STORY SUMMARY>>>

It was a wicked Wednesday for Stop Rail Now. The anti-rail group was turned away by two separate Hawaii courts in its effort to get its ballot question on the November ballot.

In Circuit Court, Judge Karl Sakamoto denied Stop Rail Now’s motion for partial reconsideration of his early ruling last month. Sakamoto upheld his previous decision saying the group needed 44,500 valid signatures, or ten percent of registered Oahu voters in the 2004 election, to get its anti-rail question before voters.

The Hawaii Supreme court ruled a few hours later, denying the group’s request for emergency relief from Sakamoto’s decision.

The high court’s position effectively killed Stop Rail Now’s ballot question, which would have read: Shall an ordinance be adopted to prohibit trains and rail transit in the City and County of Honolulu?

Also Wednesday Honolulu City Clerk Denise De Costa announced 35,065 of the signatures collected by Stop Rail Now’s were certified by her office as valid out of the 49,472 the group submitted.

Although the anti-rail group failed to get its question on the November ballot Oahu voters will still decide whether they want a 20-mile commuter rail line that will cost an estimated $3.7 billion in 2006 dollars.

Last month the Honolulu City Council and Mayor Mufi Hannemann approved a question that reads: Shall the powers, duties and functions of the city through the director of Transportation Services include the establishment of a steel wheel on steel rail transit system?

With no more legal bullets to shoot Stop Rail Now will turn its focus to educating the public about the Council’s question and alternatives to rail.

“For the most part it's a question of getting the truth to the voters,” said Stop Rail Now supporter Cliff Slater. “The big issue for everybody is reduction in traffic congestion and we don't get that with rail transit.”

Meanwhile mayoral candidate and Councilwoman Ann Kobayashi failed to pass a resolution Wednesday that demanded the city stop using taxpayer funds for radio ads that promote rail transit.

With Council Chairwoman Barbara Marshall absent due to health reasons the measure failed to pass by a 4-4 vote.

Transportation Services Director Wayne Yoshioka told the Council’s Executive Committee that the ads, along with printed materials and community meetings, are part of the city’s federally mandated campaign to inform the public about its mass transit project.

Councilman Charles Djou argued the ads amount to propaganda and pointed to a Hawaii Supreme Court decision in March of last year which said City Prosecutor Peter Carlisle could not expend taxpayer monies to promote a ballot issue unless authorized to do so by city ordinance.

“You believe that a reasonable person looking at your advertising will not believe that it's slanted, bias, or favors a pro or anti-rail position,” Djou asked Yoshioka. “It just merely provides information,” Djou added.

Yoshioka responded to Djou that in his opinion the radio ads provide unbiased information and are designed to counter “misinformation” by anti-rail forces.

Andrew may be reached at apereira@khon2.com or ph. 591-4263.