No. 27897 – Wednesday, November 3, 2010 at 9 a.m.

STATE OF HAWAII, Plaintiff-Appellee, vs. LLOYD PRATT, Defendant-Appellant

Attorney(s) for Defendant-Appellant
Daniel G. Hempey

Attorney(s) for Plaintiff-Appellee
Sharlene C.L. Iseri-Carvalho, Prosecuting Attorney and Tracy Murakami, Deputy Prosecuting Attorney

COURT: Nakamura, CJ; Fujise and Leonard, JJ.

SPECIAL NOTE: The above argument will take place in the Supreme Court courtroom on the Second Floor of Aliʻiolani Hale, 417 South King Street, Honolulu, Hawaii.

[ Listen to the entire audio recording in mp3 format ]

Brief description:

Defendant-Appellant Lloyd Pratt (Pratt) appeals from three judgments of conviction entered against him in the District Court of the Fifth Circuit (District Court) for violating restrictions on camping in closed areas of Kalalau State Park pursuant to Hawaii Administrative Rules § 13-146-04 (1990).  The District Court found, inter alia, that Pratt had set up a residence, constructed an abode, cleared large areas, including heiau sites, and planted food gardens, using a garden hose for watering, while in the park.  Pratt argues that the District Court erred in denying his motion to dismiss the charges because as a native Hawaiian his activities, including his temporary residence in the park for extended periods of time, were constitutionally protected as part of and in order to facilitate his exercise of alleged customary and traditional native Hawaiian practices.  The District Court rejected this argument primarily based on its findings and conclusions that the State has a valid interest in protecting and preserving park resources, keeping the park a wilderness area, and providing for the health and safety of all who visit the area, and that this interest, when balanced against the rights asserted by Mr. Pratt, weigh in favor of the State.