hearing what they have to say.”