State of Hawaii Attorney General Anne Lopez announced Tuesday that she would not re-prosecute the Thirty Meter Telescope protesters arrested in 2019 for the obstruction of the Mauna Kea Access Road, according to a release. 

What You Need To Know

  • On July 17, 2019, a group of more than 30 seniors were charged for blocking the road to Mauna Kea

  • In April 2022, a Hawaii trial court dismissed 30 of the cases

  • Because the cases were dismissed without prejudice, the state could still re-prosecute the 30 TMT protesters

  • Now, the Attorney General has made it clear the cases will not continue

On July 17, 2019, a group of more than 30 seniors were charged with petty misdemeanors for blocking the only road that leads to the summit of Mauna Kea, a mountain considered sacred by many Hawaiians. The protesters oppose building the Thirty Meter Telescope on Mauna Kea, which they say has been mistreated since the 1960s, when astronomers first started using the area.

One defendant was previously found guilty after a trial and two pleaded no contest. These verdicts remain in place. 

In April 2022, a Hawaii trial court dismissed the remaining 30 cases without prejudice, citing the Hawaii Supreme Court’s ruling on State v. Thompson in Dec. 2021, which set a legal precedent that said the criminal complaint did not include the signatures of the complainants. 

Because the cases were dismissed without prejudice, the state could still re-prosecute the 30 remaining TMT protesters. 

Now, the Attorney General has made it clear the cases will not continue. 

“After extensive litigation in the original prosecution, dismissal of the cases in 2022, and careful consideration of the benefits of re-prosecution to the State of Hawaii, I have decided that the continued pursuit of these cases is not in the best interests of the people of the State of Hawaii,” Lopez said in a release. 

Hawaii Gov. Josh Green said he appreciates the Attorney General’s latest decision. 

“I appreciate the Attorney General’s decision to dismiss the charges against our kūpuna who peacefully protested at Mauna Kea three years ago. The time has come to build a new pathway forward that considers all people and is respectful of our host culture. This is the kind of justice we want to see for our kūpuna, who stood up for what they believe in—their culture and their ancestors. I will work to find a way forward together,” said Green in a release. 

Michelle Broder Van Dyke covers the Hawaiian Islands for Spectrum News Hawaii. Email her at michelle.brodervandyke@charter.com.