Injunction Against Lahaina Halloween Goes to Court

By Wendy Osher

Maui Now file photo, Halloween in Lahaina 2007.

A hearing has been scheduled in 2nd Circuit Court to review the request for a temporary restraining order, seeking intervention in Lahaina Halloween festivities.

The complaint summons and injunction were filed on behalf of Na Makua O Maui and Maui resident Richard Dancil and will be heard at 11 a.m. (on Thursday, October 27, 2011) in the courtroom of Judge Rhonda Loo.

The named defendants include Maui Mayor Alan Arakawa; the Maui Office of Economic Development; the Maui Department of Planning; the Lahaina Town Action Committee; and a list of others.

The five count complaint includes allegations of civil conspiracy; civil rights violations; fraudulent representations; failure to file an environmental impact statement (EIS); and violation of equal protection clauses under both state and federal constitutions.

On Tuesday afternoon, the mayor’s office said the document was under review by corporation counsel.

The injunction comes up for review four days before Halloween festivities are scheduled along Front Street.

The Halloween in Lahaina event returns in full capacity for the first time since 2007.  Since then, permits requesting extended road closures for evening activities were denied by the County Cultural Resources Commission.

In an earlier interview, Mayor Arakawa said the county was not required to seek approval from the CRC this year because activities and conditions that would have prompted CRC review were removed from the plans.

Those opposed to the festivities have cited cultural sensitivity, incidents of lewd behavior, and skimpy costumes.

***Check back for full coverage of court proceedings.